The Estate of Edward Brown, Deceased; Patrick Coyle v Donnell M'Fadden

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 20 February 1901
• Court: Chancery Division (Ireland)
• Date: 20 February 1901

IN THE MATTER OF THE ESTATE OF EDWARD BROWN, DECEASED;

PATRICK COYLE

and

DONNELL M'FADDEN.

Chancery Division

Statute of Limitations — Next-of-kin remaining in possession of chattel real — Acquisition of beneficial interest — Joint tenancy.

Bolling v. Hobday 31 W. R. 9.

Bourke v. BourkeUNKIR I. R. 8 C. L. 221.

Cooper v. CooperELR L. R. 7 H. L. 53.

Dwyer v. WhiteleggeDLTR 33 I. L. T. R. 179.

In reM'Clure and Garrett's ContractIR [1899] 1 I. R. 225.

Mac Cormack v. CourtnayIR [1895] 2 I. R. 97.

Paull v. Simpson 9 Q. B. 365.

Ward v. WardELR L. R. 6 Ch. App. 789.

THE IRISH REPORTS. [1901. IN THE MATTER OF THE ESTATE OF EDWARD BROWN, DECEASED; PATRICK COYLE v. DONNELL M'FADDEN. Statute of Limitations—Next-of-kin remaining in possession of chattel real— Acquisition of beneficial interest—Joint tenancy. Where some of- the next-of-kin of a tenant who died intestate continued in possession of his holding for a period sufficient to confer title under the Statute of Limitations: Held, that they had thereby acquired a beneficial title under the Statute; and that the character of the title was a joint tenancy. COUNTY COURT APPEAL, from a decision of the County Court Judge of Donegal. The facts were as follows :—Charles Brown, who held a farm of land as tenant from year to year, died intestate about the year 1858, leaving five children, Hugh, Edward, and Nancy Brown, and two daughters who were married in his lifetime, namely, Norah Coyle and Mary Shiels. Upon his death Hugh, Edward and Nancy continued in exclusive occupation of the farm. Hugh died in 1877, intestate, leaving Edward and Nancy in possession ; and letters of administration of Hugh's personal estate were granted to Edward in 1879. Edward, whose name had been inserted in the books of the landlord as tenant, died in June, 1891, leaving. Nancy in possession, and letters of administration to his personal estate were granted to Patrick Coyle (the plaintiff), in July, 1897. Nancy Brown assigned the farm to Donnell M'Fadden (the defenÂdant), in April, 1896, and died in January, 1897. In November, 1897, an equity civil bill for the administration of Edward Brown's estate was brought by Patrick Coyle against Donnell MTadden. Patrick Coyle abandoned the suit in June, 1899, and the carriage was transferred to James Coyle. The County Court Judge having made an order for the usual accounts and inquiries, the matter came before him on the 21st of June, 1900, on further...