Ruddy v Gannon

JurisdictionIreland
Judgment Date29 July 1965
Date29 July 1965
CourtSupreme Court
Ruddy v. Gannon.
JOHN RUDDY
Plaintiff
and
LUCY GANNON,Defendant. (1)

Supreme Court.

Administration of estates - Freehold registered land - Death of owner intestate - Distributive shares of widow and children - Devolution of such shares - Widow, son and daughter in possession - Other children not in possession - Administration granted to son - Death of widow intestate - Son and daughter continuing in possession - Claims of other children barred - Interests of son and daughter after son's death - Law of Property Amendment Act, 1860 (23 & 24 Vict., c. 38), s. 13.2 - Local Registration of Title (Ireland) Act,1891 (54 & 55 Vict., c. 66), s. 86.

An owner of freehold registered land, which was subject to the provisions of Part IV of the Local Registration of Title (Ireland) Act, 1891, died intestate in 1923 and was survived by his wife, his Bon E., his daughter G., and seven other daughters. The widow, E. and G. were in possession of the land from the date of the owner's death but the other daughters had then left the lands. Letters of administration of the personal estate of the owner were granted to E.in 1924. The widow, E. and G. continued in possession of the land until the death of the widow, intestate, in 1930. No grant of administration of the personal estate of the widow was ever issued. E. and G. continued in such possession until the death of E. on the 20th February, 1961, and thereafter G.continued in possession until her death on the 3rd March, 1961. The profits of the land were applied for the maintenance of the persons for the time being in possession of the land.

The claims of the seven other daughters to distributive shares in the respective estates of their father and their mother were barred at the date of E.'s death. The issues for determination by the Court related to the extent of the interest of E. in the land at the date of his death and the extent of the interest of G.in the land at the date of her death. The administrator of G.'s estate claimed that G., in addition to her own shares in the land arising from the respective intestacies of her father and her mother had acquired as surviving joint tenant the shares therein of her seven absent sisters which arose from both intestacies.

Held by the Supreme Court ( Ó Dálaigh ó dálaigh C.J., Haugh and Walsh JJ.) 1, that immediately prior to the death of E., in addition to his own shares in the land arising from the respective intestacies of his father and his mother, he was entitled beneficially to the distributive shares therein of his seven absent sisters which arose from the intestacy of the father.

Mallon v. M'Alea [1923] 1 I. R. 30 and In re Ryan's Estate. Maher v. Harte Barry and Another[1960] I. R. 174 approved. Vaughan v. Cottingham[1961] I. R. 184 applied.

2, That G. at the date of her death, in addition to her own shares in the land arising from such intestacies, was entitled beneficially as surviving joint tenant to the distributive shares therein of her seven absent sisters which arose from the intestacy of the mother.

Smith v. Savage [1906] 1 I. R. 469 applied.

Case Stated under the provisions of s. 16 of the Courts of Justice Act, 1947, by the Judge of the Western Circuit (His Honour Judge Durcan) for the determination by the Supreme Court of questions of law.

The Case Stated was as follows:—

"1, The plaintiff, John Ruddy, suing as the legal personal representative of Grace Gannon, late of Glaspatrick, Murrisk, County Mayo, spinster, deceased, issued an equity civil bill

on the 9th January, 1962, claiming, inter alia, a declaration that, as personal representative of the said Grace Gannon, deceased, he was entitled to an undivided eight-ninths share in the lands the subject-matter of Folio No. 8247 of the Register of Freeholders, County Mayo, or alternatively, that an enquiry be held to ascertain who are the persons entitled to the said lands and in what shares and proportions and for what estates and interests.

2, The said equity civil bill was issued against the defendant as the executrix of the will of Edward Gannon, late of Glaspatrick aforesaid, and she filed and delivered a defence and counterclaim on the 25th January, 1962, in which she pleaded, inter alia, that the said Edward Gannon was at the date of his death on the 20th February, 1961, beneficially entitled to 25/27ths. of the said lands as a tenant in common with the said Grace Gannon, who was beneficially entitled to 2/27ths of the said lands, and she counterclaimed for a declaration that the said Edward Gannon and Grace Gannon were on the 20th February, 1961, entitled to the said lands in the said proportions as tenants in common, and for an order under s. 52 of the Registration of Title Act, 1891, declaring the title of the plaintiff and herself to the said lands in accordance with the said declaration.

3, The pleadings in this action are annexed hereto and form part of this Case Stated.

4, Mr. J. W. O'Connor, instructed by Oliver P. Morahan, appeared for the plaintiff, and Mr. Peter O'Malley, instructed by Messrs. Michael Moran & Co., appeared for the defendant.

5, At the hearing of this action before me at Westport on the 9th February, 1962, the following facts were proved or admitted:—

(a) John Gannon, late of Glaspatrick aforesaid, was at the date of his death absolutely entitled to and registered as full owner on the said Folio of the said lands;

(b) The said lands were and are subject to Part IV of the Registration of Title Act, 1891;

(c) The said John Gannon died intestate on the 13th July, 1923, leaving him surviving as the only persons entitled to share in his personal estate and effects his widow, Anne Gannon, and nine lawful children whose names were: (i) Catherine Ruddy (née Gannon); (ii) Nora Gill (née Gannon); (iii) Maria Ruddy (née Gannon); (iv) Ellen Gannon; (v)Bridget Gannon; (vi) Sara Gannon; (vii) Annie Gannon; (viii) the said Grace Gannon and (ix) the said Edward Gannon.

(d) Letters of administration to the estate and effects of the said John Gannon were granted to the said Edward Gannon on the 24th March, 1924, and on the 11th March, 1925, a note of the death of the said John Gannon and of the grant of letters of administration to his estate to the said Edward Gannon was entered on the said Folio.

(e) The said Anne Gannon, widow, died intestate, without having remarried, on the 5th December, 1930, and no representation has ever been raised to her estate.

(f) All the said children of the said John Gannon other than the said Grace Gannon and the said Edward Gannon had left the said lands prior to his death in 1923, and since his death none of his said children (other than Edward and Grace) ever resided on the said lands or participated in the profits thereof save as the guest of Edward and Grace and no written acknowledgment of the estate or interest in the said lands of any of such other children of the said John Gannon, deceased, was given by either the said Edward Gannon or the said Grace Gannon to any of them within the twenty years immediately prior to the institution of this action and their estates and interests in the said lands were statute-barred prior to the death of the said Edward Gannon.

(g) The said John Gannon, deceased, had a sum of approximately £400 on deposit receipt in the Bank of Ireland, Westport, at his death. This sum was later withdrawn by the said Edward Gannon, his personal representative, and lodged in his...

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