Parkinson Earl of Fingal

• Jurisdiction: Ireland
• Judgment Date: 19 February 1940
• Date: 19 February 1940
• Court: High Court

Orlando v. Earl of Fingal and Others.

In the Matter of the Trustee Act, 1893, and in the Matter of the Public Hospitals Act, 1933, and a Scheme thereunder for a Sweepstake, and of the trusts of a prize of £460 10s. 6d. in favour of FRANCIS ORLANDO; FRANCIS ORLANDO,by his Father and Guardian JOSEPH P. ORLANDO

Plaintiff

and

EARL OF FINGALL AND OTHERS

Defendants.

Practice - Jurisdiction - Payment out of Court - Money the property of infant - Infant domiciled in New York, U.S.A. - Right of guardian to receive infant's money.

An infant domiciled in New York, U.S.A., was absolutely entitled to a fund in Court, and by the law of the State of Now York his father, as legal guardian, was entitled to sue for and recover all moneys and properties due to the said minor. The father applied for payment out of the fund to him for the benefit of the infant.

Held that the order sought should be granted.

Summary Summons.

Joseph P. Orlando purchased on behalf of his son, Francis X. Orlando, both parties being domiciled in the State of New York, a ticket in a sweepstake held on the Grand National Race, 1938, pursuant to the Public Hospitals Act, 1933, and a scheme thereunder. The said Francis X. Orlando was an infant, having been born on the 28th day of July, 1926. The counterfoil of the said ticket drew a horse in the draw on the said sweepstake and the said Francis X. Orlando became entitled to a prize amounting to £460 10s. 6d. The defendants paid into Court to the credit of the matter the sum of £453 7s. 10d., being the said prize money after deduction of the costs of the said lodgment, as there was no person capable of giving a valid receipt and discharge for the said money. On the 15th day of April, 1938, the Surrogate of the County of Monroe and State of New York appointed the said Joseph P. Orlando guardian of the property of the said Francis X. Orlando.

This summons...