D. v D

JurisdictionIreland
CourtHigh Court
JudgeFinlay P.
Judgment Date31 July 1981
Neutral Citation1982 WJSC-HC 491
Judgment citation (vLex)[1981] 7 JIC 3104
Date31 July 1981
(H.C.)
D
and
D

Proceedings by widow and children against estate of deceased -Late application - Practice and procedure -Whether application in respect of children dependent on success of s. 117 application - Jurisdiction of the Court - Relevance of separation agreement - Succession Act, 1965 (No. 27), ss.117, 121, 127.

The deceased testator was survived by his widow and four children of the marriage and by the respondent, with whom he was living, and two children of their relationship. The deceased and his wife had entered into a separation agreement whereby he paid annual maintenance...

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vLex
11 cases
  • S1 v R (P)1 & R (P)2
    • Ireland
    • High Court
    • 23 August 2013
    ...ACT 1965 PART IX FAMILY LAW (DIVORCE) ACT 1996 S46(6) SUCCESSION ACT 1965 S3(1) SUCCESSION ACT 1965 PART IV D (M P) & ORS v D (M) 1981 ILRM 179 STATUTE OF LIMITATIONS 1957 S49 SUCCESSION ACT 1965 S117 LAW REFORM CMSN REPORT ON LAND LAW & CONVEYANCING LAW GENERAL PROPOSALS (LRC 30-1989) MART......
  • Save the South Leinster way and Tara Heavey v an Bord Pleanála, The Minister for Housing, Local Government and Heritage Ireland and The Attorney General
    • Ireland
    • Supreme Court
    • 5 December 2024
    ...he calls a ‘jurisdictional time limit’. Examples of the latter are applications under s. 117 of the Succession Act, 1965 (see MPD v MD [1981] ILRM 179) and the time limits for bringing a claim under the employment legislation. Cases where only the remedy is barred are treated as being ‘proc......
  • Q v Minister for Health & Children
    • Ireland
    • High Court
    • 28 March 2007
    ...SPIERIN SUCCESSION ACT 1965 & RELATED LEGISLATION: A COMMENTARY 3ED 2003 PARA 700 CC & CH F v WC & TC 1990 2 IR 143 D (MP) & ORS v D (M) 1981 ILRM 179 SUCCESSION ACT 1965 S117(3) KELLY v HENNESSY 1995 3 IR 253 WILKINSON v DOWNTON 1897 2 QB 57 MCMAHON & BINCHY IRISH LAW OF TORTS 3ED 2000 ......
  • X.C. v R.T. (Succession: Proper provision)
    • Ireland
    • High Court
    • 2 April 2003
    ...DEB (HE) 1991 2 IR 105 C (C) V C (W) 1990 2 IR 143 E (B) V S (S) 1988 2 ILRM 141 MCDONALD V NORRIS 1999 4 IR 301 D (MP) & ORS V D (M) 1981 ILRM 179 SUCCESSION ACT 1965 S60(8)(E) Synopsis: SUCCESSION Testator Moral duty - Testator - Application to claim share in testator's estate - Secti......
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