Irish Law Reports Annotated Reprint; Containing [1894] I and 2 I. R. - [1912 I and 2 I. R.] Volume 2

Irish Law Reports Annotated Reprint; Containing [1894] I and 2 I. R. - [1912 I and 2 I. R.] Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... not proved to have been written before execution, and in Birt's (L. R. 2 P. & D. 214) and Greenwood's cases (1892 P. 7) admitted to probate on evidence of their having been written before execution. Now the words in question were written before execution, but 272 there are no grounds on which they can be introduced or connected as an interlineation. The second class of cases are those in which unexecuted or attested papers have been incorporated with regular testamentary papers and so admitted to proof. I find no authority for the application of this doctrine to the present case. Re Dallow (L. R. 1 P. & I). 189) seems undistinguishable, and though decided in 1866 has I believe never been questioned. In Dallow's case (ibid.) the alleged words of reference were "my executors as hereinafter named," and the clause underneath the testator's signature was: --" My executors are W. A. Dallow, Cleobury Mortimer, and my brother John Dallow." Here the words are: --" My trustees and executors hereinafter-named," and the clause is, "I find on reading the above previous to the execution thereof that I omitted to name my trustees and executors. I hereby appoint my son and my friend Loftus Walshe my executors and trustees." The substance of each case is the naming the executors. The express gift to the executors does not affect the principle. The appointment of an executor is itself a gift of the personal estate. I should hesitate to dissent from Dallow's case (ibid.), even if I did not approve of it, and I am happy to know that in the present case the matter is of slight importance as a trust never fails for failure of a trustee. Solicitor for applicants: John White. R. W. L. 273 In Re Mahon's Estate (1). more

Product details

  • Paperback | 754 pages
  • 189 x 246 x 38mm | 1,320g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236645472
  • 9781236645470