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Sinclair and Others v Lyons and Others

Irish Law Times Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1945
Date01 January 1945
CourtKing's Bench Division (Northern Ireland)
(K.B.D., N.I.),
Sinclair and Others
and
Lyons and Others

-"If anything happens to A. or me" - Whether will conditional - Title to grant of administration with will annexed.

The testatrix, on the 17th April, 1941, made a will in these terms: "If anything happens to Albert or me I wish everything I possess to be divided equally between my three sisters, Maude, Ruby and Lizzie." The plaintiffs, who were the universal legatees, claimed to have the will proved in solemn form. The defendants, the next-of-kin, claimed that the will was a contingent or conditional will made in terms subject to the testatrix's husband predeceasing the testatrix, which event did not occur, and that the will was inoperative and should not be proved. Held: that the words used by the testatrix did not express an intention that the will should operate only in a given event and that the will should be admitted to probate. In order to regard a will as...

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