McGredy and Others v Commissioners of Inland Revenue
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1951 |
| Date | 01 January 1951 |
| Court | King's Bench Division (Northern Ireland) |
Residuary gift of real and personal estate to beneficiary on his attaining twenty-five - Gift over in the event of beneficiary dying under twenty-five - Whether interest vested or contingent.
A devise or bequest to a person "on his attaining" a certain age, or "if" or "when" or "as soon as" he attains such age prima facie confers a contingent interest only, but it is a settled rule of construction that where there is a gift over in the event of the person not attaining such age the primary gift will be construed so as to confer a vested interest liable to be divested in the event of death under that age. This rule of construction (the rule in Edwards v. HammondENR 3 Lev. 132), applies equally to devises and bequests of legal or equitable interests in realty or personalty or mixed funds of realty. The rule being a rule of construction may be negatived by the actual terms of the will, but though the reason commonly assigned as a...
To continue reading
Request your trial
-
Murphy v Murphy
...5 Dow. 202; Phipps v. AckersENR 9 Cl. & Fin. 583; Pearks v. MoseleyELR 5 App. Cas. 714; McGreadyv. Inland Revenue CommissionersDNI [1951] N.I. 155 distinguished. (1961. No. 76 P.) Murphy v. Murphy. In the Matter of the Estate of Michael Murphy Deceased. BRENDAN MURPHY Plaintiff and PATRICK ......
-
Re Kilpatrick's Policies Trusts ; Kilpatrick v Commissioners of Inland Revenue
...In particular by Mr Justice Farwell in 1936 in Re Heath, 1936 Chancery, p. 259, and in 1951 by Lord Justice Black in McGredy v. Inland Revenue Commissioners, 1951 N.I.R., p. 155. I do not think we can possibly overrule those cases, seeing that so many transactions have been effected on the......
-
Lot B Ltd v Warry
...it was linked to a condition subsequent which came to be fulfilled upon Virginia reaching the specified age (and see McGredy v. IR Comrs [1951] NI 155; Murphy v. Murphy [1964] IR 308; Hawkins on Wills (3rd edn, 1925) p 280; Emmet on Title (15th edn, 1967) pp 1004–1005). Mr. Liddell contends......
-
Brotherton v Commissioners of Inland Revenue
...(1842) 9 C &F 583; Stanley v. Stanley 16 Ves J 491; In re Heath [1936] Ch 259; McGredy v. Commissioners of Inland Revenue 32 TC 338; [1951] NI 155; In re Ransome [1957] Ch 348; In re Kilpatrick's Policies Trusts [1966] 1 Ch 730; In re Penton's Settlements [1968] 1 WLR 248; In re Mallinson's......