Gregory & anor -v- McCarthy [2015] IEHC 311 (17 April 2015)

Gregory & anor -v- McCarthy [2015] IEHC 311 (17 April 2015)

The bequest of €25,000 to 'any additional issue born to my said son Leonard McCarthy after the date of this will' includes Megan McCarthy, who was conceived before but born after the testator's death, as the term 'issue' encompasses children conceived but not yet born at the date of death. The bequest is not a class gift but a series of individual bequests to identified individuals, namely Callum, Cian, and Megan McCarthy. The bequest does not fail for uncertainty, and no other children or descendants of Leonard McCarthy are entitled under this provision.

Citation
[2015] IEHC 311
Parties
Plaintiff: William Gregory; Plaintiff: Myles Maguire; Defendant: Leonard McCarthy
Jurisdiction
Ireland
Judgment Date
17 April 2015
Procedural Posture
Probate/special Summons / Judgment After Hearing on Construction of Will
Outcome
Bequest to be distributed to Callum, Cian, and Megan McCarthy only; no other children or descendants of Leonard McCarthy qualify under the relevant provision.
Legal Topics
Construction of Wills, Class Gifts, Bequest to Issue, Interpretation of 'issue' in Wills, Beneficiaries Ascertainment
Probate Succession Law Construction of Wills Class Gifts Bequest to Issue Interpretation of 'issue' in Wills Beneficiaries Ascertainment

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Parties

William Gregory

Plaintiff

Myles Maguire

Plaintiff

Leonard McCarthy

Defendant

Procedural Posture

Probate/special Summons / Judgment After Hearing on Construction of Will

Legal Issues

  1. 1 Whether Megan McCarthy, conceived before but born after the testator's death, qualifies as 'issue' under the will
  2. 2 Whether 'issue' in the will includes only children or extends to grandchildren and other descendants
  3. 3 Whether the bequest is a class gift or a series of individual bequests

Ratio Decidendi

The bequest of €25,000 to 'any additional issue born to my said son Leonard McCarthy after the date of this will' includes Megan McCarthy, who was conceived before but born after the testator's death, as the term 'issue' encompasses children conceived but not yet born at the date of death. The bequest is not a class gift but a series of individual bequests to identified individuals, namely Callum, Cian, and Megan McCarthy. The bequest does not fail for uncertainty, and no other children or descendants of Leonard McCarthy are entitled under this provision.

Court Disposition

Bequest to be distributed to Callum, Cian, and Megan McCarthy only; no other children or descendants of Leonard McCarthy qualify under the relevant provision.

Orders

  • Plaintiffs directed to distribute €25,000 each to Callum, Cian, and Megan McCarthy from the estate of the deceased.
  • No other children or lineal descendants of Leonard McCarthy are entitled to the bequest in question.