Heron v Ulster Bank Ltd
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1974 |
| Date | 01 January 1974 |
| Court | Court of Appeal (Northern Ireland) |
Share of child with no issue to be added to "shares of my other children"- Meaning of gift over - Whether children of deceased child to share under accruer clause.
The testator, who died on the 9th April, 1924, by his will left a fund in trust to be divided into as many equal shares as he had children surviving him (excluding the eldest) and to appropriate a share to each child. The trustees were directed to pay the income to the testator's children and to distribute the fund to the children of such children. The will provided that if an interest in the trusts should fail, then the share affected would "accrue by addition to the share or shares of my other children . . ." In 1961, a daughter of the testator died unmarried, being survived by five of her brothers and sisters and the children of another daughter, who died in 1947. The action was brought to determine whether the share of the daughter dying in 1961 should pass in fifths to her sisters and brothers surviving her, or in sixths to her said sisters and brothers with a sixth to the children of the daughter who died in 1947. Held, by Lord MacDermott, that the "other children"were those children who survived the daughter who died in 1961. The will shows no general intention to put grandchildren into the shoes of a parent, the original division of the trusts makes no provision for the...
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