The Estate of Richard Warneford Boyle, Owner ; Rosabel Fleuss, Petitioner

• Jurisdiction: Ireland
• Court: Chancery Division (Ireland)
• Judgment Date: 22 February 1909
• Date: 22 February 1909

IN THE MATTER OF THE ESTATE OF RICHARD WARNEFORD BOYLE,

OWNER ;

ROSABEL FLEUSS,

PETITIONER.

CHANCERY DIVISION

— Sale of estate to tenants by Land Judge —

In re Carroll's EstateIRIR [1906] 1 I. R. 661; [1907] 1 I. R. 148

In re Holmes' EstateIR [1907] 1 I. R. 1

In re Howlin's EstateIR [1906] 1 I. R. 300

In re Madden's EstateIR [1907] 1 I. R. 351, 354

120 THE IRISH REPORTS. [1909. Wylie, J. " date of the agreement," for certain purposes, is, by its terms, 1909. to be a date hereafter to be fixed by order of the Land ComÂIn re mission, the agreement for purchase was within the meaning of e POLLOK Es r ATE. section 48, sub-section 3, entered into on the 30th October, 1908, the date of acceptance, or at latest on the 4th November, 1908, when the acceptance was lodged with the Land Commission. The bonus, if the sale is carried out, will, therefore, be at 12 per cent. Solicitors for the vendor : Blake 4. Kenny. Solicitor for the Treasury : W. G. Towers. J. E. W. IN THE MATTER OF THE ESTATE OF RICHARD WARNEÂFORD BOYLE, OWNER; ROSABEL FLEUSS, PETITIONER. Land Purchase Acts—Sale of estate to tenants by Land Judge—Bonus under Irish Land Act, 1903 (3 Edw. 7, c. 37), s. 48. An estate, the subject of an absolute order for sale in the Land Judge's Court, was sold by the Land Judge to the occupying tenants, the purchase-money being furnished by means of advances of money in the manner provided by section 27 of the Irish Land Act, 1903 ; but no declaration having been made by the Estates Commissioners that the estate was fit to be regarded as a separate estate for the purposes of the Act : Held, that the sale was not a sale of an estate under the Act of 1903 within the meaning of section 48 (1) of the Act of 1903, and that the bonus or percentage mentioned in the said section was not payable in respect of such sale. FINAL SCHEDULE OF INCUMBRANCES. Application by the owners for a declaration that the vendors were entitled to the bonus or percentage from the Land Purchase Fund in respect of the estate sold in the matter. The estate was sold by the Land Judge to the tenants under form 34A, each tenant in occupation of his holding agreeing to purchase his holding from the Land Judge, provided the Land Commission should make the advance applied for. The advances VOL. I.] CHANCERY DIVISION. 121 to the tenants were made in money, in the manner provided by Ross, J. section 27 of the Irish Land Act, 1903 ; but the Estates Commis- 1909. re sioners had not...