P.B.Coutanche, Tierney (Formerly Coutanche), Le Riche and W. Coutanche v Laisney and Sharp (Née Touroult)

CourtRoyal Court
Judge(Crill, Deputy Bailiff and Jurats Bailhache and Le Quesne):
Judgment Date12 April 1977
Date12 April 1977
(Crill, Deputy Bailiff and Jurats Bailhache and Le Quesne):

V. Vibert for the first and fourth plaintiffs;

P.R. Le Cras for the second and third plaintiffs;

D.A. Trott for the first defendant;

H. de C. Mourant for the second defendant.

Successionintestacyinterest of principal heirinterest in immovable property equivalent to that of trustee for all co-heirsmay be transmitted to own principal heir, subject to claims of co-heirsconverted to freehold interest if co-heirs fail to claim share within 25 years

CRILL, DEPUTY BAILIFF:In 1936, Walter Francis Norman died intestate as to the "nue proprit" of his immovable property, and without issue, leaving the property "Greenhills", which consisted of a dwelling-house, outbuildings and about 16 verges of land in the Parishes of St. John and St. Lawrence. He devised the usufruct to his widow, Blanche Augustine Laisney.

Walter Francis Norman's principal heir was his cousin, John Coutanche, who died intestate and without issue in 1958. Apart from such interest as he had in "Greenhills", he left a single "tte de partie" and land. On the 24th January, 1959, his "partage" was passed between his principal heir, his brother, Edwin Coutanche, and the co-heirs, Raymond John Tierney (formerly Coutanche), the second plaintiff, Philip Coutanche, father of the first plaintiff, Walter Coutanche, the fourth plaintiff, and Flory Le Riche, ne Coutanche. Edwin Coutanche took the one "tte de partie" and expropriated the rest from his co-heirs. "Greenhills" was not included in this "partage", but the deed contained the following clause:-

"Et si quelquechose venait connaissance dont le partage n'aurait pas t fait, il y sera procd selon droit"

In 1959, Edwin Coutanche died and devised his real property to his widow, Blanche Augustine Laisney, the same lady who had been the widow of Walter Francis Norman. She died in 1972 and devised her real property to her brother, Emile Philip Laisney. He died on the 20th September, 1975, and devised his real property to Adelina Clara Sharp, ne Touroult, the second defendant. At the time the action was instituted Emile Philip Laisney's will had not yet been registered, and, therefore, his principal heir, Roy Laisney, was named as the first defendant.

The will has now been registered, and, therefore, Emile Philip Laisney's principal heir can have no further interest in the action, although he is in physical possession of the property and has pleaded that he will give up possession...

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1 cases
  • The Representation of Thompson, Amy (Née Remon), Whorrall (Née Remon) and Remon
    • Jersey
    • Royal Court
    • 15 May 1989
    ...(2) Bradshaw v. McCluskey, 1976 J.J. 336, considered. (3) Buckingham v. St. Helier (Constable), 1966 J.J. 679. (4) Coutanche v. Laisney, 1977 J.J. 19. (5) Harden v. Harden (1918), 12 C.R. 136, unreported. (6) Jersey Maincrop Potato Mktg. Bd. v. de Gruchy, 1971 J.J. 1819. (7) Macready v. Amy......

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