The Estate of Margaret Burke

• Jurisdiction: Ireland
• Court: Chancery Division (Ireland)
• Judge: Wylie J.
• Judgment Date: 27 July 1916

In the Matter of the Estate of Margaret Burke.

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.

Bankruptcy — Owner of Grantee's Interest in lands held under Fee Farm Grant a Bankrupt — Official and Creditors Assignee — Election to take — Reasonable Time — Irish Bankrupt and Insolvent Act, 1857 (20 & 21 Vict. c. 60), 88. 268 & 271.

A testatrix, who was owner of the grantee's interest in lands held under a fee-farm grant. devised the said lands to certain persons for life, and on the death of the survivor to Q. absolutely. The testatrix died in 1861. The last life died in 1904. Q.. had been adjudicated a bankrupt in 1878, and a certificate that all his estate and effects, real and personal, had vested in the official and creditors' assignees, pursuant to the statute, was issued in the following year, and was duly registered. The said reversionary interest of Q. was mentioned in his statement of affairs. In 1880 he obtained his certificate of conformity, and died in 1892. By his will he devised all the residue of his real and personal estate, which included the said lands, to his daughters in equal shares. When the reversionary interest fell in in 1904, the daughters entered into possession of the said lands, and in 1906 conveyed the same to B. for valuable consideration. B. thereupon entered into possession of the said lands, and subsequently sold the same under the Land Purchase Acts. On the distribution of the purchase-money in 1916, the official assignee claimed the residue.

Held, that the claim had not been made within a reasonable time, and that the residue of the purchase-money was properly payable to B.

Mackley v. Pattenden (1 Best & Smith 181) considered.

Question arising on the ruling of the final schedule of incumbrances, as to who was entitled to the residue of the purchase-money of part of the lands of Ballycullane Beg, which had been sold in this matter under the Land Purchase Acts.

The facts, as stated in the judgment of Wylie J., were as follows:—

The portion of the said lands which had been sold was held under a fee-farm grant, dated the 7th February, 1856, in conjunction with other lands, held by other grantees, at a common rent of £168 0s. 9d. In 1861, Ellen Barron, the owner of the grantee's interest in the part in question, devised the same to certain persons for life; and on the death of the survivor, to John Quinlan, absolutely. Testatrix died on the 21st October, 1861. The last life died on the 11th November, 1904, and the remainder devised to John Quinlan thereupon fell into...