Hayes' Estate

• Jurisdiction: Ireland
• Judgment Date: 24 February 1920
• Date: 24 February 1920
• Court: Land Commission (Ireland)

Hayes' Estate.

HAYES' ESTATE

Land Com.

Joint tenancy - Severance.

An agreement for sale entered into by all joint tenants operates as a severance of the joint tenancy.

Objection to Final Schedule of Incumbrances.

The facts, in so far as they are material to the present report, are as follows:—

Upon the death of Sir Edmund Samuel Hayes, in 1860, his nine daughters became entitled under his will to the lands sold in this matter as joint tenants in fee in remainders after the determination of certain estates tail created by said will. The estates tail determined on the 27th January, 1912, upon the death of Sir Edmund Francis Hayes without male issue. In 1872 Mary Hayes, one of the daughters, married James Patterson, and by her marriage settlement conveyed to the trustees thereof, amongst other property, all real estate to which she was then entitled or which she might acquire during the marriage. Maria Hayes, another daughter, died in 1882, without having done any act to sever her interest as a joint tenant. Elizabeth Hayes, another daughter, died in 1899, also without severing her interest in the joint tenancy. In 1879 Emma Agnes Hayes, another daughter, married Colonel Woods, but her marriage settlement did not affect her interest as joint tenant. The other five daughters were alive and unmarried at the death of Sir Edmund Francis Hayes, on whose decease without issue male the remainder to the daughters fell into possession. Mrs. Patterson, the daughter who first married and severed her joint tenancy, died in 1879, leaving one child, now Mrs. Ballard, entitled to her one-ninth share. There were thus only six daughters living when the remainder fell into possession. Those six entered into an agreement with the Congested Districts Board in December, 1912, for the sale of the entire interest in the lands sold herein. They satisfied the Land Commission as to their prima facie right to sell, and the sale was carried out, the purchase-money advanced, and the entire lands vested in the Board. In the fuller investigation of the title for the purpose of the distribution of the purchase-money, Mrs. Patterson's settlement turned up, and Mrs. Ballard's right to her mother's one-ninth share appeared clear. Since the execution of the agreement for sale two of the vendors died, viz., Emily Hayes on the 11th December, 1915, and Alice Caroline Hayes on the 18th February, 1917. An objection to the final schedule raised a number of questions, of which only...