In the Goods of Hanlon

• Jurisdiction: Ireland
• Judgment Date: 01 January 1894
• Date: 01 January 1894
• Court: King's Bench Division (Ireland)

In the Goods of Hanlon.

Probate.

CASES

DETERMINED BY

THE CHANCERY AND PROBATE DIVISIONS

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE COURT OF BANKRUPTCY IN IRELAND,

AND ON APPEAL THEREPROM IN

THE COURT OF APPEAL.

1894.

Will — Executor — Refusal to take out probate — Intermeddling with assets of deceased — Acts referable to office of executor.

K., who was priest of the parish where a deceased testatrix lived, and another clergyman, were appointed executors. K. attended the deceased, as her clergyman, on her death-bed, and at the time, or shortly afterwards, was handed (as he stated, for safe-keeping) by W. a sister of deceased, a bank deposit receipt for a sum of money in the joint names of herself and the deceased. According to the evidence he did not before this know of his appointment as executor. He was also given by W. certain sums of money, assets of the deceased. He deducted therefrom a sum of money to pay for the funeral office celebrated by him, and in respect of a legacy or gift for masses, &c., contained in the will, which he stated W. directed him to keep for these purposes. After these deductions the assets received by K. were returned to W., and were by her distributed to the legatees in a meeting held for that purpose in the vestry of the chapel of which K. was the parish priest. K. and the other clergyman named as executor were present at the distribution of the assets in the vestry. K. refused to take out probate of the will of the deceased:—

Held, that K. had interfered with the assets of the testatrix in such a way that he could not repudiate the office of executor, and that he was bound to extract probate of the will.

Motion.

By her will, made shortly before her death, which occurred on 12th April, 1893, Mrs. Margaret Hanlon, after giving and bequeathing certain legacies and bequests, appointed the Rev. Mr. Knaresboro and the Rev. Mr. Ratchford her executors. Previous to her death Mrs. Hanlon was a parishioner of the Rev. Mr. Knaresboro, and he attended her at her residence when dying, for the purpose of performing the rites of the Church. On that occasion Mrs. Whelan, who was a sister of the deceased and a legatee under her will, handed to Mr. Knaresboro a bank deposit receipt for £100 in the joint names of herself and the deceased, and on the day of the funeral office Mrs. Whelan gave Mr. Knaresboro a £50 note in payment therefor, and then handed him four £50 notes. In his affidavit, filed in reference to this application, Mr. Knaresboro stated that the bank deposit receipt and the money were handed to him by Mrs. Whelan, in order that he might hold them, pending arrangements to be made by...