Re Braithwaite's Estate
| Jurisdiction | Northern Ireland |
| Judgment Date | 03 April 1922 |
| Docket Number | (1922. No. 90.) |
| Date | 03 April 1922 |
| Court | Chancery Division (Northern Ireland) |
Ch. Div. (N. I.)
Settled Land Acts, 1882-1890 - Sale by tenant for life - Land held under fee-farm
grant - Power to sell by way of sub-fee-farm grant or long lease.
Originating Summons.
William Braithwaite by his will, dated 26th March, 1884, devised four tenements, the subject of the present application, to trustees upon trusts under which, in the events which happened, the four daughters of the testator's wife were each entitled to one equal fourth share of the said tenements for her life, with a general power of appointment by her will over such share, with a gift-over in default of appointment to her next-of-kin. No power of sale or leasing was given to the trustees by the said will. Of the said four tenements, two were held under a fee-farm grant at the yearly rent of £20; the other two under fee-farm grants at the yearly rents of £28 and £19 19s. respectively. The property consisted of shops and houses let on yearly tenancies. The tenants for life were desirous of selling in order to obtain the advantages of the prevailing high prices of house property. It appeared from affidavits that such property could not be sold advantageously in large lots; that the most advantageous method of sale was to sell the shops and houses singly, and that the tenants had offered to buy the premises held by them respectively by taking sub-fee-farm grants, subject to certain rents and paying certain fines, and that it would be highly advantageous to all persons interested in the settled lands that sales to such tenants should be carried out on these terms. It was proposed that the rents to be reserved on the sales of the lots should be such as to amount to the rents reserved by the respective head fee-farm grants.
The summons was taken out by the tenants for life for an order appointing trustees of the settlement for the purposes of the Settled Land Acts, and for a...
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