Re Rutledge, Hanly v Finnerty

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1981
Date01 January 1981
(H.C.)
In re Rutledge
Hanly
and
Finnerty

Probate action -Undue influence - Application to have will admitted to probate - Claim that will procured by undue influence - Whether full particulars of undue influence required - Rules of the Superior Courts, 1962 (S.I. No. 72), Or. 19, r. 5, Or.111.

In a probate action the plaintiffs brought a motion for an order directed against the defendant requiring him to deliver particulars of a plea of undue influence made in the defence. The defendant's...

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10 cases
  • Smith v McCarthy
    • Ireland
    • Court of Appeal (Ireland)
    • 17 May 2017
    ...fraud to be pleaded with particularity’. The rationale for this requirement was thus explained by Barrington J. in Healy v. Finnerty [1981] I.L.R.M. 198, 202: ‘Because of the seriousness of the plea counsel will not lightly put his name to a pleading containing a plea of undue influence so ......
  • Keaney v Sullivan and Others
    • Ireland
    • Supreme Court
    • 23 July 2015
    ...In the course of her judgment as set out above, the learned trial judge referred to the judgment of Barrington J. in Hanly v. Finnerty [1981] I.L.R.M. 198 [1981] I.L.R.M. 198, it seems to me to be of such relevance that it is worth reiterating that passage again. Barrington J. at page 202 s......
  • National Educational Welfare Board v Neil Ryan, I.T. Upgrade Ltd and Peter O'Grady
    • Ireland
    • High Court
    • 14 December 2007
    ...- 14/12/2007) [2007] IEHC 428 National Educational Welfare Board v Ryan RSC O.19 r5(2) RUTLEDGE (DECEASED), IN RE; HANLY & ORS v FINNERTY 1981 ILRM 198 1981/10/1688 DELANY & MCGRATH CIVIL PROCEDURE IN THE SUPERIOR COURTS 2ED 2005 PARA 5.38 BARCLAY v M'HUGH 1878 12 ILTR 176 BULA LTD (IN RE......
  • KBC Bank Ireland Plc v Hugh Corrigan
    • Ireland
    • Court of Appeal (Ireland)
    • 18 January 2021
    ...in the context of plenary proceedings, that:- “…The rationale of this requirement was explained by Barrington J. in Hanly v. Finnerty [ [1981] I.L.R.M.198], in relation to a plea of undue influence as follows: ‘Undue influence is a plea similar to fraud and it appears to me that it would be......
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