H v O

• Jurisdiction: Ireland
• Judgment Date: 01 January 1980
• Date: 01 January 1980
• Docket Number: [1974 No. 4040 P.]
• Court: Supreme 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...