Bellew, deceased; O'Reilly v Bellew

• Jurisdiction: Ireland
• Judgment Date: 30 July 1924
• Date: 30 July 1924
• Docket Number: (1922. No. 537.)
• Court: Chancery Division (Irish Free State)

C. A., I. F. S.,

Bellew, Deceased; O'Reilly and Bellew

and

Bellew and Gormanston

Shifting use - Statute of Limitations - Rule against perpetuities - Estate tail - Settled Land Act, 1882, s. 51.

Richard M. Bellew in 1856 sold certain lands (Dunleer) to the trustees of his nephew's, Edward Joseph Lord Bellew's, marriage settlement. In 1878 Richard M. Bellew, by will, left his real estate (Shamrock Hill) to trustees in trust to pay Edward Joseph Lord Bellew an annuity, with a life interest to a grand-nephew, Charles B. Bellew, followed by remainders to first andother sons of C. B. Bellew born in testator's lifetime, and ultimately to first and other sons born after testator's death of Edward Joseph Lord Bellew in tail male. By Clause 21 in said will of 1878 of Richard M. Bellew there was to be a forfeiture of all the real and personal estate of the said R. M. Bellew in the event of Edward Joseph Lord Bellew or any of his sons or their issue selling or exchanging or concurring or consenting to the sale of the Dunleer estate. As set out in this clause, the property was on the the forfeiture to pass to Lord Gormanston, one of the defendants. Agreements for sale were made with the tenants on 1st May, 1908, but the lands were not vested in the tenants until the 8th March, 1923:—Held, by the Court of...