Gardner v Hatton
| Jurisdiction | England & Wales |
| Judgment Date | 02 April 1833 |
| Date | 02 April 1833 |
| Court | High Court of Chancery |
English Reports Citation: 58 E.R. 530
HIGH COURT OF CHANCERY
See Oliver v. Oliver, 1871, L. R. 11 Eq. 511; In re Robe, 1889, 61 L. T. 499.
Specific Legacy. Ademption.
[86] bartram v. wkichcote. April 1, 1833. Vendor and Purchaser. Title. Power of Sale and Exchange. The donees of a power of sale and exchange, may pay money for owelty of exchange, although they are not expressly authorized so to do. John Manners, Esquire, by his will, dated the 13th of September 1791, devised to trustees and their heirs, all his lands and hereditaments at Osbournly, and also all other lands and hereditaments of which he had power to dispose by his will, in trust to convey, settle and assure the same from and after his decease, to the use of his eldest son William Manners and his assigns for life, with remainder to trustees to preserve contingent remainders, with remainder to the use of the first and other sons of William Manners, successively in tail male, and, for want of such issue, to the uses thereinafter mentioned: and he directed that the settlement to be made in pursuance of his will should contain a proviso and declaration that it should be lawful for the trustees thereof for the time being, at any time or times thereafter, at the request and by the direction of the person or persons who, by virtue of the limitations contained in such settlement, should, for the time being, be entitled to the rents and profits of the said hereditaments, and testified as therein mentioned to dispose of and convey, either by way of absolute sale, or in exchange for or in lieu of other hereditaments to be situate in England, all or any part of the estates so directed to be settled, and the inheritance thereof in fee-simple, to any person or persons whomsoever, for such price or prices in money, or for such equivalent or recompense in manors, lands or hereditaments, as to the trustees should seem reasonable; and that, for the purpose of effectuating such dispositions or conveyances, but not for any other purpose, it should be lawful for the [87] trustees, with such consent and approbation as therein mentioned by any deed or deeds, to be executed and attested as therein mentioned, to revoke, determine and make void all and every or any of the uses, trusts, powers and provisoes in and by such settlement to be limited, declared and 528 BAKTRAM V. WHICHCOTE 6 SIM. 88. expressed of or concerning the estates therein to be comprised or any part thereof, and...
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