Lalor v Prunty

• Jurisdiction: Ireland
• Judgment Date: 30 June 1939
• Date: 30 June 1939
• Court: High Court

(H.C.),

Lalor

and

Prunty

- Procedure to be followed - Action of ejectment on the title against registered owner - No application to amend the register - Plaintiff entitled in equity to possession - Whether equitable title sufficient to support action for possession - Will - Construction -Divesting clause.

The owner of the tenant's interest in a farm of land died on the 20th March, 1905, having made his will on the 5th March 1905, the relevant portion of which was as follows:—"All the rest and residue of my property including my farm of land at Fardromin and stock and effects, I give and bequeath to my son Bernard. In the event of my son Bernard dying umadrried or without issue I direct the bequest and devise hereby left to Bernard shall go to my son Michael." Bernard was registered as owner of the lands on the 26th December 1926, and died on the 17th March, 1937, married, but without issue. The plaintiff, who represented the testator's son Michael under a power of attorney from his persona representative, brought ejectment proceedings against the defendant, Bernard's widow, who had been registered as full owner of the lands on the 4th August, 1937. Held: 1, that in the divesting clause in the...