Humble v Humble
| Jurisdiction | England & Wales |
| Judgment Date | 03 November 1857 |
| Date | 03 November 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 464
ROLLS COURT
S. C. 3 Jur. (N. S.) 1289.
[535] humble v. humble. Nov. 3, 1857. [S. C. 3 Jur. (N. S.) 1289.] A testator devised his real estate to trustees for a term of 5000 years, to raise the deficiency of his personal estate to pay his debts and legacies, and which term was to cease on the performance of the trusts; subject thereto he devised it to his son in fee. In 1807 the son conveyed his estate to a creditor (A. B.), in trust, by sale or mortgage, to raise and pay the debt. In 1811 a suit was instituted to administer the testator's real and personal estate, but A. B. was not made a party until 1841. He took no steps to realise his security, and obtained no payment or acknowledgment. The estate was sold, and the surplus was in Court. Held, in 1857, that A. B.'s claim was barred by the Statute of Limitations, and that it was not protected either by the prior term or the pending litigation. The testator, after giving certain legacies, devised hia real estates to Charles Brandling and Charles John Brandling, for the term of five thousand years, to commence from the time of his decease, upon trust, " by mortgage or sale of all or any part of the premises comprised in the term or by the rents and profits thereof in the meantime, or by such other ways and means as they should think fit, with all convenient speed after his decease, from time to time, as it should be necessary, to levy and raise all such sum and sums of money as should be sufficient to pay and satisfy all such part of his just debts, funeral expenses, legacies, annuities, and portions thereinbefore given and bequeathed as his personal estate should fall short or be deficient to pay;" and also the costs of the execution of the trusts; and also pay the surplus of the rents to his three sons, Joseph Humble, John Humble and Thomas Humble, their heirs and assigns, in equal shares. And he declared that when the trusts of the term of five thousand years should be fully satisfied, the term should cease. And he devised the reversion and inheritance of the premises comprised in the term, and subject thereto and to the trusts thereof, unto his sons 24BBAV.K8. HUMBLE V. HUMBLE 465 Joseph Humble, John Humble and Thomas Humble, their heirs and assigns for ever, as tenants in common, and he appointed them his executors. [636] The testator died in 1798. John Humble, being indebted to his bankers in the sum of £24,000, by indenture of...
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