Re, Blake's Settled Estates

• Jurisdiction: Ireland
• Judgment Date: 27 November 1932
• Date: 27 November 1932
• Court: Supreme Court (Irish Free State)

S. C., I.F.S.]

In re Blake's Settled Estates

Disentailing deed - Charge for portions under settlement otherwise spent - Limitation of lands "to or in trust for any persons by way of succession" - Settled Land Act, 1882 (45 46 Vict., c. 38), ss. 2, 20.

The Settled Land Act, 1882, s. 2, provides: —"2.—(1) Any deed, will . . . or other instrument, or any number of instruments . . . under or by virtue of which instrument or instruments any land, or any estate or interest in land, stands for the time being limited to or in trust for any persons by way of succession, creates or is for the purposes of this Act a settlement . . ." An application was made for the appointment of trustees of an alleged "compound settlement" consisting of a marriage settlement made in 1832, a disentailing deed made in 1864 (between A. W. B. of the first part, J. A. D.of the second part, and R. B. of the third part), and the will of the said J. A. D. made in 1909, and a codicil thereto. Under the marriage settlement lands were settled subject to certain then existing charges and on usual trusts, and the said J. A. D., becoming tenant in tail in possession, subsequently executed the disentailing deed, and became owner in fee subject to these charges. Held, by Meredith, J., and on appeal his decision was affirmed by the Supreme Court, that after the execution of the disentailing deed there was no settlement within the meaning of the Settled Land Acts, and that the only settlement...