Re Iever's Settlements

• Jurisdiction: Ireland
• Judge: Barton, J.
• Judgment Date: 31 October 1904
• Court: Chancery Division (Ireland)
• Docket Number: (1904. No. 795.)
• Date: 31 October 1904

In re Lever's Settlements.

Barton, J.

Appeal.

(1904. No. 795.)

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1904.

Settled land — Trust for sale — Tenant for life — Sale to tenants — Leave of Court — Bonus — Irish Land Act, 1903, s. 48 (3 Edw. 7, c. 37) — Irish Land Act, 1904, s. 3 (4 Edw. 7, c. 34) — Settled Land Act, 1882, s. 63 (45 & 46 Vict. c. 38) — Settled Land Act, 1884, s. 7 (47 & 48 Vict. c. 18).

where a person who is, under sect. 63 of the settled land act, 1882, to be deemed tenant for life, has entered into agreements with the tenants to sell to them under the provisions of the irish land acts, 1903, 1904, and applies to the court, under sect. 7 (ii) of the settled land act, 1884, for leave to sell, if the proposed sale is otherwise proper and advantageous to all parties, the court will not deprive the tenant for life of his power to sell merely because the bonus payable under sect. 48 of the irish land act, 1903, will be paid to him as his absolute property, under sect. 3 of the irish land act, 1904.

By an indenture of settlement, dated 31st January, 1899, being a settlement made on the marriage of James Butler levers and Ernesta Carlotta Nina Whitla, the said James Butler levers conveyed to trustees therein named certain lands and premises therein described to the trustees in fee-simple upon trust after the solemnization of the marriage to sell same, but during the life of the said James Butler levers and Ernesta Carlotta Nina Whitla, or the life of the survivor of them, with their, his, or her consent in writing; and it was agreed that the trustees should stand possessed of the proceeds of the sale and of the rents and profits of the premises until sold upon the trusts declared concerning same in an indenture of even date therewith. And it was further agreed that the premises or any part thereof might be retained unsold, so long as the trustees should think proper, but should be deemed personal estate and devolve as such, and that until all the premises were sold the trustees might, with the consent of said James Butler levers and Ernesta Carlotta Nina Whitla, or the survivor of them, and after the death of both, at the discretion of the trustees, exercise with regard to the unsold part, all the powers of leasing and making exchanges, and powers incidental conferred on a tenant for life by the Settled Land Acts.

By the indenture of even date above referred to, the trusts declared concerning the above premises were for the said James Butler levers for life, with remainder to the said Carlotta Nina Whitla for life, remainder to the children of the marriage upon the usual trusts, remainder in the event of...