Welstead v Colvile
| Jurisdiction | England & Wales |
| Judgment Date | 11 July 1860 |
| Date | 11 July 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 472
ROLLS COURT
[537] welstead v. colvile. July 11, 1860. Trustees had a power of sale over a real estate vested in them, and to give good discharges for the purchase-money. The tenant for life had a power to appoint new trustees, and " thereupon " the trust estate was to be conveyed to the old and new trustees. In 1857 A. B. was appointed a new trustee, but before any conveyance had been made to him, the estate was sold and conveyed to a purchaser, and the purchase-money was paid to the old and new trustees. Held, that the purchaser had obtained a good discharge for the purchase-money. Robert NuttaH, by his will dated in 1856, devised his real estates unto his trustees, Bidrlulph, Parker and Elliott and their heirs, upon trust, as soon after his decease as conveniently might be, by a sale of his real estates or a competent part, to raise certain sums in aid of his personal estate. And the testator declared that the receipts of the trustees and trustee for the time being acting by virtue of any of the trusts or powers or for the purposes of his will should be effectual discharges to all persons for all money for which such receipts or receipt should be given, and also that any purchaser dealing with the testator's trustees or trustee under any of the trusts, powers or provisions of that his will should in nowiae be bound to inquire, or see to the necessity for, or propriety of any sale, or other act or thing, to be or purporting to be done under the trusts or provisions. And the testator declared that in case Henry Biddulph, William Biddulph Parker and William Elliott, or any of them, or any future trustee or trustees thereof, should die or 28BEAV. 53S. WELSTEAD V. COL VILE 473 desire to be discharged from or refuse, decline or become incapable to act in the execution of the trusts of that his will or go to reside in parts beyond the sea before the trusts should be fully executed and performed, then and so often as the same should happen, it should be lawful to and for his (testator's) daughter during her life, whether covert or sole, and after her decease, then for the persons thereinafter mentioned, by any deed or deeds, writing or writings, to nominate [638] and appoint any other person or persons to be a trustee or trustees in the place or stead of all or any such trustee or trustees as aforesaid, and as to all or any of the trust estates or funds under that his will, and either the same or different trustees as to different trust estates or funds, and in any such case, to appoint either one or more than one instead of any one former trustee, or the same or more or less than the number of the former trustees ; and thereupon, all the trust estate (real and personal), stocks, funds and securities which should be vested in the trustee or trustees in whose place or stead such new trustee or trustees shall be so appointed, or to which such new trustees shall be...
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