The Estate of Emma Alexander and Mary Susan Mahon, Owners, Continued as to The Estate and Interest of The Said Emma Alexander in the Names of John Arthur MacOnchy and Alexander Knox M'Entire, Official Assignees, and Marmaduke Bell, Creditors' Assignee of The Said Emma Alexander, A Bankrupt, as Owners; Sarah Mulville, Wife of William E. Mulv1lle, Petitioner
| Jurisdiction | Ireland |
| Judge | Ross, J. |
| Judgment Date | 07 November 1899 |
| Court | Chancery Division (Ireland) |
| Date | 07 November 1899 |
Chancery Division
Landlord and tenant — Land Purchase Acts — Redemption of annuity —
Butler's EstateUNK 31 I. L. T. 85.
In re Nicholson's Estate I. R. 11 Eq. 177.
20 THE IRISH REPORTS. [1900. Ross, J. IN THE MATTER OF THE ESTATE OF EMMA ALEXÂANDER AND MARY SUSAN MAHON, OWNERS, CONÂTINUED AS TO THE ESTATE AND INTEREST OF THE SAID EMMA ALEXANDER IN THE NAMES OF JOHN ARTHUR MACONCHY AND ALEXANDER KNOX M'ENTIRE, OFFICIAL ASSIGNEES, AND MARMADUKE BELL, CREDITORS' ASSIGN EE OF THE SAID EMMA. ALEXANDER, A BANKRUPT, AS OWNERS ; SARAH MULVILLE, WIFE OF WILLIAM E. MITLITILLE, PETITIONER. Landlord and tenant—Land Purchase Acts—Redemption of annuity—Land Law (Ireland) Act, 1896, sect. 31 (1) (8). An annuity secured by a term of years is a superior interest, and the owner of the annuity is entitled to be paid the capitalized value on its being redeemed. OBJECTION of Emma Alexander and Mary Susan Mahon, stating that the lands sold in this matter were subject to an annuity of £100 for the life of the petitioner, who was in her sixty-second year ; that the lands having been sold to the tenants under the 40th section of the Land Act of 1896, it became neces sary to have the same vested in them, discharged from the anÂnuity ; that the arrears due on foot of the annuity had been satisfied by payment or absolute credit ; that the owners objected to the payment out of Court of the capitalized value of the annuity, wishing it to be kept in Court during the lifetime of the annuitant ; and that taking the guarantee deposit at its fair value the estate was solvent. The annuity was secured by a term of ninety-nine years. Oulton, for the petitioner : The annuity must be redeemed under sect. 31 of the Land Law (Ireland) Act, 1896, and the annuitant is entitled to have VoL. 1.] CHANCERY DIVISION. 21 the capitalized sum paid out to her, though it would take all the Ross, .1. money now in Court : Butler's Estate (1) ; Conveyancing Act, 1899. 1881, sect. 44...
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The Estate of The Trustees of R Owen (No. 3)
... ... , or discretion — Alexander's EstateIR [1900] 1 I. R. 20 ... J.), that the jointure was a " superior interest" within the meaning of sect. 31 of the Land. Law ... Susan Owen, the wife, for life, in case she survived ... of annuities and charges, whether their owners liked it or not. But in order to smooth and ... become a lien upon the purchase money, it is said that they shall be " reÂdeemed or satisfied " ... , on the application of the owner and petitioner, and with Mrs. Owen's concurrence, an order was ... mortgagee and to the simple contract creditors of the late owner, many of whom would probably be ... ...