Wilson v Coles
| Jurisdiction | England & Wales |
| Judgment Date | 17 April 1860 |
| Date | 17 April 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 348
ROLLS COURT
S. C. 6 Jur. (N. S.) 1003; 8 W. R. 383.
[215] wilson v. coles. April 17, 1860. [S. C. 6 Jur. (N. S.) 1003; 8 W. E. 383.] A testator devised real estate to trustees, in trust to sell and invest, and pay the dividends to his wife for life, and at her death to transfer the principal to a charity. The gift to the charity being void, held that there was a complete conversion of the realty into personalty, and that (subject to the life-estate) the heir of the testator took the produce in the character of personalty, and that, on the heir's death intestate, it passed to his legal personal representatives, and not to his heir at law. The testator, Mr. Harrison, made his will in 1838, whereby he bequeathed his personal estate to his wife and Bud and Carter, upon trust to convert and pay his debts, &c., and pay over the residue to his wife. The will afterwards devised to his wife and Eud and Carter and their heirs two freehold houses in Brighton, upon trust, " with all convenient speed " after his decease, to sell, and after paying the costs, upon trust to invest "in Government or real securities or public funds of Great Britain, and that they do pay over the dividends arising therefrom, half-yearly, to my said dear wife, for her sole use and benefit during her life, and that, at her death, they do make over and transfer the principal sum so invested in Government securities or the public funds of Great Britain, to the treasurer for the time being of the Incorporate Society for Promoting the Enlargement, Building and Repairing of Churches or Chapels, to be applied to the uses and purposes of that society." The testator died in 1841, leaving his two sisters, Eliza F. Wilson and Harriet Caton, his co-heirs. After his death, the gift in favor of the charity was declared void under the Mortmain Act. (The incorporated Church Buikling Society v. Coles, 1 Kay & J. 145; 5 De G. M. & G. 324.) In 1857 the testator's widow, as surviving trustee, sold the two freehold houses lor 1650. She died in 1859. Eliza F. Wilson had died intestate 1843, leaving [216] the Plaintiff her heir; the other sister, Harriet Caton, was still living. The question was, whether, under the will of the testator, the 1650 was impressed with the character of real or personal estate. It was claimed by the representatives of the widow on the ground that the real estate had been absolutely converted into personalty by the will, and that...
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Hamilton v Foot
...C. Court. HAMILTON and FOOT. Smith v. ClaxtonENR 4 Madd. 484. Wilson v. ColesENR 28 Beav. 215. Brook v. BadleyELR L. R. 3 Ch. App. 673. Jessop v. Watson 1 Myl. & K. 665. Mallabar v. MallabarENR Cas. t. Talbot, 78. Griffiths v. PruenENR 11 Sim. 202. Bromley v. WrightENR 7 Hare, 334. Robinson......