The estate of Williams and Others v Armstrong

• Jurisdiction: Ireland
• Court: Chancery Division (Ireland)
• Judgment Date: 11 December 1908
• Date: 11 December 1908

In the Matter of the Estate of Elizabeth Hanna Williams and the Rev. Godfrey James Wilson, Owners; William George Armstrong, Petitioner.

Ross, 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.

1909.

Irish Land Act, 1903, section 7 — Offer by Land Commission to purchase — Conditional offer.

Held, that the Offer was not an offer within the meaning of the section.

Application for directions.

The lands for sale in the matter were put up for auction in October, 1907. The bidding being insufficient, the Land Judge directed the solicitor having carriage to receive private offers, and gave him liberty to bring them before the Court. An offer was made to buy the estate for £1650, subject to head rent and tithes. This offer was brought before the Court on 28th October, and was supported by the owners and by the solicitor having carriage. The solicitor for the Estates Commissioners attended, and asked for an adjournment to enable their inspector to inspect, for the purpose of their making an offer under the 7th section of the Land Act, 1903. On the 2nd November, 1908, the Estates Commissioners made an offer to buy the fee-simple of the estate, which offer was in the following terms:—

“In the Matter of the Estate of Elizabeth H. Williams and another, Owners; William G. Armstrong, Petitioner; and in the Matter of section 7 of the Irish Land Act, 1903.

“Whereas the Land Commission, having by direction of the Land Judge been furnished with particulars of the above estate, have caused same to be inspected.

“Now the Land Commission hereby offer, subject to the clauses and conditions hereinafter mentioned, to purchase in accordance with section 7 of the Irish Land Act, 1903, for the sum of £3000, the lands set out in the schedule hereto and included in the rental lodged in this matter in fee-simple, subject:—

“To any public rights affecting the said lands;

“To any maintenance charges under the Public Works Acts;

“To any interest of the tenants on the lands, or of persons having claims upon those interests, and to any easements, rights, and appurtenances mentioned in section 34 of the Land Law (Ireland) Act, 1896;

“To the mineral and sporting rights reserved to Thomas Pim, his heirs and assigns, or other the owner or owners thereof, his or their heirs and assigns, as same are excepted and reserved in and by a fee-farm grant dated 15th day of July, 1859, and made between Thomas Pim and Thomas Wilson and Margaret Wilson or in and by...