Maher v Maher

JurisdictionIreland
Judgment Date01 January 1987
Date01 January 1987
CourtHigh Court
(H.C.)
Maher
and
Maher

Next-of-kin of deceased owner remaining in possession - Whether interest of other next-of-kin defeated by adverse possession - Whether shares of those excluded from possession acquired as joint tenants or as tenants in common - Administration of Estates Act, 1959 (No. 8), ss. 13, 22 - Succession Act, 1965, (No.27), s. 125(1).

  1. M.M. was the registered owner of the lands comprised in three folios of the Register, County Kilkenny. Her husband, who may have been the actual owner of these lands, died on 11 June, 1913, his wife M.M. and six children (namely J.M., Ph.M., A.M., P.M., E.M., and the plaintiff) surviving him. M.M., J.M., P.M., and A.M., left the lands sometime prior to 1940 leaving Ph. M., K.M., and the plaintiff in occupation of the lands. M.M. died testate in 1961 having made a will purporting to leave her interest in the lands to her son Ph.M. Ph.M. died on 29 April, 1983, having made a will purporting to leave his interest in the lands to the defendant, the sole executor named therein. K.M. died intestate in 1986. Held The interest which M.M. had in these lands, and any interest which J.M., P.M., and A.M. might have had in these lands was barred by the adverse possession of Ph.M., K.M., and the plaintiff over the long period of years from c. 1935 on. Ph.M., K.M., and the plaintiff acquired the shares of M.M., J.M., P.M., and A.M. in these lands as...

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4 cases
  • Gleeson v Feehan
    • Ireland
    • Supreme Court
    • 1 January 1997
    ...V LIVINGSTON 1965 AC 694 MORTESHED V MORTESHED 1902 36 ILTR 142 CHRISTIE, IN RE 1917 1 IR 17 SMITH V SAVAGE 1906 1 IR 469 MAHER V MAHER 1987 ILRM 582 KAVANAGH V BEST 1971 NI 89 ADMINISTRATION OF ESTATES ACT 1955 S2(3) (NI) LOCAL REGISTRATION OF TITLE (IRL) ACT 1891 PART IV LOCAL REGISTRA......
  • Jacqueline Chance Claimant v Jane Sutherland Stafford Baptiste Lydia Baptiste Defendants [ECSC]
    • St Vincent
    • High Court (Saint Vincent)
    • 28 July 2011
    ...Isaac Browne died without severing the joint company. Learned Counsel referred the Court to the case ofAsher v Whitlock [1865] LR QB p.1; Maher v Maher [1987] 1LRM p582 and Halsbury Laws of England 4th ed. Vol 28 para 988 where the Learned Authors stated: "While a person who is in possessio......
  • Re Faulkner
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • Invalid date
  • June Elizabeth Brown and Elizabeth Brown v Sir James Dennis Compton Faulkner
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 7 February 2003
    ...to complete a possessory title in his own right. It is clear from such cases as Asher v Whitlock (1865) LR 1 QB 1 and Maher v Maher [1987] ILRM 582 that when several persons have run a title by adverse possession as joint tenants the survivors take the interest of any who die without severi......

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