Meyler v Ferris [2009] NICA 16 (4 March 2009)

Meyler v Ferris [2009] NICA 16 (4 March 2009)

The June 1989 agreement was validly executed by Charles Ferris with full knowledge and is binding on him and his successors, determining the parties' respective shares in the land. Allegations of fraud in the oath for administrator were unfounded and immaterial to the legal outcome.

Citation
[2009] NICA 16
Parties
Plaintiff/respondent: Christine Meyler as Executor of the Estate of Joseph Patrick Ferris (deceased); Defendant/appellant: Joseph Ferris
Jurisdiction
Northern Ireland
Judgment Date
04 March 2009
Procedural Posture
Appeal by Way of Case Stated From the Queen's Bench Division of the High Court of Justice in Northern Ireland / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Adverse Possession, Partition of Land, Validity of Settlement Agreements, Fraudulent Misrepresentation, Intestacy
Property Law Succession Law Civil Procedure Adverse Possession Partition of Land Validity of Settlement Agreements Fraudulent Misrepresentation Intestacy

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Parties

Christine Meyler as Executor of the Estate of Joseph Patrick Ferris (deceased)

Plaintiff/respondent

Joseph Ferris

Defendant/appellant

Procedural Posture

Appeal by Way of Case Stated From the Queen's Bench Division of the High Court of Justice in Northern Ireland / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the agreement of June 1989 was binding on Charles Ferris and his successors
  2. 2 Whether errors in the oath for Letters of Administration were fraudulent and their effect
  3. 3 Whether Charles Ferris as eldest son was entitled to the lands by operation of law on intestacy

Ratio Decidendi

The June 1989 agreement was validly executed by Charles Ferris with full knowledge and is binding on him and his successors, determining the parties' respective shares in the land. Allegations of fraud in the oath for administrator were unfounded and immaterial to the legal outcome.

Court Disposition

Appeal dismissed

Orders

  • Declaration affirmed that the plaintiff as personal representative of Joseph Patrick Ferris is entitled to seven ninths and the defendant to two ninths of any interest that the late Charles Ferris (senior) had in the land comprised in Folio 2974 County Tyrone.