Ballina, Mayo, Ireland
Wednesday, May 15, 1850
ENCUMBERED ESTATES COMMISSION
Dr. Longfield and Mr. Hargrave took their seats on the bench shortly
after 12 o'clock.
In the matter of the estate of John Balfe.
In this case an absolute order had been made for the sale of certain
lands in the county Roscommon on the petition of Mr. and Mrs. Connell, to
raise the sum of 2,000l. claimed by Mr. Connell under her father's will, and
under a power contained in a marriage settlement.
Mr. Lloyd now came in on the part of two judgment creditors, to move
that the order be rescinded. He agreed that according to the will of Mrs.
Connell's father, in case she married without the consent of the trustees
appointed, she was not entitled to the 2,000l., but only to a life interest
in it; and she had married without them and as the limitation to the
children was void, he submitted that she had no power to raise the 2,000l.
or to sell the estate in question for the surplus. The object of his clients
was to prevent a sale for the present, as they thought it would be more
advantageous for the creditors to do so; and they were willing to pay the
arrears of interest due to the petitioners.
Messrs. Rollestone, Q.C., and Lawless opposed the motion on the part of
the petitioners, and submitted at as the trustees had not come forward to
disclaim the proceedings, it should be taken for granted that they concurred
in it; at all events whether they concurred or not the petitioners had a
right to have the estate sold to satisfy their claim.
The court refused the motion with costs.
Several other motions on the list were postponed till next court day.
In the matter of the Estate of Denis Bowes Daly, of Amien-street, in the
city of Dublin, Esq.
The property offered for sale in this matter consisted of the fee and
inheritance of and in all that and those, the lands of Kilcooley and Poliny,
situate in the barony of Leitrim, county Galway, consisting by survey, 217a
1r 1p of pasture, Irish plantation measure, equal to 351a 0r 10p statute
measure; and 31s 2r 27p of bog, equal to 51s 1r 8p statute measure-yearly
rent, £382 10s 5d; rent charge £10 1s.
The lands of Kilcooley and Poliny are fee simple, and are subject to a
lease for three lives still in being, made to Burton Persse, who now holds
the rent of £380 10s 5d a year, together with the tithe rent charges, and a
lease for three lives (two of whom are now living) made to Patrick
Craughwell, at the rent of £2 yearly.
The lands will be subject to an annuity of £100 for the life of Mrs.
Hendria Daly, now aged about sixty-two years; to 18s 61/2d quit rent, and
their proportion of poor rates.
The lands are at present under grass, and their peculiar quality for
fattening and finishing off sheep is too well known in the county to require
The following were the biddings: -
Mr. Robert Power 4090l.; Sir Patrick Nolan 4100; Mr. Power 4500l.; Mr.
B.R. Persse 5000l.; Mr. Nolan 5100l.; Mr. Frederick Sutton 5200l.; Mr.
Persse 5700l.; Mr. Power 6000l.; Mr. Persse 6100l.; Mr. John Graham 6200l.;
Mr. Persse 6300l.; Mr. Sutton 6400l.; Mr. Persse 6500l.; Mrs. Nolan 6550l.;
Mr. Persse 6600l.; Mr. Sutton 6650l.; Mr. Persse 6700l.; Mr. Sutton 6750l.;
Mr. Persse 6800l.; Mr. Nolan 6850l.; Mr. Persse 6900l.; Mr. Nolan 7000l.;
Mr. Sutton 7050l.; Mr. Nolan 7100l.; Mr. Sutton 7150l.; Mr. Nolan 7200l.;
Mr. Sutton 7250l.; Mr. Nolan 7300l.; Mr. Power 7350l.; Mr. Nolan 7400l.; Mr.
No further advance having been made, Mr. Frederick Sutton was declared
the purchaser in trust for Mr. James Smith, of Mason-brook, Loughrea, for
the sum of 7450l.
Cathy Joynt Labath
Ireland Old News