Hodkinson v Quinn
| Jurisdiction | England & Wales |
| Judgment Date | 23 November 1860 |
| Date | 23 November 1860 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 763
HIGH COURT OF CHANCERY
S. C. 30 L. J. Ch. 118; 7 Jur. (N. S.) 65; 3 L. T. 804; 9 W. R. 197.
Charge of Debts. Implied Power of Sale. Postponed Power in Trustees.
I J. & H. 303. BLODKINSON V. QUINN 763 [303] hodkinson v. quinn. Nov. i',3, 1860. [S. C. 30 L. J. Ch. 118 ; 7 Jur. (N. S.) 65 ; 3 L. T. 804; 9 W. K. 197.] Charge of Debts. Implied Power of Sale. Postponed Power in Trustees. A testator, after a charge of debts, devised certain real estates to trustees upon trusts for his daughters and their families; and after the deata of the surviving daughter, upon trust to sell, with power to give receipts, and to apply the proceeds, after satisfying all incumbrances affecting the said real estates, upon certain trusts. Held, on demurrer, that the trustees could make a good title without the concurrence of the executors. This was a demurrer. The material statements of the bill were as follows :- Roger Collier made his will, dated the 8th of August 1830, which, after certain devises and bequests, proceeded thus : " And as to all my real estate, hereditaments, and premises, situate in Tranmere-after my just debts, funeral and testamentary expenses, shall be first paid thereout-I give, devise, and bequeath the same, and every part thereof, to Thomas Cartwright and Thomas Warringtou, [304] to hold the same and every part thereof, subject to the payment of my said debts, funeral and testamentary expenses, unto the said Thomas Cartwright and Thomas Warrington, and the survivor of them, and the heirs, executors, and administrators of such survivor, for ever, or for and during all my estate, term, and interest therein respectively," upon trusts for the testator's daughters Mary ani Hannah, for their separate use for their lives, with limitations over in favour of the issue of the one first dying. " And upon the death of the survivor of my said two daughters, Mary Bradburn and Hannah Briscoe, upon further trust, that they my said trustees, or the survivor of them, or the executors or administrators of such survivor, do and shall, with all convenient speed, make sale, and absolutely dispose of my said real estate, hereditaments, and premises, situate in Tranmere aforesaid, and 3very part thereof, either by public auction or private contract, and either together or in parcels, to any person or persons who shall be willing to become the purchaser o:1 purchasers thereof, for the most money and best price that at the time or respective times of such sale or sales can or may, in the judgment of them my said trustees ar the survivor of them, or the executors or administrators of such survivor, be fa:rly and reasonably obtained for the same, and do and shall make and execute all such deeds, conveyances, and assurances, as shall be requisite and necessary to effectuate such sale or sales. And I do hereby declare and direct that the receipt or receipts of my said trustees or the survivor of them, or the executors or administrators of s ich survivor, shall be a good and effectual release and discharge, or good and effectual i eleases and discharges to any purchaser or purchasers of my said real estate, hereditaments, and premises, situate in Tranmere aforesaid, or any part or parts thereof, for his, her, or their purchase-money or respective purchase-moneys, or for so much thereof as in such receipt or [305] receipts shall be expressed or acknowledged to be received ; and that such purchaser or purchasers, after such receipt or receipts shall have been obtained by him or them, shall not be answerable or accountable fo* any loss, misapplication, or...
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