Robert Henry Sharpe -v- Philip Meyer [2012] IEHC 172 (30 April 2012)

Robert Henry Sharpe -v- Philip Meyer [2012] IEHC 172 (30 April 2012)

Insufficient evidence provided by defendant to establish completion of administration and proper vesting of Celbridge Property; defendant directed to file affidavit with relevant documentation.

Citation
[2012] IEHC 172
Parties
Plaintiff: Robert Henry Sharpe; Defendant: Philip Meyer
Jurisdiction
Ireland
Judgment Date
30 April 2012
Procedural Posture
Special Summons / Preliminary Ruling on Motion to Re Enter
Outcome
Further affidavits directed; no final determination.
Legal Topics
Administration of Estate, Partial Intestacy, Vesting of Property, Executor Duties, Motion to Re Enter
Probate Property Civil Procedure Administration of Estate Partial Intestacy Vesting of Property Executor Duties Motion to Re Enter

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Robert Henry Sharpe

Plaintiff

Philip Meyer

Defendant

Procedural Posture

Special Summons / Preliminary Ruling on Motion to Re Enter

Legal Issues

  1. 1 Whether the defendant as executor properly vested the Celbridge Property in the beneficiaries
  2. 2 Whether the administration of the estate of the Testator is complete
  3. 3 Whether the plaintiff is entitled to costs against the defendant

Ratio Decidendi

Insufficient evidence provided by defendant to establish completion of administration and proper vesting of Celbridge Property; defendant directed to file affidavit with relevant documentation.

Court Disposition

Further affidavits directed; no final determination.

Orders

  • Defendant to file affidavit with documentation by 18 May 2012.
  • Plaintiff may file affidavit in response by 8 June 2012.