Hopkinson v Ellis
| Jurisdiction | England & Wales |
| Judgment Date | 18 November 1846 |
| Date | 18 November 1846 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 547
ROLLS COURT
S. C. 16 L. J. Ch. 59.
[169] hopkinson v. ellis. Nov. 18, 1846. [S. C. 16 L. J. Ch. 59.] Held, upon the construction of a will, that the real estate had not been converted out and out. A testator directed his debts to be paid out of his personal estate, and, in a subsequent clause, out of a mixed fund composed of realty and personalty. Held, on the context, that the latter direction prevailed. Oosts of administration suit payable pro raid out of a mixed fund composed of realty and personalty. Sir John Ellis, by his will, after directing his debts, funeral and testamentary òexpenses to be paid by his executors out of his personal estate, devised and bequeathed his freehold messuage, &c., at A., "and all other his real estates whatsoever and wheresoever, and all and singular his household goods," &c., &c., "and all and .singular other Ms personal estate and effects," to four trustees, their heirs, executors, fec., upon trust, with all convenient speed, " to sell and dispose of and convert into money all and singular his said real and personal estate and effects," &o., " and by and òout of the monie& arising from such sale and conversion into money of his said real and personal estate and effects, in the first place," to pay the expenses attending " such :sale and conversion," and the current expenses of executing the trusts of his will and funeral and testamentary expenses, and his just debts, and to invest in the consols sufficient to produce £300 a year for J. C. for life, and after her decease to pay the principal as she should appoint, and in default, to her next of kin. And upon further trust to pay a pecuniary legacy, and to purchase a number of life annuities, which the [170] testator specified. He then proceeded as follows :-òò" And I direct that the said annuities shall, if possible, be purchased from Government on the usual terms, but if not, then from some good and respectable insurance office; or if my trustees shall deem the same more advisable, the same annuities may be secured by aa investment in the funds, of a sufficient sum of money out of the proceeds of my real and personal estate, but so as not to charge the said real estate therewith, which sums, as the said annuities fall in, shall sink into and form part of my residuary personal estate," The testator then gave certain legacies out of "his said real and personal estate," and amongst them one to T. E. E. C. upon her attaining the age of twenty-one years, but if she should happen to depart this life under that age, to pay the same legacy or sum unto her father, if living, immediately after her decease ; but if he should not -survive his said daughter, that the said legacy of .£200 should sink into and form part of...
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