Testator devised a house to trustees, upon trust to permit his son, at any time within three months after his death, to become the purchaser thereof, at the price of 4000 pounds; and to sell and convey the same to his son, his heirs, and co. But should his son not complete such purchase within the three months, then the trustees were, within 12 months from the testators death, to sell the house by auction. The son, within two months from his father’s death, declared to the trustees his intention to purchase the house at the sum mentioned, but they did not deliver the title deeds to their solicitor, or instruct him to prepare the conveyance until the last day of the three months ; and the son did not pay any part of the purchase money, nor was any conveyance executed to him within the three months. Held, that he could not enforce his option.
[1837] EngR 530, (1837) 8 Sim 346, (1837) 59 ER 137 (B), [1837] EngR 531, (1837) Donn Eq 212, (1837) 47 ER 327
Commonlii, Commonlii
England and Wales
Updated: 20 August 2021; Ref: scu.313647