27 Jan. 1892 Law Reports probate and Matrimonial Divison held at Dublin
In the Goods of William DAVISON. Mr. D. H. HENRY (instructed by Mr. J. MALONE, Cookstown) applied for a grant of letters of administration intestate to the widow of deceased. It appeared that the deceased, who resided near Moneymore, in the county of Londonderry, had emigrated to America some years since, leaving his wife in possession of his farm. Letters had been sent him; but a great number of years ago a letter had been received stating that he had been killed during the American civil war. Advertisements had been inserted in the London Times and Derry Journal, but no reply had been received. His lordship made the order and directed the applicant to have his costs out of the assets. In the Goods of John M'CANN, deceased Mr. D. S. HENRY (instructed by Mr. John MALONE of Cookstown), applied to have a document admitted to probate as the last will of deceased, who resided near Cookstown. The will bore signature of 3 persons, 2 having signed under the word "executors” and one under the word "witness.” It was proved that all 3 were present at the time of the testator’s signature and that after the testator signed, all three signed their names. Judge Warren held that the will could not be admitted to probate on the ground that the signing of a will must do so with the intention of attesting it. Chancery Division - Land Judges HOWARDS estate This was an objection filed on behalf of the owner to the final schedule in this matter. In the schedule certain lands near Dungannon, Co.Tyrone, were returned as in the owners possession and were to be sold as such. The owner objected on the ground that a portion of the land in question were held under a lease, which his father, Mr. Samuel HOWARD, had acquired before the estate in fee in the lands were vested in him. The lands were subject to a mortgage for £5,000 in the Edinburgh life Assurance Company and also to a mortgage for £1,000 to Mr Justice ANDREWS The present petitioner had paid off the mortgage to the Edinburgh Company. Mr. D. S. HENRY (instructed by Mr. W. J. REYNOLDS, Dungannon) appeared in support of the objection and contended that the lands should be sold subject to the lease, as it was still subsisting Mr. ORPEN appeared for the petitioner and said that the estate was merged. His lordship reserved judgement ALEXANDER v BARNHILL This suit was instituted to administer the estate of the late Mr. William GAMBLE J.P., of Porthall, Strabane, who died in 1882 possessed of considerable real and personal estate. A claim had been made on behalf of Miss Mary Ann GAMBLE, a sister of the deceased, for a sum of £525 as part of the proceeds of a policy effected on the life of John Hamilton HUMPHREYS and assigned to the deceased, who in turn assigned it to the Hibernian Bank. It appeared that the claimant had paid off certain charges against property of the deceased held under the Duke of Abercorn and it was with a view to recouping her for the sum so paid, that the present claim was made. The Vice chancellor held that the claim was well founded and declared the claimant entitled to the applied for, with interest up to the present time. Miss GAMBLE is to pay her own costs. Costs of the other parties to the suit to come out of the estate. JOHNSON'S estate. Mr. A. TODD (instructed by Mr. John ELLIOTT of Strabane) applied on behalf of Lavinia TAYLOR, formerly a tenant on a portion of the estate, which is in the county Donegal, for an order that on her paying 2 years judicial rent, fixed by the land commission, all prior arrears of rent due by her should be forgiven and that she should be reinstated tenant of her holding. The holding, which originally contained 92a. 3r., had been acquired by the husband of the petitioner in 1852, the rent then being at £36 17s 6d. Up to 1865, the rent had been raised from time to time. The landlord then took 19½ acres into his own hands, without giving any compensation for it, and insisted on the tenant taking a lease of the remainder, consisting of about 72 acres, at a rent of £55 10s. After keeping 19½ acres for about 2 years, the landlord gave it back on getting £100 fine and an addition to the rent of £15. In 1875 the applicant’s husband died and about 1880 she began to fall into arrears. She got a fair rent fixed in 1882 for the 19½ acres, when the old rent was reduced from £15 to £6 10s. In 1889, she got a fair rent fixed for the leased portion, which was reduced from £55 10s, to £33. In January 1890, a decree for non-payment of 7 years rent up to Nov. 1889, amounting to £388 10s, was obtained against her and notice under the land act of 1887 had been served and the time for redemption had expired. She said she was unable to pay the arrears and that if the owner evicted her, the farm would sell for very little. Judge BOYD reserved judgment for the purpose of making inquiries whether it would be for the advantage of the estate to retain the present tenant, on her paying 4 years arrears of judicial rent. transcribed by Teena from the Derry Journal _______________________________________________ [email protected] UlsterAncestry Mailing List Searchable Archives: https://www.mail-archive.com/[email protected]/ http://lists.cotyrone.com/mailman/listinfo/ulsterancestry Website: https://cotyrone.com Facebook: https://www.facebook.com/groups/CoTyroneIrelandGenealogy/
