Doe D Jones v Ann Hughes
| Jurisdiction | England & Wales |
| Judgment Date | 14 February 1851 |
| Date | 14 February 1851 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 523
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 20 L J Ex 148 Discussed, Robinson v Louater, 1854, 17 Beav 592 affirmed, 5 De G M & G 272, Cook v Dawson, 1861, 3 De G F & J 127, In re Tanqueray-Willaume and Landau, 1882, 20 Ch D 477
ddk D jones v ann huuhes Feb 14, 151 -An executoi has no implied power to sell or mortgage land which descends to the hen chaiged sirnplicitei with the payment of debts-Theiefoie, wheie a testator, after charging all his leal and personal estate with his debts, tuneral and testamentary expenses, and a certain legacy, devised the tents and profits of all his messuages and lands, except his Bala houses, to his wife, for life, with remainder in fee to H , and also bequeathed to his wife the whole of his personal estate, and appointed her sole executrix - Held, that the Bala houses descended to the hen, subject to a charge \vhich could only be enforced in equity , and that the executnx had no implied power to sell or mortgage them for the payment either of the debts, funeral or testamentary expenses, or legacy [S C JO L J Ex 148 Discussed, Robinson v Lowate-i, 1854, l7Beav 592 atfuuied, 5 De G M & G 272, Cook v Dawson, 1861, 3 De G F & J 127 , In ie, Tunqiieruy-H^iUaume ami Landau, 1882, 20 Gh L 477 J Ejectment to recover certain houses in the town of Bala, in the parish of Llanycil, in the county of Merioneth At the trral, before Talfourd, J , at the last Merionethshne Assizes, the lessor of the plaintiff was proved to be entitled as devisee of Jane Hughes, deceased, who was the heir at law of Evan Hughes, the person last served The defendant, who was the vfidow and executrix 01 Evan Hughes, put in evidence his will, which was in the fallowing tetms "I subject and make liable all rny real and personal estate with the payment of my just debts, funeral and testamentary expenses, and charges thereon, afid the legacy hereinafter by me bequeathed , and subject thereto and to the payment thereof, I give and devise the rents and piohts of all and singular my messuages, faims, and lands (except rny Bala houses) situate in the parishes of Llanfyllin and L|larrycil, unto my dear wife Ann Hughes, for and during the term of her natural life , alid that my said wife has a power to chatge one half of the value of [224] my Ijlanfyllin property, and to be at her own disposal, and after her decease, 1 give and dsvise my messuages called Lhyrimoel, Bryndu, arrd Erwbach, unto my relation Hugh Hughes, his hens and assigns, foi evei I give and devise, after my wife's decease, all and singular other the farms, tenements, messuages, and lands, situate in the several parishes ot Llanycil arrd Llarrfyllin, unto my friends and relations Kobeit Jones and (jadwal.ider Jones, their hens and assigns, tor evet I give and bequeath unto my ffiend Edward Rowlands, 51 for making this my will And as touching and concerning the test, residue, and remainder ot all and singular my personal estate, ready money, plate, china, linen, and furniture, of what nature or kind soever and wheresoever, although not herein specifically named and particularised, I give and bequeath the same unto my said dear wife, Ann Hughes, to be at her own disposal, and I do hereby appoint her the sole executnx of this my last will and testament" It was then proved th.it the testator, Evan Hughes, had died indebted to nearly the amount of 20001 , and that the defendant had by deed appornted and conveyed the Bala houses to one John Jones and his heirs, in tiust, by sale or mortgage thereof, to raise money for payment of the testator's debts , and it was contended that, under 524 DOE V HUGHES 6 EX 225 the will, tbe defendant, in her charactei of executnx, had an implied power of appomt-meqt for that purpose, eithei of real estate devised by the will, 01 of real estate whrth, not being disposed of by the will, descended to the hen at Luv No pi oaf was givoii of the amount of the testator's personal estate Under the direction of the learned Judge, a veidict passed foi the plaintiff, leave being reserved to the defendant to move to entet a nonsuit In last Michaelmas Term, K Beavan obtained a rule accordingly , uting Atunt-ynuni't (3 Dyei, 371 b ), and Forbes v Peacock (11 M & W 630) [225] Welsby and E V Richards shewed cause at the pi esent Sittings (I''eb 12, L!) Tha argument in support of this rule must be, that merely fiom a general charge of debts and legacies by will upon the real estate of the testator, theie is implied by law a power in the executor named in the will, to r.use...
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