Beamish v Farmer

• Jurisdiction: Ireland
• Judgment Date: 22 November 1867
• Date: 22 November 1867
• Court: Rolls Court (Ireland)

Rolls

BEAMISH

and

FARMER.

There were also other grounds of appeal, involving no legal principle of importance.

Gay v. Cox 1 Ridg. P. C. 135.

Cross v. BedingfieldENR 12 Sim. 40.

Gaunt v. Taylor 3 M. & K. 310.

Martyn v. Blake 3 Dr. & W. 425; 5 Ir. Eq. R. 72.

Hyde v. PriceENR 8 Sim. 578.

Powellƒ€™s TrustsENR 10 Hare, 134.

Torre v. BrowneENR 5 H. L. C. 555.

Booth v. LeycesterENR 1 Keen. 267; 3 M. & Cr. 459.

Lainson v LainsonENR 18 Beav. 70

Booth v. LeycesterENR 1 Keen, 249.

Jenkins v. BriantENR 16 Sim. 272.

Torre v. BrowneENR 5 H. L. C. 555.

Gay v. Cox 1 Ridg. P. C. 138.

Martyn v. Blake 3 Dr. & W. 125; 5 Ir. Eq. R. 72.

Powellƒ€™s TrustsENR 10 Hare, 134.

Robinson v. CummingENR 2 Atk. 409.

Newman v. AulseyENR 3 Atk. 579.

Lynch v. Skerrett 5 Ir. Eq. R. 494.

Attorney-General v. NethercoteENR 11 Sim. 529.

Gay v. Cox 1 Ridg. P. C. 135.

Booth v. LeycesterENR 1 Keen, 267.

Martyn v. Blake 3 Dr. & War. 125.

Booth v. LeycesterENR 1 Keen, 247; 3 M. & Cr. 459.

Powellƒ€™s TrustsENR 10 Hare, 134.

Hyde v. PriceENR 8 Sim. 578.

Cross v. BedingfieldENR 12 Sim. 40.

Powellƒ€™s TrustsENR 10 Hare, 135, 6.

Torre v. BrowneENR 5 H. L. C. 555, 578.

Annuity — Judgment Collateral — Interest on Arrears&Decree for Arrears — Interest on — 3&4 Vict. c. 105.

466 THE IRISH REPORTS. BEAMTSH v. FARMER. 1867. Annuity- Judgment Collateral-Interest on Arrears-Decree for Arrears Nov. 7, 8, 22. Interest on-3 c5- 4 Viet. c. 106. Interest will not be given on the arrears of an annuity, though the payment of it be secured by a collateral judgment. A sum declared to be due by a decree, and to be charged on land, does not bear interest. An annuity was granted by a tenant for life by a deed by which the life estate -was conveyed to a trustee, on trust, to secure the annuity. Judgment was also entered against the grantor, and policies of insurance on his life assigned to the grantee. The annuity deed recited an agreement that the premiums of the policies were to be paid by the grantee out of the annuity, and the deed contained a redemption clause providing for the reassignment of the annuity and policies. A decree in an annuity suit, instituted by the grantee, declared large arrears to be due, and the amount to be charged on the lands. The anÂÂÂnuity was not redeemed, and the grantor died in May, 1863. Probate to his will was granted in February, 1864, and a petition for adminstration of his assets was filed in February, 1865, by a creditor. Held, 1st, that the annuitant was not entitled to interest on the arrears of the annuity. 2ndly, that he was not entitled to interest on the sum declared to be due for arrears by the decree. 3rdly, that he was not entitled to interest on the sums advanced by him in payment of the premiums on the policies of insurance. ROBERT WILLIAM PHAIRE was seised for life of the lands of Templescoly and Clohassy, in the county of Wexford. A deed dated the 25th of June, 1846, was executed between R. W PI-mire, of the first part, and the Hon. and Venerable James Agar, of the second part. That deed recited that R. W. Phaire's life estate was subÂÂÂject to two charges vested in Francis Jessop, the interest of which amounted to £303 6s. 8d., and an annuity payable to his wife of £181 ; that a contract had been entered into that Archdeacon Agar should advance £4000 to R. W. Phaire, upon the terms that the latter should grant him an annuity of £810 7s. 10d., reduceable in certain events to £405 3s. 11d., for his (R Phaire's) life ; that it had been agreed that the payment of the annuity should be seÂÂÂcured by the bond of R. W. Phaire, and a warrant of attorney to confess judgment; and that a judgment of Easter Term, 1831, vested Rolls. in Sarah Adair, and policies of insurance for £500, and £300, on 1867. the life of R. W. Phaire, should be assigned to Archdeacon Agar, n -EAMISH for the purpose of securing, so far as they would extend, the repay- V. FAHICEIL ment of the said £4000 ; and that Archdeacon Agar should insure the life of R. W. Phaire for £3350, the premiums of the policy to be paid out of the annuity which R. W. Phaire should be at liberty at any time to repurchase; and by the said deed, R. W. Phaire granted to the said James Agar, his heirs, executors, &c., an annuity of £810 7s. 10d., payable during the life of R. W. Phaire, and charged upon the aforesaid lands, to be paid by two half-yearly payments on the 25th of December, and. 25th of June, with clauses of distress and entry for payment of the annuity, and all arrears of the same, together with all such costs, charges, damages and exÂÂÂpenses whatsoever, which should have been reasonably occasioned or sustained by him. R. W. Phaire covenanted to pay the annuity, and conveyed his life estate (subject to the interest and annuity to Frances Jessop and Sarah Phaire) to John Sweeny, his heirs and assigns, in trust, to secure the payment of the annuity, if it should happen to be in arrear. The deed provided that R. W. Phaire, or his assigns, might, on six months' previous notice, repurchase the annuity, or any part thereof, not being less at a time than £101 5s. 111d. (the latter for the sum of £1000)...