Kernaghan, Deceased. Armstrong v Armstrong

JurisdictionNorthern Ireland
Judgment Date01 January 1939
Date01 January 1939
CourtRecorder’s Court (Northern Ireland)
(Rec. Ct.),
Kernaghan, Deceased. Armstrong
and
Armstrong

-Administration - Gift to executor - Legacies - Precatory trust.

  1. A. B. died on the 29th December, 1937. By her will dated the 6th January, 1933, she appointed C. D. her sole executor and gave and bequeathed to him all her monies. Then using the words "I wish" she directed C. D., if there was enough money, to pay E. F. a legacy of £25. The will then made C. D. residuary legatee should there be any money left over. Held, that C. D.took the gift under the will as executor and that there was a precatory trust in favour of E. F.

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