Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Robertson, Ledlie, Ferguson and Company v Mulvenna and Others Estate of Despard, deceased

Irish Law Times Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1942
Date01 January 1942
CourtCourt of Appeal (Northern Ireland)
(C.A., N.I.),
Robertson, Ledlie, Ferguson and Co
and
Mulvenna and Others. Estate of Despard
deceased

Administration - Fund appointed by will - Effect of bankruptcy on debts proved - Whether entitled to be met under the administration - Originating summons for administration - Chief Clerk's certificate - Argument on originating summons -Whether matter can be raised again on summons to vary certificate - Res Judicata.

On the hearing of a summons for administration, a question of law having been put in issue distinctly between the parties, it is not open to raise the same question in Chambers on a summons to vary the Chief Clerk's certificate. The plaintiffs, while deceased was alive, proved for £94 14s. 0d. against her in bankruptcy, and were paid two shillings and one-tenth of a penny in the £. Subsequently and shortly before her death deceased, by will, appointed a fund, over which she had a general power of appointment, to her general estate. Plaintiffs then issued administration proceedings for the balance of their debt. The matter was argued before the Judge, who made an order in favour of the plaintiffs. No appeal was taken against this order, but when the Chief Clerk had made out his certificate a summons to vary was issued by M., deceased's...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT