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 respect of the realty and its proceeds, with remainder interests for the four named cousins. In respect of personalty, the Defendant holds for life, with executory interests for the cousins if they survive him. The Will extends powers of the tenant for life but does not exempt from liability for deliberate dissipation of assets. Settled Land Acts and Trustee Acts cannot be wholly disregarded by Will.

Citation
[2000] 1 IR 33
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 Interpretation of residuary clause in Will
  2. 2 Extent 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 respect of the realty and its proceeds, with remainder interests for the four named cousins. In respect of personalty, the Defendant holds for life, with executory interests for the cousins if they survive him. The Will extends powers of the tenant for life but does not exempt from liability for deliberate dissipation of assets. Settled Land Acts and Trustee Acts cannot be wholly disregarded by Will.

Court Disposition

Declaratory judgment on construction of Will and interests of parties.

Orders

  • Defendant holds life estate in realty and proceeds; remainder interests to four named cousins.
  • Personalty vested in Defendant for life; executory interests to cousins if they survive Defendant.