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William Aldam's Settlement
More about the Aldam Family
21st November, 1901
Before Justice Byrne. This was an application under the Settled Lands Acts, 1882-1890, by William Wright Warde Aldam, tenant for life in possession, under a settlement created by the will of the late William Aldam, which raised several very important and somewhat novel questions under the Acts, with reference to the power of a tenant for life, when granting mining leases under the statutory power of leasing:
- to reserve a varying minimum rent
- whether the lease could lawfully be made to continue when all the demised minerals had been got and paid for
- whether a way-leave could be reserved without payment of rent for the same
The facts were as follows:
Under the will of William Aldam, dated December 18, 1884, an estate at Wickersley, stood limited to the use of the applicant for life, without impeachment of waste, with remainder to the use of one or more of his sons or daughters for such estate or estates in tail, or any lesser estate or estates, as he should by will or codicil appoint, and in default of such appointment to the use of the infant respondent for life without impeachment of waste; with remainder over.
The applicant and the respondent Ford, were the trustees for the purposes of the Acts. The applicant had entered into an agreement dated February 13 1900, with the Dalton Main Collieries, whereby he had agreed, as tenant for life under the settlement, to lease the Barnsley thick seam of coal under the settled estate for a term of 60 years from January 1st 1898.
