Bunnett v Foster
| Jurisdiction | England & Wales |
| Judgment Date | 19 April 1844 |
| Date | 19 April 1844 |
| Court | High Court of Chancery |
English Reports Citation: 49 E.R. 1175
ROLLS COURT
S. C. 2 Ph. 161; 41 E. R. 903; 2 Coop. t. Cott. 348; 47 E. R. 1191.
[540] bunnett v. foster. (Ex relatione Mr. De Gex.) April 18, 19, 1844. [S. C. 2 Ph. 161; 41 E. R. 903; 2 Coop. t. Cott. 348; 47 E. R. 1191.] An adverse decree made in the absence of some of a class, the point not being considered to be one of difficulty. Costs of an administration suit directed to be paid rateably out of the real and personal estate. James Worship^ by his will, dated 17th of March 1786, devised his real estate in trust for his niece for her life, and after her decease, to pay the yearly rents and profits to her daughter, Ann Le Fevre, for her separate use for her life, and upon further trust to sell, as soon as conveniently might be after the death of the survivor. And he bequeathed his residuary personal estate to his trustees to be converted into money, the interest to be paid to the same tenants for life, and in the same way as the rents and profits of his real estate. And the trustees were to be possessed of the 1176 BUNNETT V. FOSTER, 7 BEAV. Ml. monies, so to remain out at interest during the lives of the tenants for life, at their decease, and of all the monies to arise from the sale of the real estate, upon truat to pay 100 to each child of [541] Mrs. Le Fevre who should survive her, and to pay the residue of such monies, or the whole, if Mrs. Le Fevre left no child living at her death, unto all the testator's brothers' and sisters' children who should be alive at the death of Mrs. Le Fevre, equally share and share alike, or their respective executors and administrators. The property comprised both real and personal estate. The testator died in 1792, his niece in 1814, and Mrs. Le Fevre in 1836. No child of Mrs. Le Fevre, or of any of the brothers and sisters of the testator, was living at Mrs. Le Fevre's death. This was a bill filed, by one of the legal personal representatives of the next of kin of the testator living at his death, against two persons, each of whom claimed to be heir at law, the trustees, and a party claiming to be next of kin of a child of one of the testator's sisters, praying for the administration of the testator's property. Two questions were raised on the pleadings, first, whether there was a conversion of the realty into personalty, out and out, so as to entitle the next of kin to the whole of the assets, the greater part of which had, in fact, been converted into...
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