Re The Belfast Corporation; Re The Great Northern Railway Company ; and Re The Bally-Castle Railway Co; ex parte Viscountess Harberton, Petitioner

JurisdictionIreland
CourtChancery Division (Ireland)
Judgment Date01 May 1893
Date01 May 1893

V.-C.

IN RE THE BELFAST CORPORATION; IN RE THE GREAT NORTHERN RAILWAY CO.; AND IN RE THE BALLY-CASTLE RAILWAY CO; EX PARTE VISCOUNTESS HARBERTON,
PETITIONER.

Ex parte RichardsUNK 25 L. R. Ir. 175.

Eden v. ThompsonENR 2 H. & M. 6.

In re BarehamELR 17 Ch. D. 329.

sects. 69, 80 Order for payment of dividends to tenant for life Order for payment of dividends to person absolutely entitled Subsequent motion for payment out of Court of corpus of fund Costs.

IN RE THE BELFAST CORPORATION ; IN RE THE GREAT NORTHERN RAILWAY CO. ; AND IN RE THE BALLYÂÂCASTLE RAILWAY CO ; Ex PARTE VISCOUNTESS HARBERTON, PETITIONER. Land Clauses Act, sects. 69, 80-Order for payment of dividends to tenant for life-Order for payment of dividends to person absolutely entitled-SubseÂÂquent motion for payment out of Court of corpus of fund-Costs. Notwithstanding previous orders for payment to a tenant for life of dividends on purchase-money of lands compulsorily taken, the costs of which have been borne by the Company, the Court will order the Company to pay the costs of an application by the tenant for life for payment out of Court of the corpus to trustees under the provisions of the Settled Land Act, 1882. Secus where the applicant was absolutely entitled to the fund at the time when the application for payment of dividends only was made. Ex parte Richards (25 L. R. Ir. 175) not followed. PETITION by the Viscountess Harberton for payment to the trustees of an indenture of settement dated 22nd March, 1862, of the sums of 1690 18s. 8d., 612 ls. 9d., 278 14s., and 102 16s. 6d. The sums of 1690 18s. 8d., and the sum of 102 16s. 6d. represented sums of 1680 and 104 18s., awarded as compensation for lands taken by the Belfast Corporation ; and the sum of 278 14s. represented a sum of 276 19s., awarded as compensation for lands taken by the Ballycastle Railway ComÂÂpany. The lands so taken formed part of lands comprised in and subject to the limitations contained in the said indenture of settlement of 22nd March, 1862. The sum of 612 ls. 9d. represented a sum of 600 ls. 8d., awarded as compensation for lands taken by the Banbridge RailÂÂway Company, and had been paid into Court by the Great Northern Railway Company, to whom the undertaking of the Banbridge Railway Company had been sold. The said lands formed part of the lands of Lacken, to which the petitioner was absolutely entitled for her separate use. She was also entitled to Vox,. XXXI.] CHANCERY DIVISION. 259 a first charge...

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