Corrigan -v- Corrigan & anor [2016] IESC 56 (05 October 2016)

Corrigan -v- Corrigan & anor [2016] IESC 56 (05 October 2016)

Clause 1 of the will created a determinable fee, but the determining event was void for uncertainty, rendering the disposition ineffective and causing the lands to fall into the residuary estate.

Citation
[2016] IESC 56
Parties
Plaintiff/first Named Respondent/personal Representative: Eamonn Corrigan; First Named Defendant/appellant: Sean Corrigan; Second Named Defendant/second Named Respondent/residuary Legatee: Eoin (otherwise Owen) Corrigan
Jurisdiction
Ireland
Judgment Date
05 October 2016
Procedural Posture
Appeal (special Summons for Construction of Will) / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Construction of Wills, Determinable Fee, Void for Uncertainty, Residuary Estate, Extrinsic Evidence
Succession Law Property Law Construction of Wills Determinable Fee Void for Uncertainty Residuary Estate Extrinsic Evidence

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Eamonn Corrigan

Plaintiff/first Named Respondent/personal Representative

Sean Corrigan

First Named Defendant/appellant

Eoin (otherwise Owen) Corrigan

Second Named Defendant/second Named Respondent/residuary Legatee

Procedural Posture

Appeal (special Summons for Construction of Will) / Supreme Court Judgment

Legal Issues

  1. 1 Whether Clause 1 of the will created a determinable fee or a conditional fee
  2. 2 Whether the determining event in Clause 1 is void for uncertainty
  3. 3 Whether the lands fall into the residuary estate

Ratio Decidendi

Clause 1 of the will created a determinable fee, but the determining event was void for uncertainty, rendering the disposition ineffective and causing the lands to fall into the residuary estate.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Clause 1 created a determinable fee in relation to the lands registered on Folio 13658, County Westmeath
  • Declaration that the determining event is void for uncertainty