The Estate of Helena Ryan

• Jurisdiction: Ireland
• Judge: Wylie, J.
• Judgment Date: 09 July 1908
• Court: Chancery Division (Ireland)
• Date: 09 July 1908

In the Matter of the Estate of Helena Ryan.

Wylie, 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.

1908.

Land Purchase Acts — Lands sold held under lease for lives renewable for ever — Arrears of renewal fines — Payment of — Priority.

Where lands held under a lease for lives renewable for ever are sold under the Land Purchase Acts, the redemption-price of the rent reserved by the lease is entitled to be paid in priority to any claim for arrears of renewal fines.

Hearing of objection of Mary Kidd to the final schedule of incumbrances.

The lands sold in this matter were held under a lease for lives renewable for ever, dated 26th June, 1819, subject to a rent of £114 12s. 2d. (Irish), equivalent to £105 15s. 10d., sterling, and to a renewal fine of £28 5s. (Irish) on the dropping of each life. The last renewal was made in 1837. Two of the lives mentioned in the last renewal had since dropped. There was no evidence as to the other life. On the 18th June, 1902, the Land Judge, in consideration of £1000, conveyed the reversion expectant upon the said lease to Mary Kidd, subject to the said lease. There was no reference in the conveyance to any renewal of the said lease, or to whether any lives were in being, nor was there any assignment of arrears of rent, or of renewal fines, or any reference to same.

Proceedings for sale under the Irish Land Act, 1903, were subsequently instituted by the lessee, and on the 21st November, 1907, the usual order was made attaching claims to the purchase-money.

The entire purchase-money amounted to £2100.

On the 27th February, 1908, an order was made for the redemption of the rent of £105 15s. 10d., and of any exceptions or reservations in the said lease, and the value of the reversion thereon, at the sum of £2100. That sum included the value of all future fines, which, if a fee-farm grant had been taken out, would have been included in the fee-farm rent, but no arrears of fines, whether accrued since the purchase in 1902, or during the ownership of any preceding owner of the reversion.

The entire purchase-money, with the bonus added, after redeeming prior outgoings, was insufficient to satisfy the redemption-price of the rent and renewal fines.

The Examiner had placed the renewal fines, on the final schedule, in priority to the redemption-price of the rent.

By her objection Mary Kidd claimed to have the redemption-price of the rent paid in priority to the claim for renewal fines.

Jefferson, K.C., for the vendor.

H. D. Conner, K.C., for Mary Kidd:—

Renewal fines are not entitled to priority over the redemption-price of the rent. Under the Landlord and Tenant (Ireland) Act, 1870, in the case of a leasehold interest, the interest of the lessee was all that could be vested in the tenant. There was no power to vest the fee: see sections 32, 35, and 44. See also sections 24 (b), 26, and 29 of the Land Law (Ireland) Act, 1881, and sections 8 and 9...