Harrison, Appellant; Kirk, Respondent

JurisdictionIreland
CourtLand Commission (Ireland)
Date10 November 1903

H. L.

Before Earl of Halsbury, L.C., Lords Davey, Shand, and Robertson

HARRISON,
APPELLANT;

KIRK,
RESPONDENT.

Ex relatione Mr. Whitaker. W. N., 21 Nov., 1903, p. 190.

Administration — Secured creditor — Proof against real estate — Application to prove against personal estate — Lapse of time — Funds in Court.

530 M. R. 1903. COCHRANE V. OGILBY. THE IRISH REPORTS. [1903. down in Ogle v. Morgan (1), which was followed in the two cases to which I have referred. It is, therefore, with regret that I feel compelled to decide against the plaintiff's claim, for I am not sure that I am not defeating a lawful intention of the testator, a man of great wealth. The present proceeding has, however, saved the estate the expense of an administration, so I think I may give the plaintiff her costs, though deciding against her claim. Solicitors for the plaintiff : Martin, Sing, French 81. Ingram. Solicitors for the defendants : B. H. Lane 4 Co. W. L. HARRISON, APPELLANT ; KIRK, RESPONDENT. Administration—Secured creditor—Proof against real estate—Application to prove against personal estate—Lapse of time—Funds in Court. APPEAL by Henry Harrison from the judgment of the Court of Appeal—[1903] 1 I. R. 1, sub nom. Beattie v. Cordner. The appellant appeared in person. .Haldane, S.C...

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