The testator bought the residue of a 99 year lease and took an assignment of the term. In the following year he bought the freehold reversion and, by a deed which recited that he was desirous that the term should not merge in the freehold, the reversion was conveyed to a trustee for him. He afterwards made a will bequeathing his personal estate.
Held: The reversion did not pass, but the term did: ‘It is most important to observe, that in the conveyance of the reversion, taken by the testator within a year after the assignment of the term to him, it is stated that the conveyance is taken to a trustee for the express purpose of preventing merger. The term, therefore, remained in the testator as personal estate’
Judges:
Lord Chelmsford
Citations:
(1867) 2 Ch.App138
Cited by:
Cited – Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue CA 28-Jul-1997
The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers.
Held: . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 16 May 2022; Ref: scu.223769
