The Estate of David Marshall Lang and Stephen Frank Purday, Trustees for Sale Under The Will of Elizabeth Noble Garde, Deceased, A Vendor of Land; and The Settled Land Acts, 1882-1890

• Jurisdiction: Ireland
• Judge: Meredith, J.
• Judgment Date: 01 February 1904
• Court: Chancery Division (Ireland)
• Date: 01 February 1904

In the Matter of the Estate of David Marshall Lang and Stephen Frank Purday, Trustees for Sale Under the Will of Elizabeth Noble Garde

Deceased, a Vendor of Land

and

And in the Matter of the Settled Land Acts, 1882–1890.

Meredith, 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.

1904.

Trustee — Appointment — Settled Land Acts, 1882, 1890 — Power of the Land Commission — Redemption price of superior interest — Land Law (Ireland) Act, 1896, sect. 33 (1).

The Irish Land Commission have power to appoint trustees of the settlement for the purposes of the Settled Land Acts, 1882 and 1890, to receive the redemption price of superior interests; such appointment will, however, be limited to such purpose.

In re Dames-Longworth's Estate (26 Ir. L. T. 521) discussed.

Motion on behalf of James Franklin Williamson that James Franklin Bland and Francis Christopher Earle Bland might be appointed trustees for the purposes of the Settled Land Acts, 1882 and 1890, of the settlement (which was also set out in the title of the matter), dated November 19, 1885, and made between Benjamin St. John Williamson of the first part, James Franklin Williamson of the second part, Emma Abbey Williamson and Alice Phillis Williamson of the third part, and Francis Christopher Earle Bland of the fourth part. Under this settlement James Franklin Williamson was tenant for life. Among the premises included in the settlement was a fee-farm rent of £25 2s. 6¹/₂s., issuing out of the lands for sale herein. The redemption price of this superior interest was by consent fixed at £625. Mr. Francis Christopher Earle Bland was the sole trustee of the deed of November 19, 1885, but he was not a trustee of the settlement for the purposes of the Settled Land Acts, 1882 and 1890; consequently it became necessary that he and a second trustee should be appointed for the purposes of those Acts, to whom the redemption money could be paid.

Leech, for the applicant:—

This Court has power under section 66 of the Landed Estates Court Act to appoint trustees in cases where the Lord Chancellor was empowered to do so by 13 & 14 Vict. c. 60, and 15 & 16 Vict. c. 55, “and by any other Act which may be passed in relation to trustees.” This includes the Settled Land Acts, and the Trustee Act, 1893. See section 38 of the Settled Land Act, 1882, and section 47 of the Trustee Act, 1893.

In re...