FOLEY V. O'LOUGHLIN & ORS. 36/1937

FOLEY V. O'LOUGHLIN & ORS. 36/1937

The gift to charities contained in the 'seventhly' provision of the will only takes effect upon the failure of issue of both nephews, as specified in the will, and since this condition has not occurred and cannot now occur, the appeal fails and the charities do not take the disputed share.

Parties
Appellant: Foley; Respondent: O'Loughlin & Others
Jurisdiction
Australia
Judgment Date
14 December 1937
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Construction of Wills, Charitable Gifts, Residuary Estates
Wills and Estates Construction of Wills Charitable Gifts Residuary Estates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Foley

Appellant

O'Loughlin & Others

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether, upon the true construction of the testator's will and the events that transpired, the share of the residuary estate in which nephew Martin had a life interest passed to the charities mentioned in the 'seventhly' provision of the will.

Ratio Decidendi

The gift to charities contained in the 'seventhly' provision of the will only takes effect upon the failure of issue of both nephews, as specified in the will, and since this condition has not occurred and cannot now occur, the appeal fails and the charities do not take the disputed share.

Court Disposition

appeal dismissed

Orders

  • Costs of the appeal to be paid out of the estate