Steele v Steele (No. 2)

• Jurisdiction: Ireland
• Judgment Date: 26 November 1914
• Date: 26 November 1914
• Court: Chancery Division (Ireland)

Steele

and

Steele (No. 2).

Barton J.

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.

1915.

Land Purchase Acts — Irish Land Act, 1903 (3 Edw. 7, c. 37), s. 24, sub-s. 8 — Sale by landlord to tenants — Subsequent devise of real estate by landlord — Sam equivalent to one year's arrears of rent — Whether payable to devisee or to residuary legatee.

A testator, who was the absolute owner of real estates, by his will, executed in 1899, devised these estates to R. S. for life, with remainder to his first and other sons in tail male, with remainders over, and appointed J. S. his residuary legatee. In January, 1906, the testator entered into agreements under the Irish Land Act, 1903, for the sale of the estates to his tenants. On the 7th February, 1906, the testator executed a codicil which effected a republication of the will, and operated as a bequest of the purchase-money upon the trusts applicable to the real estates devised by the will (see Steele v. Steele, [1913] 1 I. R. 292, 299). The final schedule of incumbrances in the Land Commission matter comprised, at item “A,” a sum equivalent to the arrears of rent due at the date of the agreements for purchase of the holdings, but not exceeding one year's rent, payable in pursuance of sect. 24, sub-s. 8, of the Irish Land Act, 1903.

Held, that this sum was payable to the residuary legatee, and did not pass under the devise of the lands.

Originating Summons.

Robert Ball Steele, late of Dublin, executed his last will on the 25th November, 1899, in the following terms:—“Whereas I am absolute owner of certain estates situate in the counties of Kildare and Dublin, I hereby charge my said estates with the following annuities” (here follow certain annuities); “and, subject to said annuities, I devise my said estates to and to the use of my elder son, Robert Ball Steele, for his life, with remainder to his first and other sons in tail male, with remainder in default of such issue male to my younger son, John Treacy Steele, for life, with remainder to his first and other sons in tail male, and failing such to my own right heirs. I bequeath to my daughter, Anne Treacy Steele, all my household goods, furniture, and effects, save my pictures and plate, which pictures and plate I bequeath to my said elder son, Robert Ball Steele. I appoint my son, John Treacy Steele, my residuary devisee and legatee, and I appoint my son-in-law, Arthur J. M'Cormick, executor of this my will.”

The testator was absolute owner in fee-simple of the said estates; the Kildare estate comprising thirty-six holdings in the occupation of tenants, and the Dublin estate comprising five holdings in like occupation.

On the 1st January, 1906, the testator signed thirty-one agreements with thirty-one tenants on the Kildare estate for the sale to them of their holdings under the provisions of the Irish Land Act, 1903. On the 1st February, 1906, the testator signed agreements with the five tenants on his Dublin estate for the sale to them of their holdings under the Act. The originating applications were lodged in the Irish Land Commission in February, 1906.

On the 7th February, 1906, the testator executed a codicil to his said will, whereby he revoked the appointment of Arthur T. M'Cormick as executor of his will; and, having appointed Robert Ball Steele to be executor in his place, he added the words: “I confirm my said will in other respects.”

The testator died on the 23rd May, 1906, and his will was duly proved by the executor. By an order of Barton J...