Estate of Grier

CourtHouse of Lords (Ireland)
Judgment Date18 July 1872
Date18 July 1872

H. L.


Domville, Lawrence, & Graham L. R. W. Notes, 3rd August, 1872, p. 181.

Settlement — "Issue" — Court of Appeal.

386 THE IRISH REPORTS. [I. R. V. C. Court. was,entitled to hold the lands for his own benefit, free from any 1872. personal equity or obligation. A decree was, however, made SEXTON against him, declaring him a trustee of the lands for the legatees, M'GRATIT. 'and they were sold in that suit at a considerable advance of price. It was held that, though the operation of the conveyance was to pass the estate free from all prior estates and interests, it could not prevent the equity arising from the fiduciary position of the purÂÂÂ.chaser attaching upon the property acquired by him by the purÂÂÂchase. I have never had any doubt of the soundness of the principle applied to that case, and I am of opinion that the same principle governs the present. Upon these grounds, I am clearly of opinion that the lease in this case is a good lease in equity ; and the only question is, wheÂÂÂther it is not good even at law-whether it does not take effect by way of estoppel. The decree will be, to execute a proper deed of confirmation of the old lease, and not to execute a new one. Decree accordingly. Solicitor for the Plaintiff : Mr. Timothy Bunton. Solicitors for the Defendant : Messrs. Whitton 8„, Smyth. H. L. 1872. July 18. (110-USE OF LORDS). ESTATE OF GRIER. Settlement-" Issue"- Court of Appeal. APPEAL against a judgment of the Court of Appeal in ChanÂÂÂcery, which had reversed a previous decision of Judge Lynch in the Landed Estates Court (1). The Solicitor-General (Sir G. Jessel), and Mr. J. F. Walker (of the Irish Bar), for the Appellant. Mr. G. A. C. May, Q. C., and Mr. Chaworth Ferguson (both of the Irish Bar), for the Respondent. The Lords expressed a clear opinion that the covenant in the (1) See the Report, ante, p. 1. Vol.. VI.] EQUITY SERIES. 387 marriage articles required a settlement to the sons in succession in H. L. strict settlement ; and that, had a bill been filed for specific per- 1872. formance of the covenant, such would have been the form of the In re GRIER'S settlement which the Court of Chancery would have directed. The ESTATE Court of Appeal...

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