Murphy v Butler & Ors (Approved) [2024] IEHC 48 (01 February 2024)

Murphy v Butler & Ors (Approved) [2024] IEHC 48 (01 February 2024)

Clause 2 of the deceased's will is ambiguous as to whether it devises all lands in the folio or only the Bealalaw lands; ambiguity persists after applying the Lowry principles and considering the scheme and material parts of the will. Therefore, extrinsic evidence of the deceased's intention is admissible under s....

Source-derived case information.

Citation
[2024] IEHC 48
Parties
Plaintiff: Peter Murphy; Defendant: Monica Butler (otherwise Monica Murphy); Defendant: Sean Roberts; Defendant: P. J. Roberts; Defendant: Martin Roberts; Defendant: Gretta Roberts; Defendant: Maurice Roberts
Jurisdiction
Ireland
Judgment Date
01 February 2024
Procedural Posture
Construction Suit (will Interpretation) / Modular Trial, Module 1 (admissibility of Extrinsic Evidence)
Outcome
Court finds ambiguity in clause 2; extrinsic evidence of intention will be admitted.
Legal Topics
Will Construction, Admissibility of Extrinsic Evidence, Ambiguity in Testamentary Documents, Proprietary Estoppel
Succession Law Probate Will Construction Admissibility of Extrinsic Evidence Ambiguity in Testamentary Documents Proprietary Estoppel

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Parties

Peter Murphy

Plaintiff

Monica Butler (otherwise Monica Murphy)

Defendant

Sean Roberts

Defendant

P. J. Roberts

Defendant

Martin Roberts

Defendant

Gretta Roberts

Defendant

Maurice Roberts

Defendant

Procedural Posture

Construction Suit (will Interpretation) / Modular Trial, Module 1 (admissibility of Extrinsic Evidence)

Legal Issues

  1. 1 Whether clause 2 of the deceased's will is ambiguous such that extrinsic evidence is admissible under s. 90 of the Succession Act, 1965
  2. 2 Whether the bequest to the plaintiff includes all lands in the folio or only the Bealalaw lands

Ratio Decidendi

Clause 2 of the deceased's will is ambiguous as to whether it devises all lands in the folio or only the Bealalaw lands; ambiguity persists after applying the Lowry principles and considering the scheme and material parts of the will. Therefore, extrinsic evidence of the deceased's intention is admissible under s. 90 of the Succession Act, 1965.

Court Disposition

Court finds ambiguity in clause 2; extrinsic evidence of intention will be admitted.

Orders

  • Extrinsic evidence of the deceased's intention to be received in module 2 of the trial.
  • No ruling yet on admissibility of specific evidence; evidence to be heard de bene esse.