The Estate of Daniel Fitzgerald Gabbett, Owner; ex parte William Gabbett, Petitioner

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 10 November 1899
• Court: Chancery Division (Ireland)
• Date: 10 November 1899

IN THE MATTER OF THE ESTATE OF DANIEL FITZGERALD GABBETT, OWNER; EX PARTE WILLIAM GABBETT, PETITIONER.

Chancery Division

Landlord and tenant — Land Purchase Acts — Superior interest — Rentcharge Redemption or apportionment of.

Adams v. SavageENR 2 Lord Raymond, 855.

Adams v. Savage 2 Lord Raymond, Rep. 854.

Argol v. CheneyENR Latch. 82.

Armstrong v. Wolsey 2 Wils. 19.

Bury v. TaylorENR Godbolt, 179.

Davies v. Bush 1 M'Clel. & Young, 58.

Earl of Jersey v. DeaneENR 5 B. & Ald. 569.

Tanner v. RadfordENR 6 Sim. 21.

Taylor v. HordeENR 1 Burr. 60.

Waker v. SnoweENR Palm. 359.

198 TILE IRISH REPORTS. [1900.. Ross, J. IN THE MATTER OF THE ESTATE OF DANIEL FITZ-- 1899. GERALD GABBETT, OWNER; Ex PARTE WILLIAM Nov. 10. GABBETT, PETITIONER. Landlord and tenant—Land Purchase Acts—Superior interest—Renteharge Redemption or apportionment of. A rentcharge was charged on A and B, the former of which was not for sale. As between A and B the rentcharge was primarily charged on B. An application being made to the Land Judge to redeem it out of the purchase-money of B, the owner of the rentcharge opposed, and the order for redemption was refused. APPLICATION on behalf of Helen T. Lefroy, and E. H. Lefroy, incumbraneers, having carriage of sale, for an order that a certain annuity of £400, created in favour of Mrs. Alicia M. Wilson, by a certain indenture dated the 24th of October, 1860, and made between Charles Monek Wilson (since deceased) of the first part, Meriel Neville Prior of the second part, Alicia Maria Prior of the third part, Henry Cowper and Rev. Thomas Ellis of the fourth part, George Armstrong, and the Rev. Arthur Henry Leech of the fifth part, and Maid. Neville Prior and Mary Jane Prior, of the sixth part, charged on and payable out of the land for sale in this matter, be redeemed; and that the said annuity, and all arrears be placed on the final schedule for payment in its proper priority, as a charge affecting the said lands. The facts were :—The annuity was charged on Lot 1, part of the laud for sale in this matter, with others not for sale; and it was secured by a term of 500 years. By the settlement creating the annuity it was declared that as between the several lands comÂprised in the term of 500 years, the lands of Knockanroe (being part of the lands comprised in Lot 1 in the printed rental), should be primarily liable to the payment of the said yearly rentcharge in exoneration of the other lands comprised in...