Cullen v Cullen

• Jurisdiction: Ireland
• Judgment Date: 10 July 1962
• Date: 10 July 1962
• Docket Number: (1960/74 P.)
• Court: High Court

(H.C.)

Cullen

and

Cullen

Family dispute - Father's action for injunction to restrain trespass by sons - Discretion - Father's purported informal transfer of lands to mother - Residence built on the lands by son at mother's invitation andwith father's permission - Father's attempt to exclude son from lands and house - Father estopped by conduct from denying son's title to site of house.

The plaintiff had built up a successful business at Enniscorthy and Adamstown, Co. Wexford. He lived with his family in his premises at Adamstown where he carried on the business of a licensed grocer and merchant. There was also a small farm attached to the business. The eldest son, S., left school in 1945 and joined his father in the business, and the second son, M., did likewise in 1946. A younger son, P., worked in the business from 1954. From about 1945 onwards a series of family quarrels commenced between the father on one side and the mother and sons on the other. In 1952 the plaintiff first accused his wife and children of robbing him. In 1954 S. left the house and set up in business on his own. In the same year M., who had previously left the house after a quarrel, returned at the request of his father to take over the complete running of the business, save that the plaintiff reserved the right to sign cheques drawn in connection therewith. About 1956 the plaintiff began making difficulties about signing cheques and ultimately it was agreed that M. would hand over the management to his father in January, 1958. M. then received £3,500 from his father and bought himself a farm; he continued to reside in the family home. The plaintiff became erratic in some of his business affairs and in 1959 his wife caused him to be examined by doctors, including a mental specialist, who diagnosed a paranoid illness. An attempt was made to remove the plaintiff to a mental hospital but he escaped to Dublin. When in Dublin the plaintiff sent word to his wife by messenger that he was transferring the property at Adamstown to her, and that she should carry on the business in her own name. In return for this he required a signed statement from his wife and sons that he was sane and the withdrawal of any order of arrest which might have been made in connection with the attempt to commit him to a mental hospital. Early in 1959 the plaintiff's wife won a portable house in a competition. She gave this house to her son, M.He offered it to his father who refused it. M.began to prepare a...