Ryan Cavanagh

• Jurisdiction: Ireland
• Judgment Date: 03 December 1885
• Date: 03 December 1885
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

RYAN

CAVANAGH

Retanqueray-Willaume 20 Ch. Div. 465.

Re Molyneux & WhiteUNK 15 L. R. Ir. 383.

Greene v. Greene Ir. R. 3 Eq. 90. 102.

Paramour v. Yardly Plowd. 539.

Doe v. TatchellENR 3 B. & Ad. 675.

Trail v. BullENR 1 Coll. 352.

M'Connell v. CrothersUNK 9 Ir. Ch. Rep. 217.

Tranquery-Willaume's Case 20 Ch. Div. 465.

Re Molyneux & WhiteUNK 15 L. R. Ir. 383.

Vendor and purchaser — Leaseholds — Sale by executrix after the lapse of seven-teen years from the death of the testator — Bequest in trust to pay debts — Assent of executrix — Parties to conveyance — Concurrence of Legatees.

42 , LAW REPORTS (IRELAND). EL. R. L V. C. IN um RYAN AND CAVANAG-H. 1885. Dec. 3. Vendor and purchaser-Leaseholds-Saleby executrix after the lapse of seven, teen years from the death of the testator-Bequest in trust to pay debts-Assent of executrix-Parties to conveyance-Concurrence of legatees. A testator left all his property to W. B. and M. R. upon trust, in the Brat place, to pay his debts, and subject thereto in trust for his wife and children, in equal shares, and appointed his trustees and M. B. executors. The testator died in April, 1868, and in October, 1885, M. IL, who had alone proved the will, put up for sale, as executrix, a portion of the assets, consisting of a house in Dublin, held for a term of years. One of the condiÂtions of sale provided that the purchaser should not require any of the legatees to be parties to the conveyance. C., having purchased the premises, objected. to the title, upon the ground that a good title could not be made without the concurrence of the legatees of the leasehold and W. B. :- Held, that the period which had elapsed since the testator's death did not create a presumption of the executrix's assent ; and that she had authority to sell ; Held also, that the purchaser was precluded by the condition of sale from raising the point. SUMMONS on behalf of the vendor under the Vendor and PurÂchaser Act, 1874, for a declaration that the objection to, and requisition upon title made by Anne Maria Cavanagh the purÂchaser was invalid, and that the vendor had a good title to sell the premises without the concurrence of the children of Denis Ryan. Denis Ryan made his will, bearing date the 19th November, 1866, in the following terms :-" I leave, devise, and bequeath all the property I shall die possessed of, or entitled to, of what nature or kind soever, to my friend William Burke of Lower Baggot-street, in the city of Dublin...