Graydon v Trustees of Morgan's Charity

JurisdictionIreland
Judgment Date01 February 1895
Date01 February 1895
CourtCourt of Appeal (Ireland)
Graydon
and
Trustees of Morgan's Charity (1).

Appeal.

DETERMINED BY

THE QUEEN'S BENCH AND EXCHEQUER DIVISIONS

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1895.

Demesne land — Trustees of a charitable institution, landlords — Undemesning — Land Law (Ireland) Act, 1881 (44 & 45 Vict. c. 49).

M., who was possessed of extensive estates in Ireland, including the lands of N. in the county of Dublin, held under lease for lives renewable for ever, by his will, dated the 10th March, 1783, devised all his real estates and other property to trustees, including the Lord Primate of Ireland, the Lord Chancellor of Ireland, the Archbishop of Dublin, the Chief Justices of the King's Bench and Common Pleas, the Chief Baron of the Exchequer, and other official persons, for certain charitable purposes. The will was disputed by the heir-at-law, but by an agreement the property was divided between the trustees and him. In the lifetime of M. the lands of N. were demesne lands; but the property which he devised to the trustees of his will was to be used solely for charitable purposes. While the litigation was pending a lease was made to A. G. in 1786 of the lands of N., which were afterwards allotted to the trustees of the charity, and further leases were made by the trustees to A. G. and his successors, in whose family the holding had always remained. The last lease was dated the 4th December, 1878, for the term of twenty-one years, and all the leases described the holding as that part of the lands of N. “commonly called the mansion-house, garden, and demesne of N.” The last lease contained. besides the usual covenants, a covenant that the lessee would reside on the lands, a covenant not to build more than one dwelling-house on the premises, and a covenant not to make any claim for disturbance or improvements:—

Held, by Walker, C., Porter, M.R., and Barry, L.J. (affirming the decision of the Land Commission), diss. Palles, C.B., and FitzGibbon, L.J., that the lands had been undemesned.

By indenture dated the 5th February, 1723, Hugh Henry demised to John Neville the lands of Newcastle in the county of Dublin, containing 255 acres for three lives with a covenant for perpetual renewal at the rent of £150. The lease was renewed by an indenture dated the 6th August, 1764, from Joseph Henry to Richard Neville. The estate of Richard Neville became vested in Richard Morgan, a gentleman possessed of extensive estates in the county of Dublin and elsewhere. He died on the 28th December,

1784, having made a will dated the 10th March, 1788, by which he devised all his real estates and other property to trustees, including the Lord Primate of Ireland, the Lord Chancellor of Ireland, the Archbishop of Dublin, the Chief Justices of the King's Bench and Common Pleas, the Chief Baron of the Exchequer, and other official persons, for certain charitable purposes. The will was disputed by his heir-at-law, John Godley, who was his nephew, and ultimately an agreement was come to, by which the property was to be equally divided between John Godley and the trustees of the charity. For the purpose of carrying this out an Act was passed by the Irish Parliament in 1793, 33 Geo. 3, c. 27. In the life time of Richard Morgan, these lands were all demesne lands, but the portion taken by the trustees of Morgan's schools was to be used solely for charitable purposes. While the litigation was pending a lease was made to Alexander Graydon dated the 22nd June, 1786; subsequently further leases were made by the trustees to Graydon and his successors in title, and the holding had remained in his family from that time to the present. For some time the lands were out of lease, but the Graydons continued in possession under promise of a lease. In 1837 another holding was added, called the Hill Farm, containing about 45 acres. The whole was included in a lease made by the trustees on the 1st July, 1857, for twenty-one years, in which the premises were described as “that part of the lands of Newcastle, late in the possession of Alexander Graydon senior, and now in the possession of Alexander Erasmus Graydon, commonly called the mansion-house, garden, and demesne of Newcastle,” and they contained 181a. 3r. 6p. statute measure, and the rent reserved was £390 a year. The lease reserved to the landlords all timber and other trees, woods, plantations and underwoods except such trees as were registered by Alexander Graydon upon the 24th December, 1821. A new lease was made on the 4th December, 1878, for a further period of twenty-one years, in which the lands were described in the same way, and the lease contained a covenant that the lessee would reside on the lands, a covenant against alienation and sub-letting, a covenant not to build more than one dwelling-house with suitable out-offices on the premises, and a covenant to use all the manure on the premises, and a covenant not to make any claim for disturbance or improvements. The valuation of the whole was £248 5s., of which £221 was on the lands, and £27 5s. on the buildings; on the portion commonly called demesne lands of Newcastle, the valuation was £147 15s. The townland in which the lands were situated was called Newcastle demesne. The trees on the holding were all planted by the tenant or his predecessors, and were duly registered. In 1852, the tenant was seeking to get a reduction of the rent, and on that occasion a letter was written by Mr. Hamilton, the agent of the landlord, to the tenant on the 9th December, 1852, in which he stated—“I laid before the trustees the report I made on the farm at Newcastle. They are willing to lease to you at the present rent but do not consider that any reduction is called for as the house is not valued but merely the land.” The Sub-Commission fixed a fair rent for the holding, the Land Commission affirmed their decision, and from that the landlords appealed.

F. A. P. Hamilton (with him C. Matheson, Q.C.), for the landlords:—

These lands were demesne in the hands of Richard Morgan, and the only question is, have they been undemesned? we submit that they have not, and the only ground for holding so is that they are in the possession of a corporation. Had this portion of the lands come to John Godley in the partition there would have been no question; as it is, the fact of a corporation being the landlords does not alter the character of the holding. The lease contains clauses which show that it was intended to be demesne—the covenant that the tenant was to reside on the holding, and the covenant against erecting further buildings, and a covenant not to make any claim for improvements. Moreover the house is a handsome structure suitable for the residence of a country gentleman.

Bushe, Q.C., and Wakely, for the tenant:—

The trustees of a charity cannot hold demesne lands, and Richard Morgan by leaving the lands to trustees has undemesned them. A demesne must be the demesne of the landlord. The user of the lands shows they are not demesne. Graydon was a sales-master, and he made improvements amounting to the sum of £3000, £2300 of which was on the house. The series of acts of the parties dealing with the property as told in the documents, shows that these lands were dealt with as ordinary agricultural lands.

Cur. adv. vult.

F. A. P. Hamilton (with him C. Matheson, Q.C.), for the landlords:—

Bushe, Q.C., and Wakely, for the tenant:—

Walker, C.:—

This is an appeal from the Land Commission, and the only question argued was whether the lands are demesne lands within the exception of the Land Acts. They are held under a lease dated the 4th December, 1878, made by a charitable corporation, the trustees of Morgan's Charity schools to Alexander Graydon for a term of twenty-one years at the yearly rent of £390. The acreage is 181a. 3r. 6p. statute measure, and we have been furnished during the progress of the case with fuller information as to the title than was laid before the Court below.

The title to the landlord's interest appears to be the following:—By lease dated the 5th February, 1723, Hugh Henry demised to John Neville all that and those the town and lands of Newcastle, containing 255 acres, to hold for lives renewable for ever at the yearly rent of £150 and a peppercorn fine. This lease was renewed on the 6th August, 1764: no further renewal or fee-farm grant appears to have been taken out. The interest in this lease subsequently became vested in Richard Morgan, and it would seem that he built on the lands, a house called by him Newcastle House, and attached a demesne to it. Richard Morgan died on the 28th December, 1784, without issue, leaving John Godley his heir-at-law, and having made a will dated the 10th March, 1773, whereby he devised large estates, including these lands of Newcastle, in trust for charitable purposes. The will was disputed, and pending the suit, an agreement of the 17th April, 1792, was entered into between the heir and the trustees to divide the estates. An Act of Parliament was passed of 33 Geo. 3, c. 27, to confirm and carry out this agreement, and by it all Richard Morgan's estates were vested in the Archbishop of Armagh, the Lord Chancellor, the Archbishop of Dublin, the Chief Justice of the King's Bench, the Chief Justice of the Common Pleas, the Chief Baron, and John Godley, subject to the leases of the premises, upon trust as to one moiety for John Godley and as to the other moiety for the charitable uses and purposes mentioned in the will of Richard Morgan, subject to one moiety of his debts, and of the annuities and legacies in his will, and the expenses of obtaining the Act.

By this Act the trustees were incorporated under the name of the trustees of Morgan's Charity Schools. One of the leases saved by the Act and agreement would appear to be a lease dated the 22nd June, 1786, made by John Godley to Alexander...

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2 cases
  • Magner, Tenant; Hawkes, Landlord (No. 2)
    • Ireland
    • King's Bench Division (Ireland)
    • 1 d1 Janeiro d1 1900
    ......H., who by will devised all his property to trustees, upon trust as to the said lands, after providing a jointure for his ...When the question came again before the Court in 1895, in Graydon v. Trustees of Morgati'x Charily (2), I said (at p. 533), "Until Mmjner v. ......
  • Barton, Grantor; Fisher, Grantee
    • Ireland
    • Court of Appeal (Ireland)
    • 23 d5 Novembro d5 1900
    ......ThomsonDLTR 32 Ir. L. T. R. 167. Graydon v. Trustees of Morgan's Charity Ibid. 513. Kelly v. Rattey ......

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