Flint v Warren
| Jurisdiction | England & Wales |
| Judgment Date | 29 February 1848 |
| Date | 29 February 1848 |
| Court | High Court of Chancery |
English Reports Citation: 60 E.R. 820
HIGH COURT OF CHANCERY
S. C. 12 Jur. 810.
Conversion. Heir and Next of Kin.
820 FLINT V. WAREEN l SIM. 12*. [124] flint v. warren. Feb. 28, 29, 1848. [S. C. 12 Jur. 810.] Conversion. Heir and Next of Kin. Testatrix, by her will, after expressing an intention to dispose of all her real and personal estate as thereinafter mentioned, gave certain legacies, and appointed A. and B. her executors, and gave to them and their heirs all lawful powers and authorities to conduct and manage her freehold estates, so as that the same might, at their discretion, be sold and converted into money, and she directed that the net money should form part of her personal estate ; and, for those and every other purpose connected with her property, whether real or personal, she invested A. and B. and the survivor of them and his heirs, executors and administrators, with her full authority; and she directed that any undisposed-of surplus of monies should be paid as she should, by any future writing or will, direct. She did not, however, make any future writing or will. After her death A. and B. sold her real estates. Her personal estate was sufficient to pay her debts and legacies. Held, that her heir, and not her next of kin, was entitled to the monies produced by the sale. Mary Braddon, the testatrix in the cause, by an instrument intituled as instructions for her will, but which, together with a schedule to it, was proved as her will, expressed herself as follows :- " As to my real and personal estate and effects whatsoever which it hath or may please God to bestow upon me, I dispose thereof as hereinafter mentioned, that is [126] to say: I hereby declare my will and mind to be that, in the event of my dying intestate as to all or any of my messuages, lands, tenements, hereditaments and real estate or any part of any of them, that the same shall not, by descent, go to my now heiress at law, Mary Decaufour spinster,(l) now of the age of eighty-seven years, but that the persons or person next in succession shall be thereto entitled, in like manner as if the said Mary Decaufour had died in my lifetime ; but I hope no such intestacy will arise; and, in the meantime, I leave and give the directions in these my instructions hereinafter contained : also I give and bequeath the several annuities and legacies mentioned in the schedule marked A in the margin of this sheet of paper, and to the several persons and charitable...
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