Munster and Leinster Bank v Murphy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1942
• Date: 01 January 1942
• Court: High Court

Munster and Leinster Bank

and

Murphy

Limited administration granted to manager of plaintiff bank -Administrator subsequently sued for administration order by bank - Whether action properly constituted.

Letters of administration with the will annexed of the personal estate of J. C.,deceased, limited for the use and benefit of a Bank, were granted to J. R. M. one of the Bank's managers and the nominee of the Bank. The Bank subsequently brought an action for the administration of the estate of the said J. C., deceased, against the said J. R. M. The question then arose as to the proper constitution of the action Held that the action was not brought by the Bank against itself, but against the minister appointed by the Court and entrusted by the Court with the interests of all concerned in the estate, notwithstanding the limited form in which...