Harrison, Appellant; Kirk, Respondent

CourtLand Commission (Ireland)
Date10 November 1903

H. L.

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



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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