Finch v Jones

• Jurisdiction: Ireland
• Judgment Date: 22 June 1912
• Date: 22 June 1912
• Court: Chancery Division (Ireland)

Finch

and

Jones.

M. R.

CASES

DETERMINITD BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND.

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1912.

Land purchase — Bonus — Sale by tenant for life — Trust for sale — Costs — Settled Land Acts, 1882, s. 63; 1884, s. 7.

Even though there are trustees in existence who could carry out the sale, and though the effect will be to alter the destination of the bonus, the Court may, where lands are held under a trust for sale, grant permission under s. 7 (2) of the Settled Land Act, 1884, to exercise the powers of a tenant for life for the purpose of effecting a sale under the Irish Land Acts, to the persons beneficially entitled to the income for the time being, where it considers such a course to be for the benefit of all parties, but it will direct such persons to pay the costs of all parties to the application out of the bonus: Iever's Settlements, [1904] 1 I. R. 492, followed.

Application on behalf of Charles Singleton Finch and Anna Maria Finch for leave to exercise the statutory powers of a tenant for life pursuant to section 7 of the Settled Land Act, 1884. The application was grounded on the affidavit of Charles Singleton Finch, which was as follows:—

“1. That I did in the month of April, 1859, intermarry with my present wife, then Anna Maria Boyce, and am joint-tenant for life with my said wife of the lands of [setting out the lands the subject of the application] the subject of the sale in this matter, which said lands were purchased by the trustees of my marriage settlement from the Incumbered Estates Court by indenture of conveyance, dated the 5th day of July, 1864 (and he referred to said indenture).

2. That said lands were purchased under the powers and trusts of the said settlement, which is dated the 6th day of April, 1859 [and he referred to said settlement], and that I and my wife, Anna Maria Finch, are the tenants for life under the trusts of said settlement.

3. I say that the said lands are held upon the trusts for sale, therein fully mentioned and fully set out in the said copy settlement.

4. That there has been issue of our marriage the following children and no more, who are all still alive and sui juris, viz., two daughters and one son as follows:—Emily Marcella, now wife of Henry Bevan Exshawe, and born the 29th day of January, 1861, William Charles, born the 14th day of March, 1862, and Marcella, born the 26th day of June, 1866.

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