Re The Estate of Patrick Sarsfield Colclough and Adam Vesey Colclough, Owners and Petitioners. ex parte George Harrison Reade

• Jurisdiction: Ireland
• Judgment Date: 22 June 1858
• Date: 22 June 1858
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

In re the Estate of PATRICK SARSFIELD COLCLOUGH And ADAM VESEY COLCLOUGH,

Owners and Petitioners.

Ex parte GEORGE HARRISON READE.

Swan v. Colclough H. & J. 807.

Berrington v. Evans 1 Y. & Col. 434.

Bermingham v. BurkeENR 2 Jo. & Lat. 714.

330 CHANCERY REPORTS. 1858: Ch.KApoid. Court of iipptai in Cbanterr. In re the Estate of PATRICK SARSFIELD COLCLOUGH and ADAM VESEY COLCLOUGH, Owners and Petitioners. Ex parte GEORGE HARRISON READE. June 22. In 1806, P. C. Tins was an appeal from a ruling of the Commissioners of the obtained a lease of the Incumbered Estates Court, by which they had allowed the claim lands of J. K., for his own Mrs. Brennan, a sister of the owner, to a sum of 500 charged life or thirty- by the will of her grandfather on the lands sold in this matter. one years; and in 1815 A petition for sale of the lands was presented in the Incumbered obtained a re newal, also for Estates Court, on the 13th of March 1854. The lands were afterÂÂlives or thirty one years. P. wards sold, and the final schedule of incumbrances brought in on C., by his will, devised these the 12th of June 1857. On the settlement of the schedule, Mrs. lands, charged wish portions Brennan's claim was allowed by Commissioner Longfield. By of 500 for each of his permission of the Commissioner, the question was again discussed grand-daugh- to his before him on the 23rd of February 1858, when he affirmed his ters, grandson P. former ruling ; and on the 28th of February 1858, the Full'Court S. C., for life. In 1826, P. S. of Commissioners, on appeal, affirmed the Commissioner's ruling. C. demised a portion of the lands to his father, S. C., for a term of nineteen years, at a profit-rent of 276. The interest on the legacies of 500 having fallen into arrear, a deed was executed in 1832, by which P. S. C. conveyed to trustees the profit-rent of 276 reserved in the lease of 1826, for the residue of the nineteen years, for the purpose of providing for the payment of the arrears, and of the two accruing gales of the legacies due to his sisters, who agreed to accept this arrangement in lieu and full satisfaction of their legacies of 500 each. Subsequently the renewal of 1815 proved invalid, in consequence of which the residue of the nineteen years expired in 1837, and the fund produced thereby was inadequate for the payment of the arrears and accruing gales of the legacies.-Held, that the legatees were not barred by the deed of 1832. Held also, that where an order for a sale has been made, that order is to be con- sidered as having been made on behalf of every person who has an interest in the proceeds of the sale ; and a party thus interested is exonerated from the necessity of taking proceedings, which might otherwise have been necessary in order to preÂÂvent his claims being barred by the Statute of Limitations. Therefore where, at the suit of A, an order was made for the sale of lands in 1854, B, who was entitled to a charge on the lands, which charge was subsisting in 1835, was not barred from establishing her claim on the final schedule settled in 1857, although no payment had been received, or proceeding taken on her behalf, for more than twenty years. CHANCERY REPORTS. 331 On the argument of the present appeal, the claim of Mrs. Brennan was resisted on two distinct grounds :-First ; that a certain arrangement, made in 1832, between the owner and his four sisters, of whom Mrs. Brennan was one, was accepted by them in full satisfaction and discharge of their respective portions of 500 each ; and that by virtue of that arrangement, the claimÂÂant was precluded from setting up her demand, even although it had never been actually paid.-[The facts of this part of the case are so fully stated in the judgment of the Chief Commissioner, that it is unnecessary to detail them in this part of the report]. Secondly ; then as no payment of either principal or interest on foot of the legacy had been made since 1832, the claim was barred by the Statute of Limitations.* On the argument before the Full Court of Commissioners, the judgment of the Court was pronounced by.- The CHIEF COMMISSIONER. In this case, Mary Brennan, otherwise Colclough, a sister of the owner, claims to be entitled to a sum of 500, late Irish currency, charged on the lands sold in this matter, and her claim has been allowed by Mr. LONGFIELD. The charge was created by the will of Patrick Colclough, the grandfather of the owner and of the claimant, by which the testator devised the lands sold, together with his interest in certain other lands called Kildavin, to the owner, Patrick Sarsfield Colclough, charged with 500 for each of the owner's four sisters ; one of whom, having died an infant, may be put...