Gilbert Dire
Agent: Duff & Co Solicitors
Querist: Mr. Gilbert Dire
Re: Michael James O’ Rourkes Will
Opinion
Facts:
On the 10th of March 1997 Michael James O’ Rourke of Big Acre Farm, Ballymona, County Clare made a last will and testament and appointed Querist and Peter Sean O’ Rourke of 22 Station Road, Ballymona, County Clare to be the executors and trustees of his will and trustees for the purposes of Settle Land Acts 1882 to 1890, Conveyancing Acts 1881 and 1911, and Section 57 of the Succession Act 1965.
Michael James O’ Rourke gave and devised to his nephew Peter Sean O’ Rourke the dwelling house, outbuildings and freehold land totalling 346 acres or thereabouts known as Big Acre Farm, Ballymona in the County of Clare together with all farm machinery and stock and all quotas registered in Michael James O’ Rourke’s name at the time of his death.
Michael James O’ Rourke gave the residue of his estate to his Trustees upon trust to sell the same (with power to postpone such sale in whole or in part for such time or times as they think fit) and to hold same or the proceeds of sale thereof on the following trusts: 1) To the said Peter Sean O’ Rourke for his lifetime; 2) Thereafter to such children of Peter Sean O’ Rourke who shall survive him and attain the age of 18 years and, if more than one, in equal shares absolutely but if any child of his dies before the said Peter Sean O’Rourke or before obtaining a vested interest leaving a child or children than such shall upon reaching the age of 18 years take per stirpes the share his or her parent would otherwise have taken, and if more than one, in equal shares absolutely.
In addition to the statutory powers which the above named Trustees may have, they shall have the power to invest and change investments freely as if they were absolute owners beneficially entitled and to invest in unsecured interest free loans or other non – income producing assets including property for occupation or use by any
Querist: Mr. Gilbert Dire
Re: Michael James O’ Rourkes Will
Opinion
Facts:
On the 10th of March 1997 Michael James O’ Rourke of Big Acre Farm, Ballymona, County Clare made a last will and testament and appointed Querist and Peter Sean O’ Rourke of 22 Station Road, Ballymona, County Clare to be the executors and trustees of his will and trustees for the purposes of Settle Land Acts 1882 to 1890, Conveyancing Acts 1881 and 1911, and Section 57 of the Succession Act 1965.
Michael James O’ Rourke gave and devised to his nephew Peter Sean O’ Rourke the dwelling house, outbuildings and freehold land totalling 346 acres or thereabouts known as Big Acre Farm, Ballymona in the County of Clare together with all farm machinery and stock and all quotas registered in Michael James O’ Rourke’s name at the time of his death.
Michael James O’ Rourke gave the residue of his estate to his Trustees upon trust to sell the same (with power to postpone such sale in whole or in part for such time or times as they think fit) and to hold same or the proceeds of sale thereof on the following trusts: 1) To the said Peter Sean O’ Rourke for his lifetime; 2) Thereafter to such children of Peter Sean O’ Rourke who shall survive him and attain the age of 18 years and, if more than one, in equal shares absolutely but if any child of his dies before the said Peter Sean O’Rourke or before obtaining a vested interest leaving a child or children than such shall upon reaching the age of 18 years take per stirpes the share his or her parent would otherwise have taken, and if more than one, in equal shares absolutely.
In addition to the statutory powers which the above named Trustees may have, they shall have the power to invest and change investments freely as if they were absolute owners beneficially entitled and to invest in unsecured interest free loans or other non – income producing assets including property for occupation or use by any