The Estate of Samuel Henry Webb, Owner; ex parte George Percy Elliott and Charles Thomas Holcombe, Petitioners

• Jurisdiction: Ireland
• Judgment Date: 24 April 1871
• Date: 24 April 1871
• Court: Court of Appeal in Chancery (Ireland)

Ch. App.

Before the LORD CHANCELLOR and the LORD JUSTICE OF APPEAL.

IN THE MATTER OF THE ESTATE OF SAMUEL HENRY WEBB,

OWNER;

EX PARTE GEORGE PERCY ELLIOTT AND CHARLES THOMAS HOLCOMBE,

PETITIONERS

Banning v. GriffinENR 15 East, 293.

Watson v. EnglandENR 14 Sim. 28.

France v. Andrews 15 Q. B. 756.

In the Goods of SmithENR 2 Sw. & Tr. 508.

In the Goods of TurnerENR 2 Sw. & Tr. 476.

Landed Estates Court — Presumption of Death without Issue.

VoL. V.] EQUITY SERIES. conclusion that the Defendants intentionally suppressed their transaction with Shine as to that bill from the Plaintiff, when he wrote to them to press them to get in snfflcient rent to pay the interest due in January. So far from doing their duty as to the collection of the rents, they endeavoured to delay the payment for the purpose, I can have no doubt, of entitling them to the higher rate of interest. I shall, therefore, deal with them as having funds in their hands sufficient to pay the interest within the limited time. I accordingly decree the Defendants to repay the sums so obtained, from the Plaintiff, with interest at 4 per cent. on the balance found due from them, and also the costs of this suit. 235 V. C. Court. 1870. CHAPPLE V. MAHON. Solicitor for the Plaintiff : Mr. J. White. Solicitor for the Defendants : Mr. B. W. Booke. IN THE MATTER OF THE ESTATE OF SAMUEL HENRY WEBB, Ch. App. OWNER ; Ex PARTE GEORGE PERCY ELLIOTT AND 1871. CHARLES THOMAS HOLCOMBE, PETITIONERS (1). April 24, 24. Landed Estates Court-Presumption of Death without Issue. A person emigrated to Australia under circumstances showing that he was likely to communicate constantly with his family in Ireland, and having so communicated with them for some time, then ceased to do so, and was not heard of for more than seven years. From his last letter it was probable that, had he lived, he would have continued to write home. Inquiries were made by his family concerning him, and advertisements published, but with no result. Held, reversing the decision of the Court below, that there was sufficient prima facie evidence to establish a title depending on his death without issue during the lifetime of a person who died after the expiration of the seven years, and to authorize the Landed Estates Court to proceed on a petition for sale of lands held under that title. APPEAL from an order of LYNCH, J., discharging the absoÂÂÂlute order for sale and dismissing the petition. The petition was filed in the...