Hodges v Green
| Jurisdiction | England & Wales |
| Judgment Date | 20 November 1827 |
| Date | 20 November 1827 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 715
HIGH COURT OF CHANCERY
S. C. 6 L. J. Ch. (O. S.) 33.
[28] hodges v. green. Rolls. Nov. 20, 1827. [S. C. G L. J. Ch. (0. S.) 33.] A conveyance of an estate to trustees, upon trust to sell for payment of debts, is not a revocation of a prior will, because it declares that the surplus monies arising from the sale shall be personal estate of the testator ; but if it have the further purpose to provide an annuity for the separate use of the wife until the sale, it will be a revocation, because the wife will be entitled to the annuity, after the death of the husband, if the sale do not take place in his lifetime. The question in the cause was, Whether the will of the testator was revoked as to a particular estate by a deed subsequently executed. In 1806, William Hodges made his will, devising all his real estates. By indentures of lease and release, dated in December 1811, he conveyed certain estates in Oxfordshire to Charles Green and George Green, and their heirs, upon trust for sale or mortgage, and to apply the money to arise from such sale or mortgage in payment, first, of an old mortgage debt of 8000 ; secondly, of scheduled debts ; and then, after retaining whatever might be due to them for expenses, &c., of a recent mortgage debt of 5000. In the release it was further declared, that, as to tho residue or surplus of monies to be received from a sale, the trustees should stand possessed of the same in trust for the testator, his executors, and administrators as personal estate; and that, as to such part of the premises as should not be sold, the trustees should stand seised of it in trust for the testator, his heirs, and assigns ; and power was given to Charles Green and George Green, until a sale should take place, to demise the premises, and to fell timber. The deed further provided, that, in the meantime, and until a sale was effected, the trustees should receive the rents and profits, and the money arising from the sale of timber, and should apply the same in payment, first, of the interest on the mortgage of 8000, and, in the second place, of an annuity of 750 a^year to Catherine [29] Hodges, the testator's wife, for her sole and separate use, and free from the debts or control of Mr. William Hodges. The next trust was, for discharging the interest on certain other debts ; and the residue of the money, if any, was to be applied in payment of the principal of the debts. The deed contained...
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