The Estate of Mabel Rynd and Another

• Jurisdiction: Ireland
• Court: Chancery Division (Ireland)
• Judge: Wylie J.
• Judgment Date: 25 May 1916
• Date: 25 May 1916

In the Matter of the Estate of Mabel Rynd and Another.

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.

1916.

Land Purchase Acts — Irish Land Act, 1903 (3 Edw. 7, c. 37), s. 16, sub-s. 1; s. 24, sub-s. 1 — Order attaching Claims to Purchase-money — Superior Interest — Fee-simple Head Rent — Conversion.

Where on the sale of an estate under the Land Purchase Acts the lands are vested in the tenant purchasers, and the purchase-money is paid into the Bank of Ireland and an order made attaching claims thereto, pursuant to the provisions of sect. 24, sub-s. 1, of the Irish Land Act, 1903, the claim in respect of a fee-simple head rent theretofore payable out of the lands is thereupon converted into a personal claim.

Frewen v. Frewen (L. R. 10 Ch. 610) applied.

Question of law arising on the rulings on title to the redemption price of a head rent redeemed out of the purchase-moneys of the lands sold in this matter.

At the date of his will hereinafter stated, the Rev. A. W. Streane was entitled in fee-simple to a head rent of £56 10s. 1d. payable out of the lands of Lowpark, county Westmeath. By his will, dated the 23rd August, 1900, he devised to his wife, Muriel K. Streane, for her life, the rents and profits of all real estate of whatsoever kind of which he should die possessed, and appointed Barry Meade sole executor of his will. By a codicil to his will he devised all the real estate of which he should die possessed to Barry Meade absolutely, subject to the life interest therein of his wife.

On the 20th December, 1906, the owners of the said lands of Lowpark entered into agreements for the sale thereof to the occupying tenants under the Land Purchase Acts. On the 9th November, 1914, the Rev. A. W. Streane entered an appearance in the Land Commission matter. On the 25th March, 1915, the lands were vested in the tenants by the Land Commission, and on the same date the purchase-money was paid into the Bank of Ireland and an order was made attaching claims thereto.

The Rev. A. W. Streane died on the 10th September, 1915, and probate of his will was duly granted to Barry Meade. On the 1st December, 1915, a consent was entered into between Mrs. Muriel K. Streane, Barry Meade, and the vendors, to redeem the said rent of £56 10s. 1d. at the sum of £1,327 17s. In the consent it was claimed that Mrs. Muriel K. Streane was entitled as...