Author Topic: Legal terminology meaning: 'Estate of ___ continuing in the name of ___'  (Read 611 times)

Offline M_ONeill

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Hi all,

I was wondering if someone with more knowledge about estates than me could explain what the phrase 'Estate of [name 1] continuing in the name of [name 2]' means. I'm trying to decipher the relationship between two names in a newspaper notice (linked below)

This is specifically related to Northern Ireland and the Land Purchase Act, if that provides any meaningful context.

Thanks in advance!

Offline M_ONeill

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Re: Legal terminology meaning: 'Estate of ___ continuing in the name of ___'
« Reply #1 on: Sunday 14 March 21 22:25 GMT (UK) »
So looking a little bit further into this in the Griffiths valuation, there is a James O'Neill who takes on the tenancy of a plot of land in Dreenan (42Aa) sometime prior to 1912 - I think from a George Riddle, though the various crossings out aren't exactly clear to me. Stafford O'Neill himself appears to have no direct tenancy or landholding in Dreenan going all the way through to the last revision in 1929, as he is still based in Rocktown.

I don't think James is a son of Stafford - as far as I know, the latter remained unmarried. He did however have an older brother James.

Does the 'continued in the name of' mean that it's actually James' land but it's somehow being run by Stafford? I'm still a little bit stumped by the precise meaning!

Offline horselydown86

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Re: Legal terminology meaning: 'Estate of ___ continuing in the name of ___'
« Reply #2 on: Monday 15 March 21 01:56 GMT (UK) »
I have looked at the results for an internet search on this combination:

"estate of" "continued in the name of"

It appears "continued in the name of" is used generally in legal proceedings where an action commences under a certain name or names and one or more of those people subsequently dies, resigns, vacates or is removed from the role.

If that person is replaced by another, the action does not abate but is continued in the name of their replacement.

Although it's a Victorian era Amendment to the Bankruptcy Act in New South Wales, the last paragraph of this link gives the flavour.

http://classic.austlii.edu.au/au/legis/nsw/num_act/baaa1888n22270.pdf

So in your case it appears that James has replaced another appointed person in an action regarding the estate of Stafford.

The action may have been the probate but I wouldn't conclude it was necessarily so.  The newspaper notice is under the Land Purchase Acts rather than the Probate Act.

I don't think a conclusion can be drawn as to the relationship between Stafford and James from this notice alone.

You would need to view records for Stafford's probate (at least) and possibly other legal records.

Offline horselydown86

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Re: Legal terminology meaning: 'Estate of ___ continuing in the name of ___'
« Reply #3 on: Monday 15 March 21 06:17 GMT (UK) »
I don't think a conclusion can be drawn as to the relationship between Stafford and James from this notice alone.

You would need to view records for Stafford's probate (at least) and possibly other legal records.

...and even then it may not be stated.


Offline josey

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Re: Legal terminology meaning: 'Estate of ___ continuing in the name of ___'
« Reply #4 on: Monday 15 March 21 10:13 GMT (UK) »
There are brothers James 34 & Stafford 32 O'Neill in the 1901 census here, sons of Sarah 60, both farmers:
http://www.census.nationalarchives.ie/pages/1901/Londonderry/Rocktown/Rocktown/1542968/

ADDED: Sorry, I see you've already told us there was an older brother James, Martin
Seeking: RC baptism Philip Murray Feb ish 1814 ? nr Chatham Kent.
IRE: Kik DRAY[EA], PURCELL, WHITE: Mea LYNCH: Tip MURRAY, SHEEDY: Wem ALLEN, ENGLISHBY; Dub PENROSE: Lim DUNN[E], FRAWLEY, WILLIAMS.
87th Regiment RIF: MURRAY
ENG; Marylebone HAYTER, TROU[W]SDALE, WILLIAMS,DUNEVAN Con HAMPTON, TREMELLING Wry CLEGG, HOLLAND, HORSEFIELD Coventry McGINTY
CAN; Halifax & Pictou: HOLLAND, WHITE, WILLIAMSON

Offline M_ONeill

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Re: Legal terminology meaning: 'Estate of ___ continuing in the name of ___'
« Reply #5 on: Monday 15 March 21 12:39 GMT (UK) »
Thanks for the replies, all!

Horsley, that explanation roughly fits with what I thought - although my reading had it going the other direction, with Stafford continuing James' interest. Not particularly surprised that I'm wrong on that one!

Josey, that is indeed the family I'm thinking of. This James and Stafford were the sons of another Stafford O'Neil who died in 1894.

However, doing a little bit of digging based on Horsely's probate suggestion means that I might have cracked it. This notice can't have been probate for the Stafford O'Neill in Rocktown, as I know he didn't die until 1945.

However, there is another Stafford O'Neill of Ballymacpeake (I suspect a relation between the two, but can't prove it). This other Stafford O'Neill (actually christened George Stafford) had emigrated to New Zealand in 1884 and died there in 1932. That would potentially line up with the above notice being for probate.

This Stafford also had an elder brother called James, who of all their siblings was the only son to remain in Ireland. Was James looking after some land for his brother Stafford?

My only confusion is that as far as I'm aware the Ballymacpeake Stafford-O'Neills had no land interest in Dreenan. Stafford's will in the New Zealand Probate records apparently shows the following legacies (I'm going by someone else's transcription, I have no access to the original image):
  • 20 to daughter Cecelia McErlane;
  • Debt from mortgage to son Pat to be split two-thirds to daughter Nellie and one-third to son Jack;
  • Remainder to sons Stafford and Pat in equal shares;
  • Stafford and Pat to pay their mother Bridget 100 per annum.

As far as I can see, no mention of any land in Dreenan - unless Stafford already considered it as 'belonging' to James, in his absence?