Heard v Gabbett

• Jurisdiction: Ireland
• Judgment Date: 21 April 1915
• Date: 21 April 1915
• Court: Chancery Division (Ireland)

Heard

and

Gabbett.

Ross J.

CASES

DETERMINED 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.

1915.

Land Purchase Acts — Irish Land Act, 1903 (3 Edw. 7, c. 37), s. 48 — Bonus — Will — Construction — Gift of Proceeds of Sale of Lands being sold to Tenants.

The percentage or bonus payable under sect. 48 of the Irish Land Act, 1903, is a personal thing given as an inducement to an owner to sell lands. It is not an interest in the lands sold, nor is it part of the proceeds of sale of the lands, and therefore does not pass under a gift in a will of “my lands … being sold to the tenants under the Land Law (Ireland) Act, 1903, and the proceeds thereof when sold.”

View of Eve J. in Tremayne v. Rashleigh, [1908] 1 Ch. 681, that the bonus is an interest in the lands, dissented from.

Summons for the determination of questions arising on the construction of the will of Thomas Richard Gabbett.

The testator died on the 5th January, 1910. By his will, dated the 30th September, 1909, the testator, after appointing his sister, Mary Caroline Gabbett (since deceased), and Richard Heard, to be executors and trustees of his will, proceeded as follows:—“I give, devise, and bequeath my property in the county of Limerick … which is being sold to the tenants under the Land Law (Ireland) Act, 1903, and the proceeds thereof when sold unto my trustees upon trust to sell, call in and convert into money the same, and after payment of all charges affecting same to invest the residue of the moneys produced by such sale in some or one of the securities authorised by law for investment of trust funds, with power for my trustees to vary such investment, and shall stand possessed of the residue of the said moneys produced by such sale and the investments for the time being representing the same upon the trusts following, in trust to pay the income to my sisters, Wilhelmina Jane Gabbett and Mary Caroline Gabbett during life and from and after the decease of the survivor of my said sisters as to all said property in the county of Limerick, … and the proceeds thereof and the investments for the time being representing the same in trust for my cousin, Wyndham Gabbett, absolutely, and as to all the rest, residue, and remainder of my property not otherwise disposed of by this my will, I give and bequeath the same to my said sisters … in equal shares.” …

At the time of his death the testator...