Corrigan -v- Corrigan & Anor [2007] IEHC 367 (02 November 2007)

Corrigan -v- Corrigan & Anor [2007] IEHC 367 (02 November 2007)

Clause 1 of the will creates a determinable fee simple, but the determining event is void for uncertainty and the bequest was made upon a mistake of fact; therefore, the entire limitation and bequest fails and the subject matter falls into the residuary estate.

Source-derived case information.

Citation
[2007] IEHC 367
Parties
Plaintiff: Eamon Corrigan; Defendant: Sean Corrigan; Defendant: Eoin (otherwise Owen) Corrigan
Jurisdiction
Ireland
Judgment Date
02 November 2007
Procedural Posture
Special Summons / Judgment
Outcome
Bequest fails; subject matter falls into residuary estate.
Legal Topics
Construction of Wills, Mistake of Fact, Conditional Bequest, Determinable Fee Simple, Residuary Estate
Succession Law Property Law Construction of Wills Mistake of Fact Conditional Bequest Determinable Fee Simple Residuary Estate

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Parties

Eamon Corrigan

Plaintiff

Sean Corrigan

Defendant

Eoin (otherwise Owen) Corrigan

Defendant

Procedural Posture

Special Summons / Judgment

Legal Issues

  1. 1 Interpretation of clause 1 of the will
  2. 2 Effect of mistake of fact in bequest
  3. 3 Nature of condition in bequest

Ratio Decidendi

Clause 1 of the will creates a determinable fee simple, but the determining event is void for uncertainty and the bequest was made upon a mistake of fact; therefore, the entire limitation and bequest fails and the subject matter falls into the residuary estate.

Court Disposition

Bequest fails; subject matter falls into residuary estate.

Orders

  • Bequest of lands in Folio 13658 County Westmeath is not subject to a condition.
  • Bequest is a determinable fee simple.