Forbes v Peacock
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1843 |
| Date | 31 May 1843 |
| Court | Exchequer |
English Reports Citation: 152 E.R. 957
EXCHEQUER OF PLEAS.
S. C. 12 L. J. Ex. 460; 7 Jur. 668: Equity, 12 Sim. 528: reversed 1 Ph. 717.
forbes v. peacock. Exch. of Pleas. May 31, 1843.-A testator, after directing all his just debts to be paid, and bequeathing certain personal estate to his wife.for life, devised a freehold house to her " for her natural life, with liberty to sell it in case a good offer is made, and invest the proceeds of it in the 5 per cent, stock, for her benefit during her life." And in a subsequent part of the will he desired that, " at the death of his wife, the residue of his estate might then be collected, including the proceeds of the house and lot, if not previously sold, to be then disposed of to good advantage, to be divided as follows," &c. He appointed his wife, the plaintiff, and one It. C., to be executrix and executors of his will. 958 FORBES V. PEACOCK 11M. &W. 831. The plaintiff and the widow proved the will. E. C., the other executor, died in the lifetime of the widow. After the death of the widow, the plaintiff, the surviving executor, entered into a contract with the defendant for the sale of the house :-Held, that, whether there were or were not debts unpaid, and whether it was or was not uncertain whether any debts remained upaid, the plaintiff had a power to sell and convey the house in fee-simple.-Qutere, whether the widow could have sold the house in her lifetime, without the concurrence of the executors. [S. C. 12 L. J. Ex. 460; 7 Jur. 668: in Equity, 12 Sim. 528: reversed 1 Ph. 717.] The following case was sent by the Vice-Chancellor of England for the opinion of this Court :- John Fisher Throckmorton, at the time of making his will, and at his death, was seised in fce-simple of a messuage, garden, and other hereditaments, in Hornsey Lane, in the county of Middlesex, and by his will of the 18th of March, 1815, devised as follows :-"All my just debts to [631] be paid and all debts. First, I give and bequeath to my dear wife Elizabeth Throckmorton, all plate, jewels, wines, household furniture, monies at the bankers, or elsewhere, belonging to me, and all stock in the funds, partly during her natural life, and partly at her own disposal, as shall hereinafter be provided for. Secondly, in order that she my aforesaid dear wife, Elizabeth Throckmorton, may have wherewithal to support herself comfortably, I wish her to lay out in government annuities for her life 2500 sterling, half in the Consols, and half in the Reduced 3 per Cents., which will bring her payments in quarterly. The remainder of my property I desire may be invested in the 5 per cent, stock, for her benefit during her natural life. Thirdly, the house and ground on which it stands, garden, and all thereto belonging, being now my own freehold property, paid for, and Without incumbrance, I give to her for her natural life, with liberty to sell it in case a; good offer is made, and invest the proceeds of it in the 5 per cent, stock, for her benefit during her life; or she may let it on a running lease for seven or fourteen or twenty-one years, the said lease to expire and terminate at the first of the three of the above periods that may happen subsequent to her demise. Out of my estate, the monies bo directed to be invested as aforesaid, or any part of them, I give and bequeath, at the death of my said dear wife, to Mary May, great niece of my said dear wife, provided she conducts herself, as she has always hitherto done, to her aunt's and my satisfaction, 1000 for her sole use and benefit; and also interest of 1000 5 per eent, stock, during her the said Mary May's natural life. Fourthly, should the aforesaid Mary May die before her aunt, Elizabeth Throckmorton, then the 1000 left as above for her sole use and benefit is to be with the rest of my remaining property, to form a residuary fund, to be ..disposed of as hereinafter to be named at the death of my aforesaid wife: but in case of her the said Mary May's decease, as above said, before 632] that of her aunt Elizabeth Throckmorton, then and in that case only, I give, at the death of Elizabeth Throckmorton, the interest of the 1000 5 per cent, .stock spoken of as aforesaid to Mary Graham and Eliza Graham, daughters of my late good friend and...
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