Re Coghlan (Deceased)
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1964 |
| Date | 01 January 1964 |
| Court | Probate, Divorce and Admiralty Division |
Condition as to marriage and residence - Whether condition severable - Whether condition void for uncertainty.
By his will T.C. gave his farm, dwelling, stock and contents upon trust for his nephew provided his nephew should marry (if not married at his death) and come to reside there within one year from the date of his death and in the event of his nephew not marrying and coming to live there in trust to sell the farm, house, stock and contents and apply the proceeds of such sale for the celebration of Masses. Heldby the Supreme Court: (Kingsmill Moore and O'Daly JJ., Maguire C.J. dissenting) reversing Dixon J. that the condition was not severable and accordingly, the condition as to residence being void for uncertainty, the condition as to marriage also failed. The condition was a composite condition.
To continue reading
Request your trial
-
Martyn James v Lorraine Anne Scudamore
...forward by the defendants' solicitors in a letter of 11 September 1945, Willmer J dismissed the action as frivolous and vexatious ( [1948] 1 All ER 367). The plaintiff appealed. By the time of the appeal, it also appeared that there remained a small piece of land containing a family vault ......
-
Paul John McElroy v Lynne McElroy (in her capacity as administrator of the estate of Ray James McElroy and in her personal capacity)
...made an application under the inherent jurisdiction of the court to dismiss the action as frivolous and vexatious. Willmer J [at [1948] 1 All ER 367] dismissed the proceedings. In doing so he held that: “It seems to me that a [claimant], who lies by for 23 years after the will which he cla......
- Re Coghlan (Deceased)