Farrelly v Farrelly

• Jurisdiction: Ireland
• Judgment Date: 15 April 1918
• Date: 15 April 1918
• Court: Court of Appeal (Ireland)

FARRELLY

and

FARRELLY

Appeal.

Administration — Registered freehold land —, 1890 — Realty or Personalty —, 1891 (54 & 55 Vict. c. 66), ss. 85, 86 —, 1890 (53 & 54 Vict. c. 29), ss. 4, 5, 6.

In re Heath, Heath v. WidgeonELR [1902] 2 Ch. 270.

In re Jones, Elgood v. KinderleyELR [1902] 1 Ch. 92.

In re Kempster, Kempster v. KempsterELR [1906] 1 Ch. 446.

In re Manser, Killick v. ManserUNK [910] W. N. 61.

In re Sharman, Wright v. SharmanELR [1901] 2 Ch. 280.

In re Williams, Holder v. WilliamsELR [1904] 1 Ch. 52.

Inland Revenue Commissioners v. CookmanIR [1915] 2 I. R. 149.

Leonard v. DowlingIR [1916] 1. I. R. 359.

Longworth v. CampbellINTL [1910] 1 I. L. R. 23.

Longworth v. CampbellIR [1910] 1 I. R. 23.

Naughton v. NaughtonIR [1910] 1 I. R. 363.

488 THE IRISH REPORTS. (1918., FARRELLY v. FARRELLY (1). Appeal. Administration — Registered freehold land— Valuation under Intestates' 1918. Estates Act, 1890—Realty or Personalty —Local Registration of Title April 12, 15. (Ireland) Act, 1891 (54 & 55 Viet. c. 66), ss. 85, 86—Intestates' Estates Act, 1890 (53 & 54 Vict. c. 29), ss. 4, 5,..6. Freehold registered land to which Part 11T of the"Loeal Registration of Title (Ireland) Act, 1891 (54 & 55 Vict. c. 66), applies, is, for the purposes of the Intestates' Estates Act, 1890 (53 & 54 Vict. c. 29), real and not personal estate, and should accordingly be valued as such under the provisions of sect. 5 of the latter Act. CASE STATED by Madden J. at the Longford Summer Assizes, 1917, as follows : 1. Thomas Farrelly, late of Currygrane, in the county of Longford, deceased, died on the 16th November, 1916, intestate, without lawful issue, and leaving his widow, the defendant, and lawful brothers and sisters, of whom the plaintiffs are two, and children of a lawful sister as his next-of-kin. 2. On the 13th December, 1916, letters of administration to the estate of the said deceased were granted to the defendant. 3. On the 20th February, 1917, a primary decree was made by the County Court Judge of Longford for the administration of the estate of the said deceased in the present suit. 4. The Clerk of the Crown and Peace by his certificate, dated the 19th April, 1917, found that the amount of- the pure personal estate of the deceased was £419 ls. 3d. The deceased was also possessed of two farms of land situate at Currygrane, in the county of Longford, viz., (a) part of the lands of Currygrane, containing about 28 acres 3 roods and 15 perches statute measure, subject to an annuity of £7 8s. 6d., payable to the Irish Land Commission until an advance of £212 has been repaid. The annual valuation of the said lands is £13 5s.; (b) part of the lands of Currygrane, containing about 11 acres and 2 roods statute measure, subject to an annuity of £4 ls. 2d., payable to the Irish Land Commission until an advance of £116 has been repaid. The annual value of the said lands is £8 5s. (1) Before SIR IGNATIUS J. O'BRIEN C., and RONAN and MoLora Vol.. I.] CHANCERY DIVISION. 489 5. The said lands were duly registered under the provisions of Appeal. the Local Registration of Title (Ireland) Act, 1891, on -the 1918. 18th April, 1916., The Clerk of the Crown and Peace by his FIRRELLY ,v. said certificate held that the said lands descended as personalty in FARRELLY., ascertaining the right of the defendant in respect thereto. 6. On the 3rd May, 1917, the County Court Judge confirmed the said certificate, holding that the lands should be valued as personalty under sect. 6 of the Intestates' Estates Acts, 1890, and ordered the sale of the said lands. 7. The defendant on the 7th May, 1917, appealed against the said order of the County Court Judge. The appeal was heard by me on the 4th July, 1917. 8. Mr. Wylie K.C. and Mr. Wood appeared for the defendant, and contended that the lands, although registered under the provisions of the Local Registration of Title (Ireland) Act, .1891, should be valued as realty under sect. 5 of the Intestates' Estates Act, 1890. Mr. Wylie applied that a case be stated on the point for the decision of the Court of Appeal. Mr. Farrell appeared for the plaintiffs, and submitted that the lands should be valued .as personalty under sect. 6 of the Intestates' Estates Act, 1890. Mr. Farrell agreed to the statement of a case to the Court of Appeal. As the matter was one of general importance, and would affect the rights of the parties in a very substantial manner, I acquiesced in the desire of the parties. 9. The question for the decision of the Court is : Should the lands, which are registered under the provisions of the Local Registration of Title (Ireland) Act, 1891, be valized for the purposes of the Intestates' Estates Act, 1890, as realty under sect. 5, or as personalty under sect. 6 ? 10. I adjourned the appeal to next Assizes, to enable the parties to obtain the decision of the Court on the important point of law raised by the appeal. Wylie K.C. and Wood, for the defendant in the suit : Part IV of the Local Registration of Title (Ireland) Act, 1891, only applies to freehold registered land which has been at any time sold or conveyed to or vested in a purchaser under any of the provisions of the Purchase of Land (Ireland) Acts (sect. 1). The 490 THE IRISH REPORTS. [1918.. Appeal. interest acquired by a purchasing tenant under these Acts is a 1918. freehold estate ; the lands remain realty throughout, notwith FARRELLY standing registration, and they must be valued as realty under FA RRELLY. sect. 5 of the Act of 1890, and not as personalty under sect. 6. That the interest acquired by a purchasing tenant is realty -is clearly...