asked the Minister for Fisheries whether he will state the grounds on which the Land Commission propose to retain the farm at Hilltown, Swords, on the Staples and Molesworth Estates, which is held by Mrs. Menton under a judicial tenancy; whether he is aware that this farm was originally held by Mrs. Menton's husband, who died intestate, leaving nine children, all of whom would be entitled to share with Mrs. Menton in their father's interest in the land; and whether, having regard to this circumstance, it is still proposed to retain Mrs. Menton's holding.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - RETENTION OF CO. DUBLIN FARM.
The lands referred to comprise a holding of 279 acres, situate in the townlands of Hilltown and Rathingle, and held by Mrs. Margaret Menton (widow) at a rent of £310 6s. 5d. as tenant on the estate of Sir J. Molesworth Staples, Co. Dublin. The purchase money of the holding being over £3,000, this holding is automatically retainable under Section 28 (6) (a) of the Land Act, 1923, and after having had special inquiries made the Land Commission published a notice of their intention to apply for an order to the Judicial Commissioner authorising the resumption of the holding for the relief of congestion. An objection was lodged by the tenant and, after hearing in Court, was disallowed.
Are the facts, as stated, that the husband of Mrs. Menton died intestate?
Yes.
If that is so, does she not hold the land in trust for the children?
That is a matter to be, decided judicially. If she is not satisfied that the decision was right she can appeal to the Judicial Commissioner.
In view of the fact that Mrs. Menton is not to be allowed the same privilege as Mrs. Doyle, how do the Commissioners reconcile the decisions in both instances?
She has got all the advantages of the Land Act.