Re Porter: Logan v Northern Bank Ltd and Others
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1975 |
| Date | 01 January 1975 |
| Court | Chancery Division (Northern Ireland) |
Bequest subject to condition - Whether condition precedent or subsequent - Whether condition void for uncertainty - Gift over to residuary estate -Whether relief against forfeiture.
By clause 2 of his will, the testator devised and bequeathed his interest in business premises and in the business carried on therein to his brother, subject to the brother paying 4,000 to the executors and trustees of the will within six months of the date of his death or making satisfactory agreements for payment within that period. Clause 3 provided that in the event of the brother failing to pay the sum, or failing to make satisfactory arrangements, the devise and bequest were to be revoked and the interests therein contained were to fall into residue. The 4,000 was never paid. In an action originally commenced by the brother the following three points of law were set down for decision: Whether the condition in clause 2 was a condition subsequent? Whether the condition was void for uncertainty? And whether, if the condition were sufficiently certain the court could grant relief against forfeiture caused by the failure to perform the condition strictly? Held, 1. that as the effect of clause 2 was to confer a vested...
To continue reading
Request your trial
-
Corrigan (plaintiff) v Corrigan & Corrigan
...IR 290 MATTER OF KING 1910 200 NY 189 MCGOWAN v KELLY UNREP LAFFOY 19.6.2007 2007 IEHC 228 MACKESSY v FITZGIBBON 1993 1 IR 520 PORTER, RE 1975 NI 157 BURKE & O'REILLY v BURKE & QUAIL 1951 IR 216 THEOBALD ON WILLS 16ED 2001 PARA 53.36 LYALL LAND LAW IN IRELAND 2ED 2000 179 AG v CUMMINS & O......
-
The construction of conditions attaching to gifts in wills
...as follows: 10Re Burke [1951] I.R. 216 at 224 per Gavan Duffy J. 11 Re Farrelly [1941] I.R. 261 at 268 per Gavan Duffy J. 12 Re Porter [1975] N.I. 157 at 160 per Lowry L.C.J.; see also Re McDonnell [1965] I.R. 354. 13Re McDonnell [1965] I.R. 354 at 358; Mackessy v. Fitzgibbon [1993] 1 I.R. ......