The Estate of Timothy Bunton, Trustee for Sale Under The Will of John William Scanlan, Owner and Petitioner

• Jurisdiction: Ireland
• Judgment Date: 30 April 1897
• Date: 30 April 1897
• Court: Chancery Division (Ireland)

IN THE MATTER OF THE ESTATE OF TIMOTHY BUNTON, TRUSTEE FOR SALE UNDER THE WILL OF JOHN WILLIAM SCANLAN, OWNER AND PETITIONER.

Chancery Division

Absolute order for sale — Trust for sale — Judgment registered after absolute order as mortgage against interest of cestui que trust.

462 THE IRISH REPORTS. [1897. v sons altogether, by virtue of their office, to raise these heavy Pow ELL. charges out of the lands, so far ousting the devisee, for the benefit Fitz Gibbon, of her next-of-kin, to whom she had given nothing. In my L.J. opinion, the words she used were enough to pass, and did pass, all that she had in the lands, either as estate, or as charge, to George Powell. BARRY and WALKER, L.JJ., concurred. Solicitor for appellants : T. V. Ryan. Solicitors for respondent : Moore, Kelly, and Lloyd. R. D. M. IN THE MATTER of THE ESTATE OF TIMOTHY BUNTON, TRUSTEE FOR SALE UNDER THE WILL OF JOHN WILLIAM SCANLAN, OWNER AND PETITIONER. Absolute order for sale—Trust for sale—Judgment registered after absolute order as mortgage against interest of cestui que trust. A testator devised lands upon trust for sale and gave one-fifth of the proÂceeds of sale to P. Afterwards an absolute order for sale was made on the petition of the trustee. C. obtained a judgment against P., and registered it against P.'s estate and interest in the lands. No actual sale had taken place. Held, that the registration was effectual to create a charge upon P.'s share, and that C. was entitled to have the receiver appointed over the lands extended to his claim under the judgment mortgage. JOHN WILLIAM SCANLAN, by his will dated the 2nd June. 1876, appointed John Nihill and Timothy Bunton trustees for sale. The testator gave one-fifth of the proceeds of sale to his brother Patrick Scanlan. The testator died on the 16th July, 1876; and, in the year 1877, Timothy Bunton the surviving trustee filed a petition for the sale of the lands. On the 18th May, 1877, a conditional order, and on VoL. I.] CHANCERY DIVISION. 463 the 1st December following, an absolute order, for the sale of the Ross, .T. lands were made. A receiver was afterwards appointed over 1897. the lands ordered to be sold (Drewsborough, and other denomi- In re SCANLAN'S nations in the county Clare, and Ballinruane in the county ESTATE. 'Galway.) On the 22nd of January, 1886, John Crotty entered up judgÂment in the Exchequer Division against Patrick Scanlan for the sum of £151 12s. 10d. and registered the judgment as a...