In the Goods of Isabella Keenan, deceased
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1946 |
| Date | 01 January 1946 |
| Court | King's Bench Division (Northern Ireland) |
Exercise of power of appointment - General revocatory clause in subsequent testamentary papers - Rebuttal of presumption of revocation of prior exercise of power of appointment - Validity in Northern Ireland of testamentary dispositions and holograph confirmations made in conformity with Scots law - Wills Act, 1837 (7 Will. IV and,1 Vict., c. 26), s. 22 - Wills Act, 1861 (Lord Kingsdown's Act), s. 2.
By deed of settlement inter vivos made in Edinburgh R. settled personalty for the benefit of his five sisters. Under the terms of this instrument, in the events which happened a general power of appointment by will over the settled property was conferred on the last surviving of the beneficiaries. Two surviving beneficiaries, Mrs. K. and Mrs. H., by a document dated 18th June, 1940, purported to appoint £500 of the settled funds, and by a document dated 20th June, 1940, purported to appoint the funds exhaustively. This latter joint appointment was to be effective as the appointment of the survivor, but it contained adeclaration, "this appointment shall not be revoked by any will made by the survivor of us unless it be therein specifically revoked." On 7th November, 1940, Mrs. K. executed her will, which contained a general revocatory clause. Mrs. H. died on 2nd April, 1942. Shortly afterwards Mrs. K., in Edinburgh, appended and signed a confirmation of the exercise of the power of appointment...
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The Estate of James Browne, Late of 11 Marne Street, Vaucluse, New South Wales 2030, Australia, Company Director, Deceased and the Succession Act, 1965 and an Application by Margaret McHale, the Sole Executrix Named in a Testamentry Document Executed by the Deceased on the 27th Day of October, 2000
...assets should pass to his relatives in Ireland. 70 . Baker J. approved the following statement of McDermott J. in Re Keenan, deceased (1946) 80 ILTR 1 (at 3): “[W]here … a will contains a clear revocatory clause couched in comprehensive terms and having the knowledge and approval of the tes......
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Kench-Andrews v The Succession Act 1965
...if it can be shown that the testator did not have knowledge of or approve the intended revocation. Relying on the judgments in Re Keenan [1946] 80 ILTR 1 and Re Phelan [1972] Fam 33, Baker J stated as follows:- 15. Implicit in this dicta is that a clear revocation clause, while it might rai......
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Kench-Andrews v The Succession Act 1965
...if it can be shown that the testator did not have knowledge of or approve the intended revocation. Relying on the judgments in Re Keenan [1946] 80 ILTR 1 and Re Phelan [1972] Fam 33, Baker J stated as follows:- 15. Implicit in this dicta is that a clear revocation clause, while it might rai......
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The Estate of William Joseph Courtney
...has the necessary animus revocandi in relation to earlier testamentary documents. This is apparent in the judgment in in Re Keenan [1946] 80 I.L.T.R. 1 where MacDermott J. said as follows:- ‘For my own part, I incline to the view that where, as here, a will contains a clear revocatory claus......