Murland and Another v Despard and Another

• Jurisdiction: Ireland
• Judgment Date: 17 July 1956
• Date: 17 July 1956
• Docket Number: (1953. No. 349 P.)
• Court: High Court

Murland and Another

and

Despard and Another

No assignment of dower express or implied - Acquisition of title by widow to entire of freehold estate of deceased husband - Right of widow to acquire title to freehold registered lands of deceased husband -Practice - Costs - Rules of the High Court and Supreme Court, 1926, Or 28, r. 2.

1. W. R. P.died intestate in the year 1893 seised of certain freehold lands, situate at Cloughmoyle and Shinrone in the County of Offaly. He was survived by his widow, J. B. P., and left no issue. On his death, his widow went into possession of the entire of the freehold estate of her husband and remained in exclusive possession of his estate therein until she died on the 7th December, 1947. J. B. P. had been registered as full owner of the lands of Cloughmoyle on the Register of Freeholders for the County of Offaly in the year 1906. The plaintiffs, as her executors, instituted proceedings in the High Court seeking a declaration that at the date of her death J. B. P. was absolutely entitled to the lands in question. The defendants, claiming as representatives of the heir-at-law of W. R. P., contested this claim. Held by Budd J. 1, following In re LoughlinIR [1942] I.R. 15, and Owens v. McGarryIR [1948] I.R. 226, that the plaintiffs were entitled to the declaration sought in respect of the lands of Cloughmoyle; 2, In regard to the lands of Shinrone, J. B. P. having entered into possession of the entire of the freehold lands of her...