Re Estate of G. G., a Person of Unsound Mind, deceased

• Jurisdiction: Ireland
• Judgment Date: 28 June 1935
• Date: 28 June 1935
• Court: High Court (Irish Free State)

I. F. S.]

In re Estate of G. G., a Person of Unsound Mind

deceased.

Death of lunatic intestate - Conversion of real estate - Lunacy Regulation (Ir.) Act, 1871 (34 Vict. c. 22), ss. 63 and 67 - Irish Land Act,1903 (3 Ed. 7, c. 37), s. 24 (8), s. 26 - Land Act,1931 (No. 11 of 1931), s. 32.

The Irish Land Act, 1903 (3 Ed. 7, c. 37), s. 26, provides: —Where a person who would otherwise be entitled to sell lands under the Land Purchase Acts is a lunatic, the Lord Chancellor may order the land to be sold as if the sale was required for one of the purposes mentioned in s. 63 of the Lunacy Regulation (Ir.) Act, 1871, and that section shall apply accordingly. The estate of a lunatic, included the following property:—(1) A sum of £81 15s. 8d.. 3¹/₂ per cent. War Loan, being the balance unexpended of a sum of War Loan purchased out of the residue of the purchase money of the lunatic in respect of certain lands sold under the Irish Land Acts, 1903 and 1909. (2) A sum of £123 4¹/₂ per cent. Land Bonds, being the balance unexpended of a sum of Land Bonds the residue of purchase moneys of certain lands of the lunatic sold under the Land Act, 1923. (3) A sum of £259 4¹/₂ per cent. and Bonds, being the share of the lunatic of the purchase money of certain lands wherein he had an undivided one-third interest and which were sold to the Land Commission under the provisions of the Land Act, 1923. (4) A sum of £300 4¹/₂ per cent. Land Bonds, being the redemption price of a superior interest, namely, a rent of £61 1s. 6d. owned by the lunatic and redeemed in a sale under s. 38 of the Land Act, 1923, of the lands out of which the said rent was received. On a summary summons brought for the determination as to which (if any) of the Raid sums of stock were at the date of the lunatic's death personalty so as to pass to his next-of-kin, and which (if any) were realty so as to pass to his heir-at-law. Held, that as s. 26 of the Irish Land Act, 1903, authorised the lands of a lunatic to be sold as if the sale was required for one of the purposes mentioned in s. 63 of the Lunacy Regulation (Ir.) Act, 1871, and made that section applicable, the effect was notionally to re-convert the purchase money into realty, and accordingly the sum of £81 15s. 8d. 3¹/₂per cent. War Loan...