The Estate of William Daly and Denis St. George Daly

• Jurisdiction: Ireland
• Judgment Date: 30 July 1912
• Date: 30 July 1912
• Court: Court of Appeal (Ireland)

In the Matter of the Estate of William Daly and Denis St. George Daly (1).

Appeal.

CASES

DETERMINITD 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.

1912.

Lands repurchased by owner under section 3 of the Irish Land Act, 1903 — Holding — Annuity — Subdivision — Apportionment — 59 & 60 Vict. c. 47, sect. 38, sub-sect. (3) — 3 Edw. 7, c. 37, ss. 1, 3.

Where demesne or other lands are resold to an owner by the Irish Land Commission under section 3 of the Irish Land Act, 1903, the Irish Land Commission may, if they think fit, authorize the subdivision of the lands, and apportion the annuity payable in respect thereof, under sect. 38 (3) of the Land Law (Ireland) Act, 1896.

Appeal by Denis St. G. Daly, Julia Catherine Anne Daly, John Kinneen, and Henry J. Synnott, from an order of Mr. Justice Wylie, dated the 25th June, 1912, and made on the hearing of a question submitted to him under section 28 (8) of the Purchase of Land (Ireland) Act, 1891.

The question of law was stated as follows:—1. By the effect of an indenture dated the 29th July, 1882, and made between the Right Hon. Denis St. George, Baron Dunsandle and Clanconal, of the one part, and William Daly, late of Dunsandle, in the county of Galway, and Robert W. Meade (both since deceased) of the other part, and several subsequent deeds, the said William Daly and Denis St. G. Daly of Over Norton Park, in the county of Oxford, were, at the respective dates of the institution of the matters in the title mentioned, entitled in possession as tenants for their respective lives, in equal undivided moieties, to freehold estates of large extent and value in the county of Galway, and elsewhere in Ireland.

2. The said William Daly and Denis St. George Daly in exercise of the powers of sale vested in them by the Settled Land Acts, 1882 to 1890, and in pursuance of section 6 of the Irish Land Act, 1903, sold portions of the said estates in the

county of Galway to the Irish Land Commission in the said matters, and in pursuance of section 3 of the same Act re-purchased 2055 acres statute measure, or thereabouts, of demesne and other untenanted lands, portion of the said estates, obtaining advances amounting in the aggregate to the sum of £26,899 for that purpose.

3. By vesting orders of the Irish Land Commission, dated respectively the 1st February, 1906, and the 19th July, 1906, the lands repurchased as aforesaid were vested in the—said William Daly and Denis St. George Daly, their heirs and assigns, in fee-simple as tenants in common in equal shares, subject as to the lands comprised in the first-mentioned vesting order to an annuity of £649 3s. 2d., payable to the Irish Land Commission, as in the Irish Land Act, 1903, provided, from the 1st February, 1906, to secure an advance of £19,974, and as to the lands comprised in...