Re Young, Deceased

• Jurisdiction: Ireland
• Judgment Date: 24 November 1877
• Date: 24 November 1877
• Court: Chancery Division (Ireland)

V. C. Cham.

IN RE YOUNG, DECEASED.

Injunction — Action against executrix de son tort — Subsequent grant of administration — Account of debts and liabilities — Costs.

VoL. XI.] EQUITY SERIES. 521 IN THE MATTER OF THE CONTRACT FOR SALE BETWEEN VIAN V. C. Court. AND GAFFNEY, AND IN THE MATTER OF THE ACT OF 1877. 37 & 38 VICT. c. 78. Nov. 20. Practice-Vendors and Purchasers Act, 1874, s. 9. Proceedings under the 37 & 38 Viet. c. 78, s. 9 (Vendors and Purchasers. Act, 1874), are commenced by summons at Chambers. Mr. _Richey, Q. C., applied for directions to the officer of the Court to issue an originating summons entitled in this matter, doubts having been suggested in the office as to whether the proÂÂÂceedings under the Act should originate in Chambers. The object of the summons was to obtain the opinion of the Court as to cerÂÂÂtain objections to title. He referred to section 9 of the Act. THE VICE-CHANCELLOR was of opinion that the proper mode of commencing the proceedings was by summons at Chambers as proposed, and accordingly directed the summons to be issued. V. C. Chant. 1877. IN RE YOUNG, DECEASED. Injunction-Action against executrix de son tort-Subsequent grant of adminis tration-Account of debts and liabilities-Costs. Where an order was made under the 145th section of the Chancery (Ireland) Act, 1867, for the ascertainment of debts of a deceased person, the Court reÂÂÂstrained an action which had been commenced against the administratrix as executrix de son tort before administration had been granted, but gave the Plaintiff at law his costs of the action and of appearing on the application. ON the 30th of October, 1877, the administratrix of Robert Young, the deceased in this matter, under letters of administration dated the 29th of October, 1877, issued. a summons for an order pursuant to the '145th section of the Chancery (Ireland) Act, 1867, and the usual order was made on the 15th of November, 1877, Nov. 24. 522 THE IRISH REPORTS. [I. R. V. C. Cham. directing an account to be taken of the debts and liabilities affect-1877. ing the personal estate of the deceased...