Bradshaw v Fane
| Jurisdiction | England & Wales |
| Judgment Date | 17 March 1856 |
| Date | 17 March 1856 |
| Court | High Court of Chancery |
English Reports Citation: 61 E.R. 1006
HIGH COURT OF CHANCERY
S. C. 25 L. J. Ch. 413; 2 Jur. (N. S.) 247; 4 W. R 422. See In re Frith and Osborne, 1876, 3 Ch. D. 626.
Powers. Partition.
[534] bradshaw v. fane. March 17, 1856. [S. C. 25 L. J. Ch. 413; 2 Jur. (N. S.) 247 ; 4 W. R 422. See In re Frith and Osbarne, 1876, 3 Ch. D. 626.] Powers. Partition. A power to sell and exchange merely does not so clearly authorize a partition that the Court will force on a purchaser a title taken under it. But where a power was to make sale and dispose of or convey in exchange, and the powers to revoke and limit new uses for carrying these powers into effect also referred to disposition, and the declaration as to the application of the money to be obtained referred also in terms to partition: it was held that on the whole context there was a good power to partition, and the title taken under it was a good title. This cause came on upon an adjourned summons in an administration suit, and the material question argued was whether a power of exchange, peculiarly worded, authorized a partition. Under the will of Kobert Bradshaw the trustees had a discretionary power to lay out that portion of his estate which consisted of money in the purchase of land. That which was so laid out he devised to certain parties ; and 3DREWBY.535. BRADSHAW V. FANE 1007 that which should not ^be so laid out at the end of twenty-one years he gave to his younger children. In October 1855, shortly before the expiration of the twenty-one years, the trustees contracted to purchase the interest of W. Northey and his wife in certain real estate, and the question was whether a good title could be made to that estate : if it could not, the twenty-one. years having now elapsed, the money went to the younger children; if it could, the land purchased went to the devisees. The question arose on the settlement made on the marriage of W. Northey and; his wife, formerly Susannah F. Harvey, by which a moiety of certain estates, devised by the father of Mr. Northey to her, was conveyed to trustees, with the following powers:-"To sell and dispose of, and limit, appoint and convey, all or any of the same parts, shares, messuages, lands, tenements and hereditaments, and the fee-simple and inheritance thereof, to any person or persons whomsoever, either together [535} or in parcels, &c.; and to limit, appoint and convey in exchange the said messuages, lands, &c., for or in lieu of any other...
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