Re Doherty, Quinn v Clarke and Another
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1950 |
| Date | 01 January 1950 |
| Court | Court of Appeal (Northern Ireland) |
Condition - Whether condition precedent or subsequent.
A testatrix devised her farm to J.C., "provided he comes to reside on the lands within twelve months of my death." Five months after the testatrix's death J.C. returned to the farm and spent one night there after which he left and never came back. Held, that the devise showed an intention to impose a condition precedent and not a condition subsequent, and that the condition was valid but unperformed. In re McClearyIR[1923] 1 I.R. 16 considered and criticised. In determining whether a testator intended to impose a condition precedent or a condition subsequent, the facts that the condition requires only a single act to be performed, that it is capable of being performed immediately, that a time limit for its performance is allowed, and that it is drafted in the present tense, are all...
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Re Blake, Deceased
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The construction of conditions attaching to gifts in wills
...precedent or a condition subsequent. It was a limitation of the beneficial interest, 39See Re Johnson [1986] N.I.Y.B. 16; Re Doherty [1950] N.I. 83. 40 [2007] I.E.H.C. 228. 41 [2007] I.E.H.C. 228, at para. 1. _____________________________________________________ Judicial Studies Institute J......