Leggett and Others v Irish Sailors' and Soldiers' Land Trust and Attorney General

JurisdictionIreland
Judgment Date01 January 1946
Date01 January 1946
CourtSupreme Court
(S.C.),
Leggett and Others
and
Irish Sailors' and Soldiers' Land Trust and the Attorney-General

-Provision of dwelling-houses for ex-servicemen -Status of Trust and ex-servicemen as landlord and tenant - Power to charge rent.

It was held (per Kennedy C.J.), that the Irish Sailors' and Soldiers' Land Trust was created in favour of ex-servicemen as a thank offering and that theTrust had no power to collect rents by way of refund to the British Treasury. The Trust was a private one. The occupants of Trust houses were cestuis que trustent in possession and bound by no tenancy agreements, but they were bound to maintain their houses. It was held (per Murnaghan J.; Fitzgibbon J. agreeing) that, though the lands were held in trust to provide houses for ex-servicemen, the absence of the Attorney-General as plaintiff disposed of a claim to...

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2 cases
  • County Council of Westmeath v Claffey
    • Ireland
    • Supreme Court
    • 1 January 1953
    ...Al. and Nap. 326. (4) Al. and Nap. 345. (5) [1902] 1 I. R. 114. (6) 8 Ir. Ch. R. 578. (7) 9 App. Cas. 561. (8) [1899] 1 I. R. 113. (9) 80 I. L. T. R. 33. (10) 1 Bur, 440. (1) 15 Ves. (Jun.) 258. (1) [1899] 1 I. R. 113, at pp. 121 and 122. (2) 15 Ves. (Jun.) 258. (3) 4 Co. 119. (4) Al. and N......
  • Flahive v Irish Sailors and Soldiers Land Trust
    • Ireland
    • High Court
    • 3 December 1959
    ...Since the decision of the Supreme Court in Leggett and Others v. The Irish Sailors and Soldiers Land Trust and the Attorney-GeneralDLTR 80 I.L.T.R. 33, no rent had been paid by any of the tenants including McA. and J. F. or subsequently by M. F. in respect of the cottages occupied by each o......

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