Court Court of Chancery | Citation(s) (1861) 1 J&H 546 | |
Williams v Hensman (1861) 1 J&H 546 is an English land law case, concerning co-ownership of property.
Contents
Facts
Money was bequeathed to be invested in stock, and to pay an annuity to A, with the ‘principal to go to her children at death.’ All eight children consented to money being invested in a mortgage fund. However, three were minors. The trustee advanced a sum to one of the children, and the other children covenanted to not to call upon the trustee to make up any deficiency in case the share should fall short of the advance, and also to indemnify the trustee against all claim, damage and expenses by reason of the advance.
The question was whether the trust was co-owned as a joint tenancy.
Judgment
The Chancery Court held it was a joint tenancy. And the act of the five severed their interest from the other three. Page-Wood VC gave the following decision.