The Estate of Robert Ball Steele, Deceased; John Treacy Steele v Robert Laurence Ball Steele and Robert Montgomery Ball Steele

JurisdictionIreland
JudgeBarton, J.,Appeal.
Judgment Date21 April 1913
CourtCourt of Appeal (Ireland)
Date21 April 1913
In the Matter of the Estate of Robert Ball Steele, Deceased;
John Treacy Steele
and
Robert Laurence Ball Steele and Robert Montgomery Ball Steele.

Barton, J.

Appeal.

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.

1913.

Landlord and tenant — Land Purchase Acts — Devise of real estate by landlord — Purchase agreements subsequent to devise — Republication of will by codicil — Death of landlord — Subsequent sanction of advance — Conversion — Ademption — Irish Land Act, 1903, section 16.

Held, by the Court of Appeal (affirming the decision of Barton, J.) that the codicil effected a republication of the will, that the testator intended his interest in the lands devised to pass to R. B. S., and that the latter was entitled to a life estate in the purchase-moneys of the lands contracted to be sold by the testator in his lifetime, with remainders as provided by the will.

Quære, whether, having regard to the provisions of section 16 of the Irish Land Act, 1903, the signing of agreements for sale of lands under that Act can operate as a conversion of lands devised by a will executed by the vendor prior to the date of the agreements, so as to adeem a specific devise?

In re Sherlock's Estate ([1899] 2 I. R. 561, 591) and In re Doyle's Estate ([1907] 1 I. R. 204) considered.

Originating Summons adjourned into Court.

Robert Ball Steele, late of Dublin, executed his last will on the 25th November, 1899, in the following terms: “Whereas I am absolute owner of certain estates situate in the Counties of Kildare and Dublin, I hereby charge my said estates with the following annuities, viz., to my daughter, Anne Treacy Steele, an annuity of £60 for her life, to my daughter, Catherine Treacy M'Cormick, an annuity of £25 for her life, to my son, John Treacy Steele, an annuity of £60 for his life, the said annuities to be paid quarterly on the 1st January, 1st April, 1st July, and 1st October in each year, the first payment to be made on whichever of the said gale days shall happen first after my decease. I direct that the annuities given to my daughters shall be paid to each on her own receipt for her sole and separate use, free from marital control, and without power of anticipation; and, subject to said annuities, I devise my said estates to, and to the use of, my elder son, Robert Ball Steele, for his life, with remainder to his first and other sons in tail male, with remainder in default of such issue male to my younger son, John Treacy Steele, for life, with remainder to his first and other sons in tail male, and failing such to my own right heirs. I bequeath to my daughter, Anne Treacy Steele, all my household goods, furniture, and effects, save my pictures and plate, which pictures and plate I bequeath to my said elder son, Robert Ball Steele. I appoint my son, John Treacy Steele, my residuary devisee and legatee, and I appoint my son-in-law, Arthur J. M'Cormick, executor of this my will.”

The testator was absolute owner in fee-simple of the said estates; the Kildare estate comprising thirty-six holdings in the occupation of tenants, and the Dublin estate comprising five holdings in like occupation.

On the 1st January, 1906, the testator signed thirty-one agreements with thirty-one tenants on the Kildare estate for the sale to them of their holdings under the provisions of the Irish Land Act, 1903, and on the 31st January, 1906, he swore an affidavit verifying an originating application to the Estates Commissioners to have his entire Kildare estate declared fit to be regarded as a separate estate for the purposes of a sale.

On the 1st February, 1906, the testator signed agreements with the five tenants on his Dublin estate for the sale to them of their holdings under the said Act.

On the 7th February, 1906, the testator executed a codicil to his said will, whereby he revoked the appointment of Arthur J. M'Cormick as executor of his will; and having appointed Robert Ball Steele to be executor in his place, he added the words: “I confirm my said will in other respects.”

The testator signed three further purchase-agreements with the remaining tenants on the Kildare estate, two on the 1st March, 1906, and one on the 22nd March, 1906. The testator died on the 23rd May, 1906, and his will was duly proved by the said Robert Ball Steele, who subsequently signed purchase-agreements with the two remaining tenants on the Kildare estate. The purchase-moneys of the Kildare estate amounted to £25,143, and those of the Dublin estate to £3140, and after redemption of superior interests, &c., there remained a residue of £3000. The Estates Commissioners sanctioned the advances subsequently to the death of the testator. The present summons was instituted by the said John Treacy Steele, as residuary legatee under the said will and codicil, for the determination of the questions whether, upon the true construction of the said will and codicil, and in the events which had happened, the said John Treacy Steele, as residuary legatee, was entitled to the purchase-money of such portions of the said Kildare and Dublin estates as the testator had agreed during his lifetime to sell to the occupying tenants thereof, or whether such purchase-moneys were subject to the limitations of the real estate of the said testator contained in the said will; and applying for liberty for the said John Treacy Steele to obtain from the Irish Land Commission an order for the transfer to the credit of this summons of the residue of the said purchase-moneys after the discharge of all claims thereon, and, if necessary, for administration of the real and personal estate of the said testator.

The arguments were similar to those reported in the Court of Appeal, infra.

A testator, who was the absolute owner of real estates in Kildare and Dublin, by his will, executed in 1899, devised these estates to R. B. S. for life, with remainder to his first and other sons in tail male, with remainders over, and appointed J. T. S. his residuary legatee. On the 1st of January, 1906, the testator signed purchase-agreements with thirty-one of the thirty-six tenants occupying holdings on his Kildare estate, for the sale to them of their holdings under the Irish Land Act, 1903, and on the 31st January, swore an affidavit verifying an originating application to the Estates Commissioners to have his entire Kildare estate declared fit to be regarded as a separate estate. On the 1st February, 1906, the testator signed purchase-agreements with the five tenants occupying holdings on his Dublin estate. On the 7th February, 1906, the testator executed a codicil to his will, whereby he appointed a new executor, and expressly confirmed his will in other respects. The testator died on the 23rd May, 1906, having in the interval between the execution of the codicil and his death signed further purchase-agreements with three of the five remaining tenants on his Kildare estate. The Estates Commissioners did not sanction the advance of the purchase-moneys for the two estates until after the death of the testator.

G. W. Walker, K. C., and Charles Murphy, for the plaintiff.

Serjeant Matheson, K. C., Jellett, K. C., and Oliver Murphy, for defendants.

Barton, J.:—

Robert Ball Steele made his will in 1899, whereby he devised his fee-simple estates in counties Kildare and Dublin, charged with annuities in favour of his two daughters and his younger son, to his elder son, Robert Ball Steele, for life, with remainder to his first and other sons in tail, with remainders over. He gave a bequest of household goods, furniture, and effects, and made his younger son, John Treacy Steele, his residuary legatee. He appointed a son-in-law to be his executor.

The Kildare estate comprised thirty-six holdings, and the Dublin estate comprised five holdings.

On the 1st January, 1906, the testator signed thirty-one agreements with thirty-one out of the thirty-six tenants of his Kildare estate for the sale to them of their holdings under the Irish Land Purchase Act, 1903. On the 31st January he swore an affidavit verifying an originating application to the Irish Land Commission (Estates Commissioners) applying to have all his estate in the county Kildare declared fit to be regarded as a separate estate for the purpose of a sale under the land-purchase Acts. In this affidavit he described himself as absolute owner of the lands, and he supplies all the particulars which have to be set forth for the purpose of a sale under the Acts. On the 1st February he signed five agreements with the five tenants on the Dublin estate. Having signed land-purchase agreements with all the tenants on his Dublin estate and with thirty-one out of thirty-six tenants on the Kildare estate, and having declared upon oath his intention of selling the whole of the Kildare estates, he, on the 7th February, 1906, made a codicil to his will. By this codicil he revoked the appointment of his son-in-law as executor, and appointing his eldest son, Robert Ball Steele, the devisee of the Kildare and Dublin estates, as executor in his stead, he adds:— “Whom I would have appointed by my will had I known that he would be residing in Ireland and retired from the Army.” The codicil concludes with these words, “And I confirm my said will in other respects.”

As regards the remaining five holdings on the Kildare estate, the agreements as to them were signed as follows:—Two by the testator on the 1st March, and one on the 22nd March, 1906. The testator died on May 23rd, 1906. No question arises as regards the agreements for the remaining two holdings on the Kildare estate which were signed by the devisee, Robert Ball Steele, in August and November, 1906. Under these circumstances counsel for the plaintiff, John Treacy Steele, have referred me to In re Doyle's Estate (1) and In re Sherlock's Estate (2), and have contended that the effect of...

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