Elliott v Fisher
| Jurisdiction | England & Wales |
| Judgment Date | 11 March 1842 |
| Date | 11 March 1842 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 1226
HIGH COURT OF CHANCERY
Will. Conversion.
[505] elliott v. fisher. March 11, 1842 Will. Conversion. Testator devised a real estate to his daughter for life, and then to be sold and the proceeds divided amongst her children. One of her children died in her lifetime, having devised his share of the estate to his son. Held, that the deceased child took his share of the estate as personalty in reversion expectant on his mother's death ; and consequently that his executrix, and not his son, was entitled to it. Thomas Watman, being seised of an estate, partly freehold and partly copyhold, called the Gale estate, and having surrendered the copyhold part to the use of his will, devised the estate to his daughter Ann Elliott for her life, and then to be sold by his trustees thereinafter named, and the proceeds divided amongst all the children of hia said daughter, share and share alike, excepting Bella Fisher ; and he appointed John Biglands, John Chambers atid William Donald trustees of his will. The testator died in 1818. His eldest son, Robert Watman, was his heir at law and customary heir. On the testator's death his daughter, Ann Elliott, entered into possession of the Gale estate; and continued in possession of it until her death. She had ten children, including Bella Fisher. All of them, except Thomas, who was her eldest son, survived her. He, by his will, dated the 19th of September 1840, gave to his son, the Defendant, Thomas Robert Watman Elliott, and his heirs, all his, the testator's, share of the estate called Gale, as willed to him by his late grandfather, Thomas Watman, 18 SIM. 808. DAUBENY V. COGHLAN 1227 subject to his mother's life interest therein; and he appointed the Plaintiff, Fanny Elliott, sole executrix of hia will. He died shortly after the date of his will. His mother, Ann Elliott, died on the 5th of November 1841. Two of the questions raised by the bill were whether the legal estate in fee in the Gale estate was vested [506] under the will of the testator, Thomas Watman, in the children of Ann Elliott...
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