Allen Finlay and Donna Beryl Finlay and Samuel Robert Finlay (as personal representative of Nancy Millar Finlay (Deceased))
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ |
| Judgment Date | 12 December 2022 |
| Neutral Citation | [2022] NICh 19 |
| Date | 12 December 2022 |
| Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No: [2022] NICh 19
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: KEE11995
ICOS No: 2007/130312/02/A01
Delivered: 12/12/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
___________
Between:
ALLEN FINLAY
First named Plaintiff/Appellant
and
DONNA BERYL FINLAY
Second Named Plaintiff/Appellant
and
SAMUEL ROBERT FINLAY
(as personal representative of Nancy Millar Finlay (Deceased))
Defendant/Respondent
___________
Mr McCausland (instructed by McKees Solicitors) for the Appellants
Mr McCombe (instructed by Comerton & Hill Solicitors) for the Respondent
___________
KEEGAN LCJ
Introduction
[1] This case arises pursuant to chancery proceedings issued in 2007. In those
proceedings the plaintiffs (who are also referred to as the appellants in this case)
applied for the following relief in relation to the estate of Nancy Millar Finlay who
was the mother of the first named plaintiff. The claim was for:
(a) A declaration that the plaintiffs are the beneficial owners of the premises
comprised in a conveyance of 21 November 1933 made between
James Nathaniel Murray and Annie Murray and Thomas Francis Murray and
John Greg Murray and Walter Wallace Murray and William Ernest Murray of
the one part and Rubina M Heaney of the other part and therein described as
“all that shop, dwelling house, office houses, yard, garden and premises
together with the parcel of land attached thereto containing one acre, two
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