Guion v Heffernan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1929
• Date: 01 January 1929
• Court: High Court (Irish Free State)

Guion v. Heffernan

SARAH GUION

Plaintiff

and

MICHAEL HEFFERNANand Others

Defendants.

Practice - Security for costs - Summons to revoke probate - Plaintiff ordinarily resident outside the jurisdiction - Delay in bringing proceedings - Discretion of the Court - Rules of the Supreme Court (Ir.),1905, Or. XXIX, r. 4 - Rules of the High Court and Supreme Court,1926, Or. XII, r. 1.

E.H. died on the 24th September, 1925, and on the 14th December, 1925, probate of her will was granted in common form to the defendants, who were the executors named in the will. On the 3rd August, 1928, the plaintiff issued an Originating Summons alleging that the was the sole next-of-kin of E.H., and claiming revocation of the probate of the will, and applying for letters of administration of the personal estate of E.H. as upon an intestacy. The plaintiff had been residing in the Irish Free State since 1926, but such residence was only temporary, as she ordinarily resided with her husband in America, where her husband had considerable property. On an application that the plaintiff should give security for costs:

Held that the application be granted, as there had been unreasonable delay in bringing the proceedings, and it appeared from the evidence that the plaintiff had no property in the Irish Free State which might be made available for the payment of costs should an order for costs be made against her, and further, that the case was not one where an order to give security for costs would amount to a denial of justice, as the plaintiff had ample means.

Motion on behalf of the defendants for an order for security for costs.

The facts of the case are set forth in the judgment of O'Byrne J.

O'Byrne J. :—

This is an application that the plaintiff should give security for costs in this action.

The action in question is concerned with the will of Ellen Harney, deceased. The said Ellen Harney made her will on the 9th September, 1925, and also executed two codicils, dated respectively the 16th day of September, 1925, and the 19th day of September, 1925. She died on the 24th September, 1925. On the 14th day of December, 1925, probate was granted in common form to the defendants, the executors named in the said will.

The plaintiff in this action claims to be the sole next-of-kin of the deceased. Shortly after the will was proved in common form she appears to have instructed a solicitor in the County of Tipperary to make certain inquiries as to the circumstances in which...