Dent v Dent
| Jurisdiction | England & Wales |
| Judgment Date | 14 February 1862 |
| Date | 14 February 1862 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 929
ROLLS COURT
S. C. 31 L. J. Ch. 436; 8 Jur. (N. S.) 786; 10 W. R. 375.
[363] dent v. dent. ^5.11,14,1862. ' [S. C. 31 L. J. Ch. 436; 8 Jur. (N. S.) 786; 10 W. R. 375.] A tenant for life had expended on the estate large sums-I. In completing a mansion left unfinished by the testatrix. II. In erecting a conservatory and vinery. III. In rebuilding a farmhouse and buildings. IV. In erecting cottages. V. In erecting permanent furnaces, works, buildings and cottages at some copper works. VI. In draining marshy ground ; and VII. In making payments to keep a foreign mine working, so as to prevent its forfeiture. Held, that he was entitled to no allowance for these sums out of the personal estate of the testatrix held upon similar trusts, or to any inquiry respecting them, except those laid out in completing the mansion and for the foreign mine, as to which an inquiry was directed whether the outlay was for the benefit of the inheritance. The testatrix devised her estate and mines of Aroa in Columbia, in South America, to trustees and their heirs upon trust for sale, and she directed that the moneys to arise from such sale should sink into and become part of the residue of her personal estate. And the said testatrix gave and devised the residue of her real estates in Great Britain and elsewhere to her brother Wilkinson Dent (the Plaintiff) for life, without impeachment of waste, with remainder to T. W. J. Dent, who was still a bachelor, for life without impeachment of waste, with remainder to his first and other sons in tail male, with remainder to Henry Dent for life, with remainder to his first and other sons in tail, with remainders over. The testatrix also bequeathed her residuary personal estate to her trustees in R. vir.-30 930 DENT V. DENT 30 BEAV. 364. trust, at their discretion, to [364] retain or convert the same, or invest the produce in land to be settled in the same way as the lands devised. The testatrix died in 1847. The testatrix's real estate consisted of:-I. The Flass estate. II. The Breckenslack estate. III. The Meaburn Green property. IV. The Ravenhead Copper Works. V. The Low e.ow estate ; and VI. The Aroa estate in Columbia in South America. Some years before her death, the testatrix, having resolved to build a mansion-house upon the Flass estate, commenced erecting one on a suitable site, and on a scale involving for its completion a very large outlay of money, and she commenced and completed a considerable portion of such mansion-house and the erection of stables and outbuildings adapted to and suitable for a mansion-house of the size and description so commenced. If the testatrix had lived and completed the mansion-house upon the scale which she so commenced it, and had laid out and drained the pleasure-grounds around the same, and made suitable...
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