Weeding v Weeding
| Jurisdiction | England & Wales |
| Judgment Date | 24 March 1861 |
| Date | 24 March 1861 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 812
HIGH COURT OF CHANCERY
S. C. 4 L. T. 616; 9 W. R. 431. See Trewen v. Frewen, 1875, L. R. 10 Ch. 612, n.; In re Isaacs [1894], 3 Ch. 509. Applied, In re Pyle [1895], 1 Ch. 724.
Will. Contract. Option of Purchase. Conversion. Practice. Transfer of Fund.
[424] weeding v. weeding. March 24, 1861. [S. C. 4 L. T. 616; 9 W. E. 431. See Trewen v. Frewen, 1875, L. R. 10 Ch. 612, n.; In re Isaacs [1894], 3 Ch. 509. Applied, In re Pyle [1895], 1 Ch. 724.] Witt. Contract. Option of Purchase. Conversion. Practice. Transfer of Fund. Where, after making a will devising a specific estate and bequeathing the personal residue to other persons, a testator entered into a contract giving an option of purchase over part of the estate, which option was exercised after the death : Held, that the property was converted from the date of the exercise of the option, and went to the residuary legatees. A fund ordered to be transferred from one cause to another upon a petition intitled only in the former cause. Thomas Weeding, being seised in fee of an estate at Kentish Town, made his will,, dated the 28th of April 1855, and thereby devised the said Kentish Town estate, and all other his real estates in England, to trustees, as to the Kentish Town estate upon, certain specified trusts and subject to certain annuities, and as to other estates upon other trusts, and also left his residuary personal estate upon different trusts. The testator made two codicils to his will, dated respectively the 2d and the 21st of August 1855; but the same did not affect the devise and bequest before stated. By an agreement, dated the llth of February 1856, Thomas Weeding agreed with, Wm. Ansell Day to let a portion of the Kentish Town estate to him for ninety-nine years at certain rents, with a proviso that if Day, his heirs or assigns, should, at any time before the 25th of December 1859, be desirous of becoming the purchaser or purchasers of the demised premises in fee-simple for 2000, and should give one month's notice thereof to the testator, his heirs or assigns, then Day, his heirs or assigns, should be entitled to become the purchaser or purchasers of the same at that sum; and in case Day, his heirs or assigns, should, on or before the said 25th of December 1859, pay or tender, or cause to be paid or tendered, unto the said Thomas Weeding, his heirs or assigns, the said sum of 2000, and pay all arrears of rent up, to the time of the expiration of such notice, then the said Thomas Weeding, his heirs or assigns, and all other necessary and proper parties, should and would, at the costs of Day, his heirs or assigns, execute a convey-[425]-ance in fee-simple to Day, his. heirs or assigns, or as he or they should direct. The testator died on the 5th of October 1856. A claim for specific performance U. &H.426. WEEDING V. WEEDING 813 of the said agreement was filed by Day after the testator's death; and, on the 2d of August 1858, specific performance was decreed, and the price of 2000 was paid into Court, pursuant to the decree, to the credit of the cause of Weeding v. Weeding, which was a suit to administer the real estate of the testator, and a conveyance was executed. This petition was now presented by some of the persons interested in the residuary estate...
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...date on which the Land Commission agreed to advance the purchase-money. Lawes v. Bennett,ENR 1 Cox Ch. Cas. 167; Weedingv. Weeding,ENR 1 J. & H. 424; and Mooney v. M'Mahon, [1911] 1 I. R. 125, applied. Drant v. Vause,ENR 1 Y. & C. Ch. Cas. 580; and Emuss v. Smith,ENR 2 De G. & Sm. 722, dist......
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... ... Varty v. British South Africa Co. [ 1965 ] Ch. 508 ; [ 1964 ] 3 W.L.R. 698 ; [ 1964 ] 2 All E.R. 975 , C.A ... Weeding v. Weeding ( 1861 ) 1 J. & H. 424 ... The following additional cases were cited in argument: ... Gardner v. Blaxill [ 1960 ] 1 W.L.R ... ...
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