Lyons, deceased; Liston v Lyons

• Jurisdiction: Ireland
• Judgment Date: 01 January 1944
• Date: 01 January 1944
• Court: Chancery Division (Ireland)

(S.C.),

Lyons, deceased; Liston

and

Lyons

Effect of order for sale made in mortgage suit - Whether doctrine of conversion is that real estate is regarded as personal estate or land is regarded as money - Effect of order for sale of tenant's in erest in lands subject to Land Acts on vesting order vesting fee-simple in tenant -How lands subject to order for sale to be valued for the purposes of the Intestates Estates Act, 1890 -Judicial discretion - Exercise of discretion varied by Court of Appeal - Special circumstances - Probate (Ir.) Act, 1857 (20 21 Vict., c. 79), s. 78 - Intestates Estates Act, 1890 (53 54 Vict., c. 29), ss. 1, 5, 6 - Registration of Title Act, 1891 (54 55 Vict., c. 66).

1. J. L. died intestate in 1939 without issue, but leaving his widow him surviving. His assets included free-hold registered lands which had been vested in him by the Land commission in 1938. In 1936 an order for the sale of his tenant's interest in the lands had been made in a mortgage suit in which he was the defendant. The personal representative of his widow claimed that the lands should be valued as real estate under s. 5 of the Intestates Estates Act, 1890, and that when the lands were so valued, the next-of-kin of J. L. had no beneficial interest therein. The next-of-kin contended that the order for sale effected a conversion of the lands and that they should be valued as...