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Re Ball (Deceased); Cowan and Johnson v Ball

Northern Ireland Law Reports (Digests) Irish Law Journal (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1933
Date01 January 1933
CourtChancery Division (Northern Ireland)
Ch. Div., N.I.
I.F.S.
In re Ball, deceased. Cowan and Johnson
and
Ball

Word "heir" appearing in the form "heirs" with the "s" at the end struck out, but still visible - Gift of farm of land, money, goods and chattels - Gift over on death without issue or an heir to testator's brother or his "heir."

Words - "Any other or others of my said three children . . . shall receive . . . 150 . . . chargeable on my said lands"- Each receive 150. Fahey, deceased.Riordan v. Fahey

A testator left his farm, money, goods and chattels, to his son, H. B., subject to certain legacies. The will also contained the following clause:"I also direct should my son, H. B., die without issue or an heir, I allow my said farm, money, goods and chattels to go to my brother J. B., or his heir(s)" subject to the legacies already referred to. Where the word "heir" appeared secondly in the will, it appeared in the form "heirs" with the "s"at the end struck out but still visible, showing a correction of the form apparently originally written. Held, by Megaw, J., following Gann v. GregoryENR 3 De G. M. & G. 777, that the word in controversy should be read as "heir" not "heirs." Held further, following Weldon v. Weldon (1911) 1 I....

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