Wilkinson v Duncan
| Jurisdiction | England & Wales |
| Judgment Date | 07 March 1857 |
| Date | 07 March 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 184
ROLLS COURT
S. C. 26 L. J. Ch. 495; 3 Jur. (N. S.) 530; 5 W. R. 398. Followed, Wright v. Lambert, 1877, 6 Ch. D. 649; In re Earl of Chesterfield's Trusts, 1883, 24 Ch. D. 652, n.
[469] wilkinson . duncan. Feb. 13, March 1, 1857. [S. C. 26 L. J. Ch. 495 ; 3 Jur. (N. S.) 530; 5 W. R. 398. Followed, Wright v. Lambert, 1877, 6 Ch. D. 049 ; In re Earl of Chesterfield's Trusts, 1883, 24 Ch. D. 652, n.j Trustees, having a discretion, allowed a reversionary interest to remain unsold for nineteen years, when it fell into possession. Held, that the tenant for life, who had, in the meanwhile, received nothing in respect of income on it, was entitled to be recouped out of the fund. Mode of calculating the amount to be received by the tenant for life, and of regulating the relative rights of the tenant for life and remainder-man in such a case. The testator was entitled to one-sixth of about 23,000 in the funds, in reversion expectant on the deaths of Mrs. Wilkinson and Mr. Grueber. By his will, made in 1833, the testator bequeathed "all the rest, residue and remainder of his personal estate and effects, whether in possession, reversion, remainder or expectancy, to his three executors, upon trust to collect, get in and convert into money all such parts of his said residuary estate and effects as should not consist of money, at such time or times, and in such manner, as his trustees or trustee for the time being should, in their or his discretion, think expedient, and should lay out and invest the moneys to arise from such sale, collection and conversion " in the funds, &c., and out of the dividends, &c., maintain, &c., George Wilkinson during his minority, and invest the residue, and after he attained twenty-one, to pay " the interest, dividends and income of the said residuary estate, stocks, fund and securities, and all accumulations thereof, unto him, George Wilkinson, for life, with remainder to his children. The testator died in 1836, George Wilkinson attained twenty-one in 1841, Mary Wilkinson died in 1842, and Mr. Grueber died in 1855. The one-sixth of the reversioner's fund thereupon fell into possession and became payable. The executors, apprehending some difficulty in deducing a marketable title to the reversionary inte-[470]-rest, had not sold it, and the tenant for life, from the death of the testator, MBBAV.471. WILKINSON V. DUNCAN 185 had received no benefit from the reversion. He filed this...
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