In a session held today in the Chancery Court before Mr Justice Barton, a significant matter concerning the estate of Thomas and James Carey, situated near Bruree, Co. Limerick, was addressed. The case, brought forward by Kate Carroll against Edmund Keane, centred on the estate and interests obtained by Mary Carey, deceased, widow of Thomas Carey, under the Evicted Tenants Act of 1907.

Represented by Mr Comyn, instructed by Mr Roger Fox, the plaintiff sought a declaration regarding the nature of the estate acquired by Mary Carey, asserting it was obtained as the personal representative of her deceased husband and hence divisible among his next of kin. Additionally, it was contended that the grant provided to Mary Carey for the purchase of cattle should be subject to the same trusts as the lands acquired by her as the representative of the evicted tenant.

Thomas Carey, the original tenant of the lands until his eviction in 1859 due to non-payment of rent, passed away on April 8th, 1891, leaving behind his widow and his father, James Carey, as his surviving next of kin. Subsequently, in 1910, Mary Carey was reinstated under the Evicted Tenants Act of 1907, receiving a sum of £1,230, along with an advance for the procurement of livestock. Mary Carey, however, passed away on April 27th last year, leaving the defendant as her next of kin.

Mr Timothy Sullivan, representing the defendant and instructed by Messrs. Binchgf and Sons, acknowledged the main arguments presented but asserted his client’s entitlement to the carriage of sale.

Upon deliberation, Mr Justice Barton issued a declaration affirming that Mary Carey acquired the lands as the personal representative of Thomas Carey, deceased, and held them, along with the cattle and stock, in trust. Specifically, the widow’s share was designated for herself, with the residue allocated for the next of kin of Thomas Carey, deceased. Furthermore, an order for the sale of the lands was issued, accompanied by a directive for an account to be provided, with the matter of costs reserved for future determination.

The ruling brings clarity to the intricate matter of estate distribution, providing resolution within the confines of legal precedence and equitable distribution.

Evening Herald (Dublin) – Monday 05 February 1917