The Estate of George Bolton, Owner; Wakefield Christy, Petitioner

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 13 July 1898
• Court: Chancery Division (Ireland)
• Date: 13 July 1898

In the Matter of the Estate of George Bolton, Owner; Wakefield Christy, Petitioner.

Ross, J.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1898.

Land Law (Ireland) Act, 1896, s. 40 — Superior interests — Amount realizable from sale to tenants inadequate to redeem.

Where the value of superior interests exceeds the amount capable of being realized by a sale to tenants, the 40th section of the Land Law (Ireland) Act, 1896, is inapplicable.

Adjourned Consideration of the report of the Irish Land Commission made under the 40th section of the Land Law (Ireland) Act, 1896. The report having come before the Land Judge on the 2nd February, 1898, an offer was made by Mr. George Kinahan (not a tenant), to purchase lot 11 for £1500, and it was referred to the Examiner to report inter alia:—

1. What sum of purchase-money should be given for lot 11, in order that after satisfaction and redemption thereout of the several superior interests and instalments in lieu of tithe rent-charge affecting such lot, there should remain a sum of £1500 cash surplus?

2. What part of said sum so to be ascertained should be paid in respect of the portion of the said lot, which is in the hands of tenants mentioned in the schedule to the report of the Land Commission in this matter?

The Examiner accordingly made his report dated 1st July, 1898, and found—1, that to have a cash surplus of £1500, after redemption of all superior interest affecting lot 11, £13,427 1s. 6d. would be required; 2, the sum of £6844 was the estimated value of the portion of lot 11, in the hands of tenants mentioned in the report.

It appeared that Mr. Kinahan was owner of other lands subject to the superior interests.

C. W. R. Brady, for the petitioners, having carriage.

M. Kehoe, Q.C., for Mr. Kennedy (a tenant), opposed the acceptance of Mr. Kinahan's offer.

J. H. Shaw, for incumbrancers, supported the offer.

G. W. Walker appeared for Kinahan.

Ross, J.:—

At an early period in the administration...