H v O

JurisdictionIreland
Judgment Date01 January 1980
Date01 January 1980
Docket Number[1974 No. 4040 P.]
CourtSupreme Court
(S.C.)
H
and
O

Lands - Legal right - Powers of personal representative - Widow of testator seeking particular division of lands -Executor not bound to exercise general powers at demand of beneficiary - Partition Act, 1868 (31 32 Vict. c. 40), s. 4 - Succession Act, 1965 (No. 27), s. 55.

The plaintiff, the widow of a testator, elected to claim her statutory share of his estate (which included agricultural land) instead of accepting the dispositions in her favour contained in the will of the testator. As the plaintiff resided in a dwelling on the land, she requested the executor of the will pursuant to the special provisions of s. 56 of the Succession Act, 1965, to exercise his powers of appropriation so as to divide the land in a particular manner and to convey to her a part of the land containing the dwelling. The request could not be granted without an order of the court, which the plaintiff tried but failed to obtain. The plaintiff then commenced this action in the High Court and claimed the same division and conveyance by the executor in exercise of his general powers of appropriation under s. 55 of the Act of 1965. The second and third defendants, who were entitled to a moiety of the estate, resisted the plaintiff's claim and sought a sale of the lands and the distribution of the proceeds of sale to the persons entitled thereto. Held by McWilliam, J. that the provisions of s. 55 of the Act of 1965 empowered the personal representative of the testator's estate to divide the lands in the manner suggested by the plaintiff and to convey to her, in satisfaction pro tanto of her claims to the estate, the part of the lands desired by her; and that the personal representative would beordered to convey to the plaintiff such part accordingly. On appeal by the second and third defendants it was Held by the Supreme Court...

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3 cases
  • Trinity College Dublin v Kenny
    • Ireland
    • Supreme Court
    • 21 December 2020
    ...the relevant circumstances” including those set out in s. 4(2) of that Act. 36 That was also the view of McWilliam J. in C.H. v D.G.O'D. [1978] 1 IR 194, where he considered that while a temporary depreciation in value was not in itself a good reason to refuse sale, it might be sufficient i......
  • Strong (plaintiff) v Holmes, Holmes and Holmes
    • Ireland
    • High Court
    • 12 March 2010
    ...SHERRIN & ORS WILLIAMS ON WILLS 9ED 2007 PARA 29.11 COLLINS (DECEASED), IN RE; ROBINSON v COLLINS 1975 1 WLR 309 1975 1 AER 321 H v O 1978 IR 194 URQUHART (DECEASED), IN RE; REVENUE CMRS v ALLIED IRISH BANKS LTD 1974 IR 197 SUCCESSION ACT 1965 S46(6) SUCCESSION ACT 1965 S112 SUCCESSION ACT ......
  • Messitt v Henry
    • Ireland
    • High Court
    • 13 July 2001
    ...S55(1) SUCCESSION ACT 1965 S55(10) SUCCESSION ACT 1965 S55(18) SUCCESSION ACT 1965 S56(3) HICKEY V ROCHES STORES LTD 1980 ILRM 107 H V O 1978 IR 194 SUCCESSION ACT 1965 S10(3) BEVERLY, RE: WATSON V WATSON 1901 1 CH 681 Synopsis Succession Succession; appropriation; deceased had died intes......

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