Cunningham v Cunningham

• Jurisdiction: Ireland
• Judgment Date: 30 January 1920
• Date: 30 January 1920
• Docket Number: (1919. No. 176.)
• Court: Chancery Division (Ireland)

(1919. No. 176.)

Cunningham v. Cunningham

CUNNINGHAM

and

CUNNINGHAM

Administration - Registered freehold land - Valuation under Intestates' Estates Act, 1890 (53 & 54 Vict. c. 29), ss. 2, 3, 5, 6 - Charge on real and personal estates in proportion to their values.

Originating Summons.

Joseph Cunningham, late of Brackenagh, in the County of Down, died on the 28th September, 1918, intestate, leaving a widow, but no children. He left several next-of-kin. Letters of administration were granted to his widow, the plaintiff in the summons. The property of the deceased consisted of pure personalty value £362 15s. 4d. Deceased was also entitled to a farm of land held on a tenancy from year to year, the poor law valuation of which was £5 2s. The value of the farm calculated for revenue purposes was nil. The farm was, since the intestate's death, sold for the sum of £550. The deceased was further entitled to two small farms of freehold registered land, the value of which, according to section 5 of the Intestates' Estates Act, 1890, amounted to £78 10s.

The widow brought the present summons for the opinion of the Court as to how the freehold lands were to be valued in the administration account, and as to how her share of the estate and the shares of the next-of-kin should be ascertained.

Under section 2 of the Intestates' Estates Act, 1890 (53 & 54 Vict c. 29), the widow of an intestate leaving no issue is entitled to a charge of £500 upon his real and personal estates, to be borne in proportion to the values of the real and personal estates ascertained as in the Act provided.

Held, that the proportion of the £500 charged on the real estate is raisable as a charge, and that the widow is not entitled under the Act to any portion of the real estate in specie.

Powell J. :— 30th Jan., 1920.

Mr. Wylie has contended that on the figures in this case the widow is entitled to ⁴⁵/₇₈ths of the realty in specie. Notwithstanding the ingenuity of his argument, I do not agree. The value of the personal estate is roughly £912. The value of the real estate, valued under sect. 5 of the Intestates' Estates Act, 1890, is £78. The widow is entitled (a) to £500 under sect. 2; (b) to a charge upon the real and personal estate, and that charge is to be borne and paid in proportion to the value of the real and personal estate respectively. The value of the personal estate is £362 15s. 4d., plus £550, the amount realized by the sale of the tenancy from year to...