Nugent's Estate

JurisdictionIreland
CourtLand Commission (Ireland)
Judgment Date20 March 1924
Date20 March 1924

L. C.

Nugent's Estate.
ESTATE of SIR E. C. NUGENT and Another, Co. Meath

Landlord and tenant - Demesne - Farm usually occupied therewith - Land

Act (I.F.S.), No. 42 of 1923, sect. 24, sub-s. 2 (c).

Objection on behalf of Lady Mowbray and Stourton, as tenant of a holding on the estate of Sir E. C. Nugent and Mrs. Banks, County Meath, to the particulars of the said estate furnished by the owners thereof to the Irish Land Commission on the ground that the said holding was not mentioned in the particulars.

The holding, consisting of part of the townland of Colvinstown, in the County Meath, formed part of a settled estate of which Lady Mowbray and Stourton is tenant for life. Portion of the holding, containing 278 acres Statute measure, was held from Sir E. C. Nugent and Mrs. Banks under a lease dated 1st June, 1867, which contained a covenant by the lessee to"occupy the said farm and lands hereby demised as a grass farm only, and will not during this demise have more than 30 acres of the said farm and lands in tillage." That lease expired, and since then up to the passing of the Land Act, 1923, the lands have been held under a yearly tenancy subject to the yearly rent of £500. The remaining portion adjoining Corbalton Hall, where Lady Mowbray and Stourton lives, is marked on the Ordnance Survey map as demesne lands.

A tenant's holding, which consisted of a small demesne and of a large farm held separately, but used together, held to be a "holding usually occupied by a person in connexion with a demesne," within sect. 24, sub-s. 2 (c), of the Land Act (I.F.S.), No. 42 of 1923.

Wylie J. :—

I am surprised that the tenant of this holding, who is the owner of this demesne, is making this application. She is deliberately abandoning the safeguarding provisions of the Act and making it possible to have the holding taken for the several purposes of the Act. The application, however, having come before me I must decide it. Mr. Jellett says that the holding is now incorporated in the demesne and is "tenanted...

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1 cases
  • Re Nugent's Estate
    • Ireland
    • Supreme Court (Irish Free State)
    • 3 July 1925
    ...under sect. 24, sub-s. 8, of the Land Act, 1923, from an order of Wylie J. The report of the case in the Court below will be found in [1924] 1 I.R. 96. The appeal was brought on behalf of the tenant, Lady Mowbray and Stourton, tenant for life, and on behalf of Colonel Edward Francis Farrell......

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