Hegarty, Deceased. Perry v Twomey

• Jurisdiction: Ireland
• Judgment Date: 18 December 1888
• Date: 18 December 1888
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

IN THE MATTER OF HEGARTY, DECEASED.

PERRY

and

TWOMEY.

Gillespie v. AlexanderENR 3 Russ. 130.

Lashley v. Hogg 11 Ves. 602.

Montefiore v. Browne 7 H. L. Cas. 241.

Noble v. StowENR 29 Beav. 129.

Clegg v. RowlandELR L. R. 3 Eq. 368.

Smith v. Armstrong 6 De G. M & G. 150.

Hosking v. Terry 8 Jur. (N. S.) 975.

Wilson v. Knox Unreported.

Practice — Chief Clerk's certificate — Re-opening — Money standing to separate credit.

VoL. XXIII.] CHANCERY DIVISION. IN THE MATTER OF HEGARTY, DECEASED. M. R. 1888. Dec. 18. Practice-Chief Clerk's certificate-Re-opening-Money standing to separate credit. Though the Chief Clerk's certificate has been signed, a final decree made, and an allocation order issued, the Court has power to re-open or review the certificate so long as the funds are still in Court. MOTION on behalf of Eliza and Mary Quinlan, that certain sums in Court, standing to separate credits, be not paid out with out notice to the applicants, and that, if necessary, the Chief Clerk's certificate be re-opened or reviewed. The action was brought by the executor of James Hegarty, who died in 1886, to administer his estate. James and Daniel Quinlan were brothers. James died a bachelor in 1873. Daniel died in 1877, leaving a son, John, who died in 1884, leaving two daughters, Eliza and Mary Quinlan, the applicants. Daniel also left a daughter, Mary, the wife of Thomas Murphy, and the mother of those who opposed the present application. It appeared from the evidence of Anne Quinlan, mother of the applicants, that James Quinlan, a few days before his death in 1873, deposited with James Hegarty a sum of £530 128., and she was present on the said occasion when he signed a paper which James Hegarty then read out. It purported to dispose of the sum of money so deposited in various ways, leaving a balance of £377 9s. 3d. to be divided amongst the eleven grandchildren of Daniel Quinlan-three children of the said John Quinlan, and eight children of the said Mary Murphy. If any child died, his or her share was to be subdivided amongst the survivors, and each child was to get his or her share at the age of twenty-one years. It was believed that James Quinlan had made a will to the like LAW REPORTS (IRELAND). [L. R I. effect, save with regard to a matter not material to the present report, but no evidence of its existence was forthcoming. In administering the assets of James Hegarty a claim was put in on behalf of the Murphys-"...