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Limerick Chancery Case Unveils Intricacies in Land Dispute and Annuitant Claims |

Limerick Chancery Case Unveils Intricacies in Land Dispute and Annuitant Claims

In a recent session at the Co. Limerick Chancery, before Mr Justice Ross, a noteworthy case unfolded, shedding light on a complex legal dispute involving land settlements, annuities, and familial ties. The plaintiff, identified as the late Edmond Tracy of Ballycummin, Co. Limerick, had sought an annuity of £100. Tracy, who passed away, left behind his only daughter, Angela Tracy, with whom the legal proceedings are now entangled.

The heart of the matter lies in the matrimonial settlement between Tracy and the defendant Helena Power, a pivotal character in the unfolding legal drama. As per the agreement, Power was granted possession of the lands of Ballycummin in exchange for the annuity in question and various other considerations for his daughter, Angela Tracy.

Angela Tracy, now a nun, and her mother, in mutual agreement, had consented to this arrangement. However, the crux of the legal tussle emerged when Tracy, post-marriage, purportedly assigned the fee simple of the lands to Power, subject to the annuity. The situation escalated when Power, refusing to comply, argued that her mother held the fee simple title.

This disagreement prompted the plaintiff to take legal action against Power, joined by co-defendants Ellen Dore Burke and her A. Murphy. The initial pleadings reflected Tracy’s assertion of her rights, but later, she amended her claim, focusing on the failure of any defendant, especially Mrs. Power, to fulfil the annuity obligation.

Attempts at settlement were made, but the impasse continued until Mrs. Power and the plaintiff reached an arrangement. This agreement stipulated that the lands would be declared free from the annuity burden if the annuity was paid. However, Mrs. Power failed to honour this agreement, leading to the resumption of legal proceedings.

During the court proceedings, it came to light that Angela Tracy had married a man named Ryan and had several children, including the defendant Helena Power. As the legal intricacies unfolded, the plaintiff’s claim for the fee simple of the lands, subject to the annuity, took centre stage.

In response, Mrs. Power argued against the annuity payment, citing her mother’s fee simple title. The situation reached a pivotal moment when Mrs. Power and the other two co-defendants sought to have their respective costs covered.

After careful consideration of the arguments presented by both parties, Mr Justice Ross made an order, with the consent of all involved, to stay the action on the conditions agreed upon. The terms of the stay were not explicitly detailed in the available information, but it marked a significant development in the case.

The legal proceedings, featuring prominent legal representatives such as Mr P. D. Fleming, K.C., Mr Patrick Kelly, and Mr T. Liston, showcased the complexity of the issues at hand. The case brought to the forefront the intricate interplay of familial relationships, matrimonial settlements, and the legal nuances surrounding land disputes in Co. Limerick.

As the legal saga continues, the Co. Limerick Chancery remains a stage for the resolution of disputes that impact the lives and legacies of individuals involved in these complex familial and land-related matters.

Dublin Daily Express – Thursday 20 November 1913

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