The Estate of Paul Christmas Anderson

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

In the Matter of the Estate of Paul Christmas Anderson.

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 — Irish Land Act, 1903 (3 Edw. 7, c. 37), s. 3 — Originating application, containing application by absolute owner of land to Land Commission to purchase his demesne with a view to re-purchase — Death of vendor before offer made — Jurisdiction of Estates Commissioners to make offer to his devisees.

Held, that the Estates Commissioners had jurisdiction to make an offer to the trustees for the purchase of the demesne, and to sanction an advance for the re-purchase thereof by the trustees.

Questions submitted by the Estates Commissioners for the opinion of the Judicial Commissioner, under sect. 23, sub-s. 1, of

the Irish Land Act, 1903. From the memorandum of the Estates Commissioners the following facts appeared.

The vendor, Paul Christmas Anderson, was absolute owner in fee-farm of the lands comprised in the originating application, which was filed on the 23rd August, 1905. The lands included therein comprised—(a) tenanted lands, and (b) demesne lands containing 257_A. 3_R. 35_P., with mansion house, office, and gardens.

By the originating application the vendor applied that the Land Commission might purchase the demesne, and therein stated that he was desirous of re-purchasing the same. On the 24th February, 1907, before the advances for the purchase of the tenanted lands were sanctioned, the vendor died, having made a will which was duly proved, whereby he appointed Thomas W. Anderson, and Alexander C. Anderson, his executors and trustees. By his will he devised and bequeathed to them all his real and personal estate in trust for sale, and out of the proceeds of such sale, after paying his debts and certain legacies upon trust, to pay the income of the residue of such proceeds to testator's sisters, Jane E. Anderson, Henrietta Anderson, and Susanna Anderson, and the survivor of them during their lives or life, and after the death of the survivor of them to pay certain legacies, and subject thereto to pay and transfer the residue of the said trust property to the said Alexander C. Anderson for his own use and benefit; and the testator declared that his said trustees or trustee might postpone the sale and conversion of his real and personal estate, or any part thereof, for so long as they should...