Flint v Warren
| Jurisdiction | England & Wales |
| Judgment Date | 02 May 1845 |
| Date | 02 May 1845 |
| Court | High Court of Chancery |
English Reports Citation: 60 E.R. 473
HIGH COURT OF CHANCERY
S. C. 16 L. J. Ch. 441; 11 Jur. 665.
Conversion. Will. Construction.
14 SIM. 564. FLINT V. WABREN 473 [554] flint v. warren. May 2, 1845. [S. C. 16 L. J. Ch. 441; 11 Jur. 665.] Conversion, Will. Construction. Testatrix, after expressing her 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 the net money to form part of her personal estate ; and for those and every other purpose connected with her property, whether real or personal, she invested them, 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. Held, that the real estate was converted out and out into money, and subjected, in common with the personal estate, to the payment of the testatrix's debts and legacies. Mary Braddou, by an instrument, dated the 6th of March 1834, which was duly executed and attested and proved as her will, but intituled as instructions for it, declared that, as to all her real and personal estate, she disposed thereof as thereinafter mentioned (that is to say), in the event of her dying intestate as to all or any part of her real estate, she declared that the same should not, by descent, go to her then heiress at law, Mary Decaufour, but that the persons or person next in succession should be thereto entitled in like manner as if Mary Decaufour had died in her lifetime, but she hoped no such intestacy would arise; and, in the meantime, she left and gave the directions in those her instructions thereinafter contained : also, she gave and bequeathed the several annuities and legacies mentioned in the schedule marked A, and to the several persons and charitable institutions therein named. The schedule contained bequests of annuities and of sums of three per cent, consols to different individuals, and of sums of money to three charitable institutions in or .near Canterbury, and to R. Flint and J. Warren, who the testatrix said were to be her executors. In the body of the instrument she gave to each of the in-brothers and in-sisters for the time...
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