Goodwin & Ors v Murphy (Approved) [2023] IEHC 383 (03 July 2023)

Goodwin & Ors v Murphy (Approved) [2023] IEHC 383 (03 July 2023)

The will is not void for uncertainty; 'any moneys' in clause 14 refers to the credit union balance after funeral expenses; clause 14 is not a residuary clause; the residue passes to Ms. Fiona Murphy under clause 9, with clause 10 only operative if Ms. Murphy predeceased the testator, which did not occur; no partial or total intestacy arises.

Citation
[2023] IEHC 383
Parties
Plaintiff: Adrienne Goodwin; Plaintiff: Patricia Kennedy; Plaintiff: Martin Kennedy; Defendant: Brendan Mary Murphy
Jurisdiction
Ireland
Judgment Date
03 July 2023
Procedural Posture
Special Summons for Construction of Will / Final Judgment
Outcome
Will construed; estate to be distributed per judgment; no intestacy.
Legal Topics
Will Construction, Intestacy, Residuary Bequest, Extrinsic Evidence, Public Policy
Succession Law Probate Will Construction Intestacy Residuary Bequest Extrinsic Evidence Public Policy

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Parties

Adrienne Goodwin

Plaintiff

Patricia Kennedy

Plaintiff

Martin Kennedy

Plaintiff

Brendan Mary Murphy

Defendant

Procedural Posture

Special Summons for Construction of Will / Final Judgment

Legal Issues

  1. 1 Is the will void for uncertainty?
  2. 2 How should 'any moneys' in clause 14 be interpreted?
  3. 3 Are clauses 9 and 10 contradictory regarding the residuary gift?

Ratio Decidendi

The will is not void for uncertainty; 'any moneys' in clause 14 refers to the credit union balance after funeral expenses; clause 14 is not a residuary clause; the residue passes to Ms. Fiona Murphy under clause 9, with clause 10 only operative if Ms. Murphy predeceased the testator, which did not occur; no partial or total intestacy arises.

Court Disposition

Will construed; estate to be distributed per judgment; no intestacy.

Orders

  • Any moneys in credit union after funeral expenses to be divided among clause 14 beneficiaries.
  • Residue of estate passes to Ms. Fiona Murphy under clause 9.