Ruling Cases (Volume 7) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: No. 3. ?Griffith v. Bicketts. Griffith v. Lunell, 7 Hare, 299. ? Bole. No 3. ? GRIFFITH v. EICKETTS. (1849.) RULE. If the owner of real estate conveys it by deed directing it to be converted and dealt with as personal estate, the conversion takes effect, as between his real and personal representatives, from the delivery of the deed. Griffith v. Bicketts. Griffith v. Lunell. 7 Hare, 299-317 (s. c. 19 L. J. Ch. 100). Conversion by Deed. ? Heir and Next of Kin.? Time of taking Effect. [299] Conveyance of the equity of redemption of real estate to trustees, for sale, for the benefit of the creditors of the author of the deed, and upon trust, if there should be any surplus, to pay the same to him, his executors, administrators, and assigns, to and for his and their own absolute use and benefit: ? Held, to be a conversion of the real estate into personalty, as between the real and personal representatives of the author. Held, also, that the ultimate surplus of the proceeds of the real estate being reserved to the author of the deed, and the deed not being revoked, and no attempt having been made to revoke it, it was not material as between the real and personal representatives of the author, whether the deed was or was not revocable. That the question whether the surplus proceeds of the trust property belonged to the real or personal representative, was not aft'ected by the stole, ? whether of realty or personalty, ? in which such surplus was found, although the state of the property might affect the character in which such surplus would go to the one or the other of such representatives. If the author of a deed impresses upon his real estate the character of personalty, that, as between his real and personal representatives, makes it personal and n...