Earnshaw and Others v Hartley: CA 31 Mar 1999

An administrator de son tort, who was also a beneficiary, held the estate property on trust, and so could not establish adverse possession against the estate during the period of trusteeship. He held a sufficient interest in the assets already. A delay in the application for the grant did not apply where time had not in any event begun to run before the application
Lord Justice Nourse Lord Justice Buxton And Sir Christopher Staughton
Gazette 21-Apr-1999, Times 29-Apr-1999, Gazette 12-May-1999, [1999] EWCA Civ 1141, [2000] Ch 155
Limitation Act 1980 Sch 1 Para 9, Administration of Estates Act 1925 9
England and Wales
CitedCommissioner of Stamp Duties (Queensland) v Livingston PC 7-Oct-1964
A testator had died domiciled in New South Wales and with real and personal property both in New South Wales and in Queensland. He left one-third of his real and personal estate to his widow absolutely. She then died intestate, also domiciled in New . .
CitedRe Leigh’s Will Trusts; Handyside v Durbridge ChD 1970
The testatrix’s husband and only child had drowned in an accident. She was his administratrix and sole beneficiary under his intestacy. At his death, the husband had been the owner of 51% of the issued shares in a company and had been owed money by . .
CitedParadise Beach and Transportation Co Ltd v Price-Robinson PC 1968
(Bahamas) The provisions in the Acts of 1833 and 1874 did away with the earlier doctrine of ‘non adverse’ possession, under which, in the absence of an ouster, the possession of one joint tenant or tenant in common was regarded as the possession of . .
MentionedRe Deans 1954
A Probate Judge is not considered to be a trustee. . .
CitedIn Re Williams 1886
The purpose of the section is to allow time to run against an administrator as from the intestate’s death, irrespective of whether a grant of administration has been obtained or not. . .

Cited by:
CitedGreen and others v Gaul and Another; In re Loftus deceased ChD 18-Mar-2005
The claimants began an action in January 2003 to seek to set aside the appointment of an administrator from December 1991, and to have set aside transfers of property made within the estate.
Held: The limitation period against a personal . .

These lists may be incomplete.
Updated: 19 May 2021; Ref: scu.146056