Ingle v Richards
| Jurisdiction | England & Wales |
| Judgment Date | 21 June 1860 |
| Date | 21 June 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 405
Rolls Court
S. C. 6 Jur. (N. S.) 1178; 8 W. R. 696.
[361] INGLE V. RICHARDS (No. 1). June 20, 21, 1860. [S. C. 6 Jur. (N. S.) 1178 ; 8 W. R. 696.] A trustee for sale bought the trust estate at an auction and died. Held, that his heir at law had no right, as against his next of kin, to have the contract completed for his benefit. The testator, Henry T. Richards, by his will made in 1853, devised his real estate to his mother for life, and after her death, to his brothers Thomas Richards and John Bull Richards, and their heirs, upon trust to sell, with a power to buy in the premises at any public sale, and to stand possessed of the proceeds of such sale upon trust for his two sisters and their children, and he appointed Thomas Richards arid John Bull Richards executors of his will. The testator died on the 3d of June 1853, and shortly after his death, his will was proved by Thomas Richards and John Bull Richards. The testator's widow, the tenant for life, died in September 1854, and in the course of the next year, the trustees directed the real estate of the testator to be sold by auction: provided, that immediately on the property being knocked down, a contract should be signed and a deposit paid by the purchaser, and that the purchase should be complete on the 11th October 1855. At the auction, Mr. Lawrence, the solicitor of the trustees, by the authority of John Bull Richards (but not in his name or appearing as his agent), became the purchaser of part of the property (an estate at Doddington) at a price which, by the evidence (including an affidavit of the auctioneer, and which was uncontradicted on this point), appeared to exceed what could have been otherwise obtained. No contract, however, was signed, nor was any deposit paid. The only evidence of the contract was an entry in the auctioneer's book of the sale made by the auctioneer himself, wherein he entered [362] Mr. Lawrence as the purchaser of the lot at the price bid by him. Mr. Lawrence really purchased as the agent for and on behalf of J. B. Richards. John Bull Richards died intestate on the 13th September 1855, before any conveyance or, so far as appeared, without any abstract of title having been delivered or approved of. Shortly after his death, Thomas Richards, his heir at law, claimed to be entitled to the land purchased, and he also claimed, as administrator of the intestate, to retain the purchase-money out of...
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