Milnes v Gery
| Jurisdiction | England & Wales |
| Judgment Date | 14 December 1807 |
| Date | 14 December 1807 |
| Court | High Court of Chancery |
English Reports Citation: 33 E.R. 574
HIGH COURT OF CHANCERY
Followed, Vickers v. Vickers, 1867, L. R. 4 Eq. 529; Richardson v. Smith, 1870, L. R. 5 Ch. 649 n., Hart v. Hart, 1881, 18 Ch. D. 685.
milnes v. gery. Rolls. Nov. 2ith, 26th, Dec. 1st, 8th, and I4=th, 1807. [Followed, Vickers v. Vickers, 1867, L. R. 4 Eq. 529 ; Richardson v. Smith, 1870. L. R. 5 Ch. 649 11., 652 ; Hart v. Hart, 1881, 18 Ch. D. 685.] Agreement for Sale according to the valuation of two persons, one chosen by each party, or of an umpire, to be appointed by those two in case of disagreement. Bill for a specific performance ; praying, that the Court will appoint a person to make the valuation, or otherwise ascertain it, dismissed. By indentures of lease and release, previous to the marriage of John Milnes and Mary Selina Gery, one-third part of certain estates was settled after the respective deaths of William Gery, the father of Mary Selina, and of his mother Eleanor Gery, on the husband and wife for life, and afterwards on the children of the marriage in the usual manner ; and the settlement contained the following proviso : 14 VES. JTJN, 401. MILNES V. GERY 575 Provided nevertheless, that notwithstanding any of the uses or estates, hereby created, it shall and may be lawful to and for the trustees or the survivor of [401] them, &c., at any time or times during the joint lives of the said John Milnes and Mary Selina Gery, his intended wife, or during the life of the survivor, with the consent and approbation of them, or the survivor of them, testified in writing for that purpose, by good and sufficient conveyances and assurances in the law to sell, convey, and dispose of, the same undivided third part of and in all and every the said manor and messuages, lands, &c., hereinbefore conveyed to the Rev. Hugh Wade Gery, for one-third part or share of such price as the entirety of the same hereditaments shall be valued at by two different persons, the one to be named by the said John Milnes and Mary Selina Gery during their joint lives, or by the survivor of them during his or her life, and the other by the said Hugh Wade Gery ; and that, if such persons, so nominated, should happen to disagree, then those two shall chuse a third person, whose determination therein shall be final, according to the condition of a certain bond, bearing even date with the said settlement, and made from the said John Milnes to the said Hugh Wade Gery in the penal sum of 12,000, in case the said Hugh Wade Gery should chuse to become the purchaser thereof ; and should declare such his intention in writing six months next after the several deceases of the said William and Eleanor Gery; with a power, in case of the refusal of Hugh Wade Gery, to sell to other persons. Notice was served accordingly in due time after the decease of William and Eleanor Gery by Hugh Wade Gery upon Mr. Milnes ; and the parties appointed each a person to set a value on the said estate. The persons appointed measured the premises, and held several meetings, in order to determine the value, but they differed greatly in their respective estimates : the valuer of Milnes estimating the property very considerably higher than the [402] valuer of the other party : nor were they able to agree upon any third person, who should make a final determination. The Plaintiff therefore filed this Bill to have the agreement carried into execution : praying, that the notice by the Defendant may be considered...
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Sudbrook Trading Estate Ltd v Eggleton
...and are therefore without remedy. The option is unenforceable. 7 The ground is encumbered with authority, more ancient than modern. In Milnes v. Gery, (1807) 14 Vesey's Reports 400, there was a contract for sale at a price to be determined by two valuers or an umpire chosen by the valuers. ......
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Talbot v Talbot
...categorical, plain statement; and the learned author - himself no mean authority - supports it by a note which refers to the case of Milnes v. Gery. in 14 Vesey, to which the Vice-Chancellor referred. That went off on a different point but it is a judgment of Sir William Grant, himself a ve......
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Sudbrook Trading Estate Ltd v Eggleton
...allowed the appeal, holding, with expressed regret, that they were bound by an unbroken series of authorities, starting as long ago as Milnes v. Gery (1807) 14 Ves. Jr. 400, to allow the appeal. For my part, I think they were so bound. Templeman L.J.'s judgment refers to and incorporates an......