References: [1840] EngR 301, (1840) 2 Beav 256, (1840) 48 ER 1178
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A testator gave one estate to James, upon trust to pay to testator’s wife £18 a year for life, and after her decease he gave the estate to Thomas. The testator also gave a second estate to James, upon trust to pay testator’s wife £28 a year for life, and after her decease he gave this estate absolutely to James ; and he declared, that if James should neglect or refuse to pay the annuities from either of the said estates when they became due, that his wife should have power of selling the estates, and to appropriate the money to her own use, the rents being insufficient to pay the annuities: Held, that the widow had a right to sell unless James paid the full amount of the annuities, but that he was not personally bound to pay them.
