The Estate of The Right Hon. Richard John Walter, Earl of Donoughmore

• Jurisdiction: Ireland
• Judge: Wylie, J.
• Judgment Date: 27 April 1911
• Court: Chancery Division (Ireland)
• Date: 27 April 1911

In the Matter of the Estate of the Bight Hon. Richard John Walter, Earl of Donoughmore.

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.

1911.

Perpetuity — Grant of rentcharge for long term of years for charitable purposes — Proviso as to redemption — No limit as to time for redemption.

By an indenture made in 1747 an annuity or yearly rentcharge of £15 issuing out of certain lands was granted to M. J. and J. B., and the survivor of them, and the executors, administrators, and assigns of the survivor, for the term of 999 years, from the death of the grantor, which said annuity was subsequently declared to be upon trust for J. P., or such other person as for the time being should have the pastoral care of the congregation of the dissenting Protestants of the town of C. The said indenture contained a proviso that if the heirs, executors, administrators, or assigns of the grantor should on any of the days named for payment of the said annuity pay unto M. J. and J. B., or the survivor of them, or the executors, administrators, or assigns of the survivor, the sum of £300, in one payment, the said annuity should be no longer payable, but should determine.

Held, that the said proviso was void as violating the rule against perpetuities.

In Re Tyrrell's Estate, [1907] 11. R. 292, Applied.

Question of law arising on application to redeem an annuity of £15 (Irish) charged upon portion of the lands sold in this matter.

By indenture dated the 27th November, 1747, and made between Richard Hutchinson of the one part, and Mathew Jacob and John Bagwell of the other part, the said Richard Hutchinson granted unto the said Mathew Jacob and John Bagwell, their executors, administrators, and assigns, one annuity or yearly rentcharge of £15 to be received and issuing out of all that and those the town and lands of Knocklofty, then in the said Richard Hutchinson's possession, situate in the barony of Iffa and Offa, and county of Tipperary, to have, hold, and enjoy the said annuity or yearly rentcharge of £15, unto the said Mathew Jacob and John Bagwell, and the survivor of them, and the executors, administrators, and assigns of the survivor of them, tor and during the full term of 999 years, commencing from the day of the death of the said Richard Hutchinson, and payable as therein mentioned. The said deed contained a power of distress, and a covenant for payment of the said annuity, and also a proviso in the following terms:—“Provided always, and those presents are upon this condition nevertheless, and it is the true intent and meaning hereof, and...