Roberts v. Kenny [1998] IEHC 198; [2000] 1 IR 33 (10th March, 1998)

Roberts v. Kenny [1998] IEHC 198; [2000] 1 IR 33 (10th March, 1998)

The Will confers a life interest only on Francis Kenny in the realty, with remainder interests to four named cousins. In personalty, Kenny holds assets in his sole name, but remainder interests are executory and lapse if a cousin predeceases him. Settled Land Acts restrictions are removed as to investment, but not as to sale. Liability for deliberate dissipation remains; negligent misappropriation may be exempted by Will.

Citation
[1998] IEHC 198
Parties
Plaintiffs: Roberts and Others; Defendant: Kenny
Jurisdiction
Ireland
Procedural Posture
Special Summons / Judgment
Outcome
Declaratory judgment on construction of Will and interests of parties.
Legal Topics
Construction of Will, Life Estate, Remainder Interest, Settled Land Acts, Trustee Acts, Tax Avoidance
Succession Law Trusts and Estates Construction of Will Life Estate Remainder Interest Settled Land Acts Trustee Acts Tax Avoidance

Case Brief

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Parties

Roberts and Others

Plaintiffs

Kenny

Defendant

Procedural Posture

Special Summons / Judgment

Legal Issues

  1. 1 Construction of ambiguous Will
  2. 2 Nature of Defendant's interest in estate
  3. 3 Applicability of Settled Land Acts and Trustee Acts

Ratio Decidendi

The Will confers a life interest only on Francis Kenny in the realty, with remainder interests to four named cousins. In personalty, Kenny holds assets in his sole name, but remainder interests are executory and lapse if a cousin predeceases him. Settled Land Acts restrictions are removed as to investment, but not as to sale. Liability for deliberate dissipation remains; negligent misappropriation may be exempted by Will.

Court Disposition

Declaratory judgment on construction of Will and interests of parties.

Orders

  • Defendant holds life interest in realty; proceeds held by Trustees for Defendant for life under Settled Land Acts.
  • Personalty vested in Defendant's sole name; remainder interests executory, lapse if beneficiary predeceases Defendant.