Trail v Bull
| Jurisdiction | England & Wales |
| Judgment Date | 12 July 1844 |
| Date | 12 July 1844 |
| Court | High Court of Chancery |
English Reports Citation: 63 E.R. 452
HIGH COURT OF CHANCERY
S. C. 22 L. J. Ch. 1082.
[352] trail v. bull. July 11, 12, 1844. [S. C. 22 L. J. Ch. 1082.] Testator bequeathed all his personal estate to his wife, with the exception of two leasehold houses, the rents of which he gave to her during her life, and after her death directed that they should be sold, and the produce divided between his four children; and he appointed his wife and another person his executrix and executor. Upon the death of the testator the wife entered into possession of his personal property, including the leasehold houses, and paid all the testator's debts; Held, under the circumstances of the case, that she had assented to the legacy to the testator's children. It is not essential to the efficacy or .validity of an assent to a bequest that it should confer a legal interest, or affect the mere legal title to the subject of the bequest. Charles Salmon, by his will, dated the 1st March 1834, gave and bequeathed unto his wife, Elizabeth Salmon, all his personal estate and effects whatsoever and wheresoever, to and for her own use and benefit, excepting his leasehold house in Dorset Street, and his leasehold house in East Street, both in the parish of Saint Marylebone, in the county of Middlesex, the rent or rents arising from which two houses he gave-unto his said wife, Elizabeth Salmon, during the term of her natural life; and after the death of his said wife, his will was that the two above-named leasehold houses-should be sold for the best price that could be got, and the produce of them should* be equally divided between his daughter, Mary Ann Maynard (since deceased), the-wife of Kobert Maynard, his [353] daughter, Elizabeth Emma Salmon (afterwards the wife of Edwin Trail), his son, Charles Salmon, and his son, William James Salmon, share and share alike; but that, if either of his daughters or either of his sons should die without issue, that share or shares should go and belong to those that had issue, share and share alike; and he directed that the share or shares of his said two daughters should, not be subject to any debt or, debts, nor liable to the control, order, debt, engagement or ineumbrance of any husband or husbands that either of his said daughters had married or might marry, but should -belong unto his said daughters only. And the testator appointed his wife', Elizabeth Salmon, executrix, and his friend, Thomas Bull, executor of his will. The testator died in October 1834, leaving the several persons named in his will! surviving him. Shortly after his decease his widow proved the will and took possession of his personal estate, including the rents of the leasehold houses in Dorset Street and East Street, and paid all the testator's debts, with the exception of some few of trifling amount, which were afterwards paid by Thomas Bull, who subsequently took out probate. At the time of the testator's death he was in partnership with Thomas Bull as an omnibus proprietor. After his decease the business was continued by the widow in. co-partnership with Thomas Bull until the year 1836, when a mutual settlement of accounts took place. In the course of that settlement certain leasehold messuages belonging to the co-partnership were allotted and assigned to each party respectively ^ the assignments being dated the 12th of April 1836. In one of the assignments from 1 COLL. 354. TEAIL -'. rBtji,t Mrs, Salmon to Bull, she covenanted that she had done no act to encumber, and for further assurance. In an assignment from Bull to Mrs. Salmon there was a covenant by Mrs. Salmon for herself, her exeeutorSj administrators and assigns, to pay the rent and observe all the covenants in the' [354] original lease contained, on the part of the testator and Thomas Bull, as co-partners and joinfc4enants, their heirs, executors, administrators and assigns, to be paid and performed, and to indemnify Thomas Bull, his executors, administrators and assigns therefrom. Mrs. Salmon died in November 1835. Shortly after her death Thomas Bull took out probate to the will of the testator, and in December...
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Jackson v Whitehead
...especially the undisturbed possession of the tenant for life, an assent of the executors to the bequest must be assumed; Trail v. Bull (1 Coll. 352 ; 2 Wras. Exors. 1244). The adverse claim of Mrs. Hope is not a sufficient reason to justify the Defendant in not completing his contract; &ree......
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Ryan Cavanagh
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