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His brother Brendan Murphy was named as executor of his estate and was the defendant in the action brought by three named beneficiaries: Adrienne Goodwin, Patricia Kennedy and Martin Kennedy, who contended that the will was hopelessly confusing, contradictory and void in whole or in part for uncertainty, the judge said.
A clause in the will stated that any beneficiary who contests the will in any court shall not then be entitled to any benefits under it, is likely void as being contrary to public policy, said Ms Justice Stack. However, she added, there appears to be nothing available for distribution to the plaintiffs, so this question does not need to be determined.
Ms Murphy claimed the deceased was fond of her daughter’s horse and wanted it to have use of the lands. He also wanted to ensure the land would remain in the Murphy family name, she said. Dealing with the plaintiffs’ application, Ms Justice Stack said no ambiguity arose from certain blank spaces and the use of the plural possessive pronoun “their” where only one beneficiary was named.
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Source: IrishTimes - 🏆 3. / 98 Read more »
Source: IrishTimes - 🏆 3. / 98 Read more »