Ryott v Bentley

• Jurisdiction: Ireland
• Judgment Date: 01 January 1921
• Docket Number: (1920. No. 196.)
• Date: 01 January 1921
• Court: Chancery Division (Ireland)

Ch. Div.,

Ryott

and

Bentley

Real Property Limitation Act, 1833 (3 4 Wm. IV., c. 27), s. 42 - Arrears - Irish Land Act, 1903 (3 Edw. VII., c. 37) - Sale by tenant for life -Trustees for the purposes of the Settled Land Acts.

By indenture of settlement dated 15th May, 1880, lands were conveyed, subject to certain rent-charges and incumbrances then existing thereon, to trustees to the use, inter alia, that R. H. E. and E. M. W. should receive annual rent-charges of £75 each, which were thereby charged on the said lands, and a term of 500 years was limited to the trustees to secure the said annuities. Subject to the said annuities, the lands were limited to the use of R. E. for life, with remainder to his first and other sons in tail. L. W. was entitled in priority to the settlement to two annual rent-charges of £300 and £200 respectively. From May, 1903, the income of the lands was insufficient to pay the said prior rent-charges in full. In 1905 R. E. agreed to sell portion of the lands to the tenants thereof under the Irish Land Act, 1903. On 20th March, 1911, the purchase-money was lodged in the Bank of Ireland, and an order made attaching claims thereto. In the schedule of incumbrances lodged in the matter of the said sale, R. H. E.and E. M. E. appeared as claimants in respect of the arrears of their annuities, and on 25th August, 1905, were each paid on account a portion of the sum due for such arrears. The residue of the purchase money was vouched payable to the...