In the Goods of Dame Carroll, Deceased

• Jurisdiction: Ireland
• Judgment Date: 01 May 1893
• Date: 01 May 1893
• Court: Court of Probate (Ireland)

Probate.

IN THE GOODS OF DAME CARROLL, DECEASED.

IgnatiusUNK 19 L. R. Ir. 235.

Practice Creditor Grant of administration limited to part of assets Special circumstances 1857, sect. 78 Order LXXIX., Rule 29, of Rules of 1891.

388 LAW REPORTS (IRELAND). [1.. R. 1. Probate. issue to recall the letters of administration which have been 1893. granted. In re WErin. Solicitors for the applicants : Wright c Sons. R. W. L. Probate. IN THE GOODS OF DAME CARROLL, DECEASED. 1893. Practice-Creditor-Grant of administration limited to part of assets-Special circumstances-Probate (Ireland) Act, 1857, sect. 78-Order LXXIX., Rule 29, of Rules of 1891. The practice of the Court of Probate is to refuse to make a grant to a creditor of administration limited to part of the estate of the deceased. Where an administrator is necessary for the purpose of proceedings in the Landed Estates Court, the proper procedure is to obtain administration limited to substantiate the proceedings. APPLICATION, ex parte, on behalf of Jane Nolan, an assignee of a mortgage debt affecting certain chattels real belonging to the deceased, for administration limited to these chattels real. The deceased left a husband and three children surviving. Her husÂÂband had subsequently died, and probate to his will had been taken out by his executors, but they had renounced administration of the goods of the deceased. Two of the children were alive, and under no incapacity to take out administration. Certain proÂÂceedings were pending in the Landed Estates Court affecting these chattels real, and for the purpose of these proceedings it became necessary to obtain administration to the deceased Dame Margaret' Carroll. Ignatius O'Brien, in support of the application, cited In re Coklough (1). THE PRESIDENT : This was an application ex parte for administration. The title of Jane Nolan, the applicant, is as a creditor-the (1) 19 L. R. Ir. 235. assignee of a mortgage debt affecting, as I collect (although the Probate. fact is not stated in the affidavit), certain chattels real in Dublin. 1893. The applicant has moved the Court for a grant limited to these rIn re RIIOLL. chattels real, to be made to her under the special jurisdiction given to the Court by the 78th section of the Probate Act. If it were necessary to resort to the special jurisdiction, I should not think that special circumstances were shown within the meaning of this section. The deceased left a husband, Sir W. Carroll, and three chilÂÂdren...