Murphy v Butler [Otherwise Murphy] & Ors (Approved) [2025] IEHC 636 (14 November 2025)

Murphy v Butler [Otherwise Murphy] & Ors (Approved) [2025] IEHC 636 (14 November 2025)

The admissible extrinsic evidence, particularly the solicitor's memorandum and testimony, establishes on the balance of probabilities that the deceased intended to devise all lands comprised in the folio to the plaintiff. The ambiguity in clause 2 is resolved in favour of the plaintiff's interpretation, supported by the armchair evidence of the farm's unitary character.

Citation
[2025] IEHC 636
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
14 November 2025
Procedural Posture
Construction Suit (probate) / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Will Construction, Extrinsic Evidence, Armchair Principle, Testamentary Intention, Ambiguity in Wills
Probate Succession Property Will Construction Extrinsic Evidence Armchair Principle Testamentary Intention Ambiguity in Wills

Case Brief

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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 (probate) / Final Judgment

Legal Issues

  1. 1 Whether clause 2 of the Will bequeaths all lands comprised in the folio to the plaintiff or only the Bealalaw lands
  2. 2 Admissibility of extrinsic evidence under section 90 of the Succession Act 1965
  3. 3 Application of the armchair principle in will construction

Ratio Decidendi

The admissible extrinsic evidence, particularly the solicitor's memorandum and testimony, establishes on the balance of probabilities that the deceased intended to devise all lands comprised in the folio to the plaintiff. The ambiguity in clause 2 is resolved in favour of the plaintiff's interpretation, supported by the armchair evidence of the farm's unitary character.

Court Disposition

Judgment for plaintiff

Orders

  • Clause 2 of the Will construed to bequeath all lands comprised in folio CW11156 to Peter Murphy
  • Residue to be divided among residuary legatees as per Will