Kavanagh v Best

JurisdictionNorthern Ireland
Judgment Date01 January 1971
Date01 January 1971
CourtChancery Division (Northern Ireland)
(Ch. D.)
Kavanagh
and
Best

Validity - Judgment against beneficiary under will of deceased - No assent to devise of property to beneficiary - Registration of mortgage against interest in property -Validity - Judgment Mortgage (Ireland) Act,1850 (13 14 Vict., c. 29), ss. 6, 7.

A testator, who died after the coming into operation of the Administration of Estates Act (Northern Ireland), 1955, by his will specifically devised certain premises to the defendant. The executors of the will let the defendant into possession and agreed to assent to the devise but no assent was executed. The plaintiff obtained a summary decree against the defendant in the county court for a sum of money and then filed the affidavit prescribed by the Judgment Mortgage (Ireland) Act, 1850, in accordance with s. 68 of the County Courts Act (Northern Ireland), 1959. The affidavit stated that the defendant was seised or possessed of the premises at law or in equity or had the disposing power which she could exercise for her own benefit. In default of payment of the amount due the plaintiff sought a declaration that the judgment mortgage was well charged on the defendant's interest in the premises. Held, (i) that as the testator died after the coming into operation of the Administration of Estates Act (Northern Ireland), 1955, the premises, being real estate as defined by s. 49 of that Act, vested in the executors "as if it were personal estate", and that on the grant of...

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1 cases
  • Gleeson v Feehan
    • Ireland
    • Supreme Court
    • 1 Enero 1997
    ...V MORTESHED 1902 36 ILTR 142 CHRISTIE, IN RE 1917 1 IR 17 SMITH V SAVAGE 1906 1 IR 469 MAHER V MAHER 1987 ILRM 582 KAVANAGH V BEST 1971 NI 89 ADMINISTRATION OF ESTATES ACT 1955 S2(3) (NI) LOCAL REGISTRATION OF TITLE (IRL) ACT 1891 PART IV LOCAL REGISTRATION OF TITLE (IRL) ACT 1891 S84(1) ......

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