Re O'Leary. O'Leary v O'Leary and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1961
• Date: 01 January 1961
• Court: High Court

(H.C.)

In re O'Leary. O'Leary

and

O'Leary and Others

House to be erected on land of personal representative - Death of testator before commencement of work - Whether contract to be carried out at the expense of estate.

A testator contracted with a builder for the erection of a dwelling-house, intended for his own occupation, on land belonging to the testator's nephew, J. O'L., but died before the work commenced. The testator, by his will having directed payment of his debts bequeathed the residue of his property to several legatees, including J. O'L., to whom letters of administration with the will annexed were granted, as attorney of the executor therein named. Held.that J. O'L., as personal representative, was entitled to complete the contract and to pay out of the assets of...