Lynch v Verdon

• Jurisdiction: Ireland
• Judgment Date: 26 May 1877
• Date: 26 May 1877
• Court: Chancery Division (Ireland)

V. C. Cham.

LYNCH

and

VERDON.

Vanrenen v. Piffard 13 W. R. 425.

Summons — Administration — Plaintiff and Defendant co-executors — Legatee — Jurisdiction.

428 THE IRISH REPORTS. V. C. Court. of director. Of course this point was not argued at Chambers, as 1877. it could only be decided by the Court. Solicitor for Sir Patrick O'Brien : Mr. Alexander Morphy. Solicitors for the Official Liquidators : Messrs. D. 8f T. Fitz gerald. V. C. Cham. LYNCH v. VERDON. 1877. Summons-Administration-Plaintiff and Defendant co-executors-Legatee May 26. Jurisdiction. The Court has jurisdiction, upon summons, to make an order at the suit of one executor against another for the administration of the real and personal estate of a testator, where the Plaintiff is, under the will, also beneficially inÂÂterested in the real and personal estate. Semble-The order will only be made, in such a case upon an undertaking by the Plaintiff to account for the assets come to his hands. SUMMONS for the administration Of the real and personal estate of Dominick Lynch, who, by his will, bequeathed certain leaseÂÂhold property to the Plaintiff, and devised the rest of his real and personal property to the Plaintiff and the Defendant upon certain trusts, under which the Plaintiff was beneficially interested, and appointed the Plaintiff and Defendant executors. The Plaintiff stated that the Defendant had acted almost exclusively in the trusts of the will, and that he had received large sums of moneys of the testator, for which he had failed to account. Mr. Bynd, for the Plaintiff.-Although the Plaintiff is an exeÂÂcutor and devisee in trust, he is also a legatee, and is beneficially interested in the proceeds of the real estate, and therefore the case comes within sections 151 and 153 of the Chancery (Ireland) Act, 1867. [The VICE-CHANCELLOR.-Section 151 seems to conÂÂtemplate that the executors should be defendants, and I am not sure that I have jurisdiction to make the oxder upon summons where the Plaintiff combines the character of executor and legatee.] Mr. Rynd cited Vanrenen v. Piffard (1). Mr. William Smith, for the Defendant. (1) 13 W. R. 425. Vot. XI.] EQUITY SERIES. THE VICE-CHANCELLOR : I think that on the authority of the case of TTanrenen v. Piffard I am at liberty to make an order for the administration of the real and personal estate of the testator, notwithstanding the fact that the Plaintiff combines with his character of legatee that of executor and...