Meara v Meara

• Jurisdiction: Ireland
• Judgment Date: 06 May 1858
• Date: 06 May 1858
• Court: High Court of Chancery (Ireland)

Chancery.

MEARA

and

MEARA.

Wilkinson v. Lloyd 7 Q. B. 27.

Lloyd v. CrispeENR 5 Taunt. 249.

Mortlock v. Butler 10 Ves. 315.

Nelthorp v. HolgateENR 1 Coll. 203.

Shaw v. TophamENR 19 Beav. 576

Seton v. Slade 7 Ves. 265.

Hamilton v. Royse 2 Sch. & Lef. 315.

Metcalfe v. Archbishop of YorkENR 6 Sim. 224.

Troy v. Kirh Alc. & N. 326.

Ellard v. Llandaff 1 Ba. & Bea. 241.

CHANCERY REPORTS. 37 1858. Chancery. MEARA v. MEARA. (Chancery.) May 5, 6. MICHAEL MEARA the respondent was father of the petitioner Martin Meara, and was, in 1855, possessed of 53a. 3r. 12p., for a term of thirty-one years from November 1850, at a rent of 22 per annum, under a lease which contained a covenant against assignment or sub-letting, and a condition of re-entry upon breach of any of the covenants. In May 1855, the following memorandum of agreement was drawn up :-" Memorandum of an agreement entered into this 24th day of May 1855, between Michael Meara, of, &c., and Martin Meara, of, &c. Whereas the said Michael Meara is desirous to transfer and make over all his right, title and interest in the lands of Kilnafinch, unto the said Martin Meara his son, doth,* under the following agreement ; that is to say, the said M. Meara to commence the rent thereof as due to the landlord under a certain lease, from the 1st day of November 1854, and to pay, in addition, 9 due thereof as an arrear ; reserving unto the said Michael Meara the house and yard now in his possession, until he can conveniently leave it ; together with one and a-half acres of wheat now thereon sown, which is in lieu of 40, provided it makes that money; and if not, he, the said Martin Meara, to add thereto, to the amount of the 40 aforesaid, with one acre of oats not to be allowed for; and also reserving two acres of said lands, free and clear of rent, during the term of original lease yet to run, about twenty-six years; and further, to pay unto Mary and Margaret, the two sisters of the said Martin, 25 each, as their fortunes. And the said Michael Meara makes over, under the above memorandum, the said lands of Kilnafinch ; and this agreement is witnessed, and deposited with Mr. John G-leeson, of Nenagh, that it may be fulfilled by the parties, and strictly carried into effect, according to the true intent and 38 CHANCERY REPORTS. meaning thereof.--Witnessed by me, Edward Gleason, this 24th day of May 1855.-MICHAEL LOUGHNAN." This memorandum was written from the instructions of the parÂÂties, in presence of both ; it was read to both parties...