Re Loughlin

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

In re Loughlin

In the Matter of ROBERT LOUGHLIN, deceased, Registered Owner, Folio 805, County Wicklow

Land Registry - Administratrix of deceased registered owner - Whether express trustee for next-of-kin - Prescription - Whether next-of-kin ousted by possession of administratrix - Local Registration of Title (Ir.) Act, 1891 (54 & 55 Vict. c. 66), ss. 52, 84, 85, 86; Supreme Court of Judicature Act (Ir.), 1877 (40 & 41 Vict. c. 57), s. 28, sub-s. 2.

By the Judicature (Ir.) Act, 1877, s. 28, sub-s. 2, "No claim of acestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any Statute of Limitations."

The effect of the Local Registration of Title (Ir.) Act, 1891, sects. 84 and 86, is to impose an "express trust" within the meaning of the above section on the personal representative of a deceased registered owner in respect of the registered lands and so to prevent the Statute of Limitations running in his favour.

Toates v. Toates, [1926] 2 K. B. 30, followed.

Motion ex parte by Michael Loughlin, under s. 52 of the Local Registration of Title (Ir.) Act, 1891, for an order declaring him entitled to the land comprised in Folio 805, County Wicklow.

The facts are set out in the judgment of Maguire P., post.

Maguire P.:—

This is an application of Michael Loughlin under s. 52 of the Local Registration of Title (Ir.) Act, 1891, for a declaration of his title to the land comprised in Folio 805 of the Register of the County of Wicklow. The facts are shortly as follows:—

Robert Loughlin, the registered owner, died intestate on the 31st of July, 1917, leaving a number of next-of-kin, including the applicant, him surviving. Letters of administration to the personal estate of Robert Loughlin were, on the 10th of April, 1918, granted to Margaret Loughlin, a sister of the deceased registered owner. Margaret Loughlin, the personal representative, died on the 1st of February, 1939. It is claimed that before her death she had acquired the interests of certain of the next-of-kin of the deceased registered owner under certain instruments of release and testamentary documents, which have not as yet been admitted to probate. She had, however, not acquired the interest of John Loughlin, a brother of the deceased registered owner, who lived in Australia and who is stated to have died intestate on the 22nd December, 1923, leaving a widow and eight children him...