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The Estate of Waugh, deceased; Baillie-Gage v Black

Irish Jurist Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1943
Date01 January 1943
CourtCourt of Appeal (Northern Ireland)
(C.A., N.I.),
In the Matter of the Estate of Waugh, deceased; Baillie-Gage
and
Black

Sale of leaseholds - Death of owner prior to "appointed day" - Whether "bonus" payable to personal representative or next-of-kin - Jurisdiction - Land Commission Judge - "Bonus" on sale of lands in Land Commission - Question as to person entitled to payment of - Order of Judge transferring moneys representing "bonus" to credit of administration suit - Power to make - Landed Estates Court (Ir.) Act, 1858, s. 70 - Purchase of Land (Ir.) Act, 1885, s. 10 - Long-term lease at peppercorn rent - No presumption of conversion into fee simple.

The deceased at his death in 1926 was entitled to the lessee's interest in certain lands under a lease for 1,000 years from 1648 at a peppercorn rent. He died intestate and insolvent, his wife, who predeceased him, being one of his creditors. Subsequently, in 1929, the lands in question became vested in the Land Commission from the "appointed day," and in 1931 an order was made in the Chancery Division for the administration of his personal estate at the suit of the plaintiff as administrator with the will annexed of the deceased's widow. In the course of the Land Commission proceedings a question arose as to who was entitled to the "bonus" payable under s. 10 of the Northern Ireland Land Act, 1925, and Megaw J., as Land Commission Judge, made an order transferring the monies representing the "bonus" to the credit of the Chancery suit without deciding who was entitled thereto, and, by a later order, declared that the defendant, as personal representative of one of the next-of-kin of the deceased, was the...

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