Hartland v Murrell
| Jurisdiction | England & Wales |
| Judgment Date | 06 July 1859 |
| Date | 06 July 1859 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 79
ROLLS COURT
See In re Bailey, 1879, 12 Ch. D. 273. In re Tanqueray-Willaume and Landau, 1882, 20 Ch. D. 476.
[204] hartland v. muhrell. July 6, 1859. [See In re Bailey, 1879, 12 Ch. D. 273. In re Tanqueray-Willamne and Landau, 1882, 20 Ch. D. 476.] When a testator devises his real estate to his executors and directs them to pay all his debts, that constitutes a charge on the real estate, although they take no beneficial interest in it. 80 SHEFFIELD V. KENNETT 27BEAV.2M. James Cooke, by his will dated in 1839, first directed all his just debts and fuueral and testamentary charges and expenses to be fully paid and satisfied by his executors, thereinafter named, and after bequeathing legacies to his children, he devised to three trustees (whom he also appointed his executors) all his estate, real or personal, upon trust to permit his wife to receive the rents of the real estate during her life, and immediately after her decease upon trust to sell his real estate; and with all convenient speed after his decease to collect, call in and convert the whole of his personal estate into money, and from and out of the moneys to arise therefrom to pay all his just debts and funeral and [205] testamentary charges, and also the said several legacies, and invest the residue and pay the income unto his said wife during her life, and after her decease the testator gave the produce of the real and the residue of his personal estate to his children. He appointed the three trustees to be executors of his will. The testator died in 1842. After the testator's death his trustees and executors borrowed from the Gloucestershire Banking Company divers sums of money, for the purpose of paying the testator's debts and expenses incurred by them in the execution of the trusts of his said will, and as a security for the repayment of such advances they deposited with the banking company the title-deeds and writings relating to testator's real and personal estate, and on the 27th of May 1853 they conveyed the real estate to the hanking company by way of mortgage for securing the repayment of 3920. This suit was instituted by the banking company, by their public officers, to...
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