McGinley v Gallagher

• Jurisdiction: Ireland
• Judgment Date: 27 May 1929
• Date: 27 May 1929
• Court: High Court (Irish Free State)

M'Ginley

and

Gallagher

Administratrix carrying on business - Consent of next-of-kin -Election - Trade debts - Right of administratrix to indemnity - Right of creditors of intestate and of subsequent creditors of administratrix.

The business of a trader, who died intestate in 1902, was carried on for about two years after his death by his widow, to whom administration had been granted, and, on her re-marrying, it was carried on for a further period by her, with the assistance of her second husband, W. G. At the date of the death of the deceased all the children were minors. In the year 1917 an action was brought by three of the children, who were still minors suing by one of their number, who had attained age, as next friend, against the administratrix and W. G. to have the real and personal estate administered; to have the defendants account as bailiffs for the rents and profits of the lands and for the assets of deceased, to have the defendant, W. G., declared trustee for the plaintiffs and other next-of-kin of deceased of certain lands which the plaintiffs alleged had been purchased out of the proceeds of the sale of a farm owned by the deceased or out of the assets, and which had been conveyed to W. G.; and for a declaration that the said lands, together with the licence thereto attached, stock-in-trade, and book debts, were assets of the deceased, and for necessary accounts and inquiries. A settlement of the action was effected a consent was signed and embodied in the judgment, and matters of account were referred to arbitration...