Mullen Junior -v- Mullen [2016] IECA 107 (14 April 2016)

Mullen Junior -v- Mullen [2016] IECA 107 (14 April 2016)

The testatrix's intention was to bequeath a small plot of land of not more than half an acre to her grandson for the purpose of making up the site of his proposed new house, including adjacent amenity land such as a garden, subject to the plaintiff's subjective requirement. The plaintiff established he subjectively required the plot for use as a garden.

Citation
[2016] IECA 107
Parties
Respondent/plaintiff: James Mullen Junior; Appellant/defendant: James Mullen
Jurisdiction
Ireland
Judgment Date
14 April 2016
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with variation
Legal Topics
Construction of Wills, Conditional Bequest, Testator's Intention
Succession Law Wills and Probate Construction of Wills Conditional Bequest Testator's Intention

Case Brief

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Parties

James Mullen Junior

Respondent/plaintiff

James Mullen

Appellant/defendant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Proper construction of conditional bequest in will
  2. 2 Interpretation of 'require' in context of bequest
  3. 3 Scope of 'site' for proposed new house

Ratio Decidendi

The testatrix's intention was to bequeath a small plot of land of not more than half an acre to her grandson for the purpose of making up the site of his proposed new house, including adjacent amenity land such as a garden, subject to the plaintiff's subjective requirement. The plaintiff established he subjectively required the plot for use as a garden.

Court Disposition

appeal dismissed with variation

Orders

  • Order dismissing the appeal except for variation in the declaration of the High Court Order of 15th October, 2014, to specify entitlement to the plot of land not exceeding half an acre identified on the map annexed and outlined in red.