Collins v Collins

• Jurisdiction: Ireland
• Judgment Date: 06 March 1924
• Date: 06 March 1924
• Docket Number: (1922. No. 101.)
• Court: Court of Appeal (Irish Free State)

Collins v. Collins.

In the Matter of the Estate of PATRICK COLLINS,Deceased. Between ELLEN COLLINS

Plaintiff

and NORAH and HUGH COLLINS

Defendants.

(1922. No. 101.)

(I. F. S.)

Appeal. (I. F. S.)

Administration - Freehold lands - Estate pur autre vie - Agreement to purchase under Land Purchase Acts - Death of tenant before vesting - Registration of Title (Ireland) Act, 1891 (54 & 55 Vict. c. 66,) sect. 84 -Land Law (Ireland) Act, 1896 (59 & 60 Vict. c. 47), sect. 32 -Devolution.

A tenant of an estate pur autre vie agreed to purchase his holding under the Land Purchase Acts, but died before the lands had been vested or registered. The advance of the purchase-money had previously bee sanctioned.

Held by the Court of Appeal, affirming O'Connor M.R., that on the death of the tenant intestate the lands, although freehold, devolved as personalty.

M'Donnell v. Stenson ([1921] 1 I.R. 80) followed.

Originating Summons for administration adjourned into Court, for the purpose of determining whether certain lands held by the deceased were to be treated for the purpose of administration as personal estate.

By lease dated 29th April, 1853, the Rev. John Jameson granted part of the lands of Mullaghmore East, containing 220 acres statute measure, situate in Co. Galway, to Hugh Collins, his heirs, executors, administrators, and assigns, for the lives of Hugh Collins, Patrick Collins, and Michael Collins, or 31 years, whichever should last longest, at the yearly rent of £51 8s. 10d. Hugh Collins by his will, dated November 22nd, 1900, bequeathed to his son Patrick all his farm and lands wherever situate. Hugh Collins died on 13th August, 1906, and Patrick entered into possession. The landlord of said lands, M. E. F. B. Jameson, applied to the Land Commission to purchase the said estate, including the holding of Patrick Collins, under sect. 6 of the Land Purchase (Ireland) Act, 1903. In pursuance thereof the Land Commission got from Patrick Collins, on April 23rd, 1917, an undertaking to purchase the lands for the sum of £1,190 in case the Land Commission should purchase same under the provisions of the Land Purchase (Ireland) Act, 1903. On May 21st, 1917, the Land Commission agreed to purchase the estate of M. E. F. B. Jameson, including the holding of Patrick Collins. Before any vesting order had been executed, Patrick Collins died intestate on 13th October, 1921. The surviving cestui que vie in the lease of 1853 died on 23rd January, 1923.

The heir-at-law, one of the defendants, appealed (1).

O'Connor M.R. :—

This is a suit for the administration of the personal estate of Patrick Collins, deceased, who died intestate; and the question has arisen whether a farm of land the property of the deceased formed part of his personal estate. The contest is between the heir-at-law and the next-of-kin.

The farm was held by the deceased under a lease for three lives and the survivor of them, or for the term of thirty-one years, whichever should longest last. The demise was to the lessee, his heirs, executors, administrators, and assigns, with the reservation of a rent. At the date of the death of the intestate the term of years had expired, and one of the lives was still in existence. In this state of facts, apart from special circumstances, the leasehold interest would have devolved on the heir-at-law as special occupant. But we have to consider whether the agreement by the deceased in his lifetime to purchase his holding under the Land Purchase Acts had any effect on the devolution of the lands on the death of the deceased. He became the purchaser in the following way:—The Land Commission had agreed to purchase the landlord's estate under the provisions...