McAlea (Deceased); Mallon v McAlea

• Jurisdiction: Ireland
• Judgment Date: 01 January 1923
• Date: 01 January 1923
• Docket Number: (1921. No. 7.)
• Court: Court of Appeal (Irish Free State)

Mallon v. M'Alea

In the MATTER of the ESTATE of JAMES M'ALEA. Between MARY MALLON, Plaintiff, and TERESA M'ALEA, EDWARD GILMARTIN, and HUGH MURRAY, Defendants. Revived and Continued in the Names of ELIZABETH MURRAY, ROSE ANN M'ERLEAN, and MARTHA TERESA MULHOLLAND,Plaintiffs, and TERESA M'ALEA, EDWARD GILMARTIN,and HUGH MURRAY, Defendants (1)

(1921. No. 7.)

Appeal. (N. I.)

Statutes of Limitation. - Possession as administratrix - Widow and infant children remaining in possession - Action by child who had come of age and obtained a grant of administration de bonis non.

J. M'A., who was possessed of a licensed public-house and a farm of land, died intestate on 18th January, 1892. He left him surviving his widow and several daughters. The widow obtained a grant of letters of administration to his estate on 23rd March, 1892, and continued to trade and to work the farm until her death on 13th April, 1921. Four of the children remained on in possession with their mother. Two months after the death of the widow a daughter Mary, who had married and left the farm in her father's lifetime, took out a de bonis non grant to her father's estate, and instituted the present action for administration of his estate. Mary died before the action could be tried. By her will Mary left all her property to her two daughters, and appointed them her executrices. Both these daughters were made plaintiffs by revivor. E., another daughter of J. M'A., the deceased, extracted a further grant of administration de bonis non to the estate of her father, and she was also made plaintiff by revivor. The defendants were the executors of the widow and T., a daughter of J. M'A., who was a minor when J. M'A. died, but had attained age and had continuously remained in occupation of the farm, and to whom her mother had bequeathed all her property, subject to a legacy of £60 to another daughter R.

Held, that the possession of the widow should be attributed to her character as administratrix, and that although she had entered into possession on behalf of herself and all the next-of-kin, she was entitled to the benefit of the Law of Property Amendment Act, 1860 (23 & 24 Vict. c. 38), sect. 13, and that the action had rightly been dismissed by Wilson J.

Action to have the real and personal estate of James M'Alea administered, and for the usual accounts and inquiries.

James M'Alea died intestate on 18th January, 1892. At the time of his death he was possessed of certain leasehold premises situate at Ballynahinch, Co. Down, together with the spirit licence attached, and also certain lands and personal property. On 23rd March, 1892, Martha M'Alea, his widow, obtained letters of administration to her deceased husband, and continued to trade in the licensed premises and to work the farm until her death on 13th April, 1921. In addition to the widow, four children, Teresa M'Alea, Martha M'Alea, Rose Ann M'Erlean, and Margaret M'Alea, remained on in possession. Mary Mallon (otherwise M'Alea), one of the deceased's daughters, had married and left the farm previous to her father's death. Elizabeth Murray, another daughter, had also married and left the premises. Margaret, who was of age on her father's death, continued to live in the premises until her death in 1915. Martha and Rose Ann, who

were minors at the time of their father's...