Charlton v Wright
| Jurisdiction | England & Wales |
| Judgment Date | 09 July 1841 |
| Date | 09 July 1841 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 1136
HIGH COURT OF CHANCERY
Observed upon, Turner v. Cox, 1853, 8 Moo. P. C. 288; 14 E. R. 111.
West India Estate. Stat. 5 Geo. 2, c. 7 Assets. Administration. Debtor and Creditor.
[274] charlton v. wright. July 9, 1841. [Observed upon, Turner v. Cox, 1853, 8 Moo. P. C. 288; 14 E. R. 111.] West India, Estate. Stat. 5 Geo. 2, c. 7. Assets. Administration. Debtor and Creditor. Notwithstanding West India estates are made legal assets by 5 Geo. 2, c. 7, s. 4, they may be devised so as to make them equitable assets. The testator in this cause devised an estate which he had in the West Indies to his executors, in trust to sell and apply the proceeds in payment of his debts. The question was whether that estate was to be considered and dealt with as equitable or as legal assets of the testator. By the fourth sect, of 5 Geo. 2, c. 7 (for the more easy recovery of debts in His 12 SIM. 278. ELLIOTT V. ELLIOTT 1137 Majesty's plantations and colonies in America), it is enacted that the houses, lands, negroes and other hereditaments and real estates, situate or being within any of the said plantations belonging to any person indebted, shall be liable to and chargeable with all just debts, duties and demands, of what nature or kind soever, owing by any such person to His Majesty, or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates arc, by the law of England, liable to the satisfaction of debts due by bond or other specialty, and shall be subject to the like remedies, proceedings and process, in any Court of law or Equity in any of the said plantations, respectively, for seizing, extending, selling or disposing of any such houses, lands, negroes and other hereditaments and real estates, towards the satisfaction of such debts, duties and demands, and in like...
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Lyon v Colville
...equality of payment. We therefore contend that the lands in Jamaica and the compensation fund are equitable assets. In Charlton v. Wright (12 Sim. 274) it. was expressly decided that West India estates may be devised so as to make them equitable assets, whatever be the construction of the s......
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Charles Turner and Others-Appellants; Thomas Francis Cox, the West India Bank, and Others-Respondents
...Committee, as a Court-of the last resort, declined to entertain the question [8 Moo. P.C. 315-16]. The case of Charlton v. Wright (12 Sim. 274), which ruled that real estates in the West Indies might, since the passing of the 5th Geo. II., c. 7, s. 4, be devised, so as to make them equitabl......