Johnson v Woods
| Jurisdiction | England & Wales |
| Judgment Date | 29 February 1840 |
| Date | 29 February 1840 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 1240
ROLLS COURT
See Fitch v. Weber, 1848, 6 Hare, 151.
1240 JOHNSON V. WOODS 2BBAV.409. [409] johnson v. woods. Feb. 26, 29, 1840. [See Fitch v. Weber, 1848, 6 Hare, 151.] A testator gave his real and personal estate to trustees, upon trust with all convenient speed to convert into money; and he directed them, at the end of twelve months after his decease, to invest the sum of 600 out of his personal estate, in trust for a charity; he also directed them at the end of twelve months after his decease (all his property being personal), to lay out the residue for other charities. The realty was sold. Held, that the 600 was not payable out of pure personalty, but out of the mixed fand; and that this gift, and the gift of the residue were rendered void by the Mortmain Act, in the proportion which the realty bore to the personalty; Held also, that the realty was not converted to all intents, so as to entitle the next of kin to the fund released in consequence of the invalidity of the gift of the real estate to charity. The testator in this cause, by his will dated in 1832, gave, devised, and bequeathed all his real and personal estate whatsoever and wheresoever to the Defendant Woods and two other trustees, upon trust, with all convenient speed after his death, to dispose of all his freehold and leasehold estates and premises, with tht appurtenances; and also to sell and convert into money, except as was thereinafter excepted, all such part of his personal estate and effects as should not consist of money; and he directed his executors to stand and be possessed of and hold the monies to arise or be gotten by the means aforesaid or otherwise under or by virtue of that his will, in trust in the first place to satisfy his debts, funeral and testamentary expenses, and certain legacies ; and he directed that his trustees " should, at the end of twelve months next after his decease, invest the sum of 600 out of his personal estate in the purchase of Parliamentary stocks or funds of Great Britain, or upon real or other security, at interest, with full power to vary or change the same funds and securities, at their discretion, for the general good and benefit, but without impeachment of waste, upon the trusts thereinafter mentioned, that is to say, in trust to pay the interest, dividends, and other proceeds of the funds and securities upon which the said sum of 600 should be so invested, &c., unto his wife for her life, or during her widowhood, and at the death or [410] marriage again of his wife, in...
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William Boughton, John Henry Boughton, and Frederick Wintle Boughton, - Appellants; William Boughton, John James, and John James the Younger, The Rev. John Prosser and his Children, Henry k. Whithorn and Wife, John Boughton, Alicia Joyce Boughton, Jane Boughton, Edward Vaughan Boughton, George Hough and Lucy his Wife, Mary Jane Boughton, Elizabeth Jones Boughton, and Ellen Young Boughton (First Appeal), - Respondents; and William Boughton (the first above-named Respondent), - Appellant; John James, and all the other above-named Respondents and Appellants (Second Appeal), - Respondents
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