Re St. George Garde Browne; A Person of Unsound Mind

• Jurisdiction: Ireland
• Judge: L. C.
• Judgment Date: 10 February 1910
• Court: Chancery Division (Ireland)
• Date: 10 February 1910

In re St. George Garde Browne; A Person of Unsound Mind.

L. C.

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.

1911.

Perpetuity — Renewable Leasehold Conversion Act, 1849 (12 & 13 Vict. c. 105) — Fee — farm grant — Covenant to fine down rent to a peppercorn, and to accept sixteen years' purchase of rent reserved.

A covenant in a fee-farm grant made pursuant to the Renewable Leasehold Conversion Act (12 & 13 Vict. c. 105), giving liberty to the grantee, his heirs and assigns, to fine down the rent to a peppercorn, upon payment of sixteen years' purchase of the rent, is not void as offending against the rule against perpetuities.

Motion:—

By a lease for lives renewable for ever, dated the 2nd November, 1791, part of the lands of Farrenverdowney, in the city of Cork (now known as St. Patrick's Hill), were demised by Isaac Kingston to Robert Kingston to hold for three lives therein named and the survivors or survivor of them, and the lives of such other persons as should thereafter be added pursuant to the covenant for perpetual renewal therein contained, at the yearly rent of £42 sterling, and containing a covenant to fine down the said rent to a peppercorn rent on payment of sixteen years' purchase of the rent.

This lease was converted into a fee-farm grant under the provisions of the Renewable Leasehold Conversion Act by a grant, dated the 11th August, 1865, made by the then owners of the reversion, William Wiley, ll.d., Anna Crofton, otherwise Singer, the Reverend Edward Haddock, and Pauline Haddock, otherwise Singer, to William Garde Browne. This fee-farm grant contained the covenant to fine down the rent, which had been transferred from the lease to the fee-farm grant, and was in the following terms:—“And it is hereby covenanted and agreed upon by and between each of them the said William Wiley, Anna Crofton, Edward Haddock, and Pauline Haddock, of the one part, for himself and herself, and as to his and her own acts only, and the said William Garde Browne, of the other part, and their several and respective heirs and assigns, that he, the said William Garde Brown, his heirs and assigns, shall, and may at any time hereafter, during the estate hereby granted, have liberty to fine down and reduce the aforesaid yearly rent of £42 to the yearly rent of one peppercorn upon the said William Garde Browne, his heirs and assigns paying unto the said William Wiley, Anna Crofton, Edward Haddock, and Pauline Haddock, their heirs and assigns sixteen years' purchase, and not more, for the said yearly rent of £42, and that the said William Wiley, Anna Crofton, Edward Haddock, and Pauline Haddock, their heirs and assigns, shall accept sixteen years' purchase for the same; and that, from and immediately after such payment and acceptance, the yearly rent of the said premises shall be one peppercorn only, in place and stead of the said reserved yearly rent of £42.”

By another lease for lives renewable for ever, of the same date, and made between the same parties, another portion of the said lands was demised for the same term and at a like rent of £42. This lease was converted into a fee-farm grant by a grant of the...