Testator de

vised, inter alia,

&c. to trustees,

Mr. Freeling opened the case for the trustees of the all his estate, will of Sir Gregory Page Turner.

Mr. Teed and Mr. Matcham, for Lady P. Turner, tenant for life, subject to an annuity to Mrs. Fryer, who was also heiress at law.

The material question is, in whom is the right to presentation to a living, which may occur during lives of Lady Turner and Mrs. Fryer, or of the vivor ?

on trust out

of the rents and profits, during the lives of A. and B. and the survivor, to pay debts, legacies

any

and repairs,

subject thereto

the

to pay 2000l.

that advowsons

and, subject The will gives and devises "all my manors, lands, thereto, to B. tenements and hereditaments whatsoever and whereso- for life. Held, ever" to trustees. The trustees were, during the lives of paessd; that Lady Turner and her daughter Mrs. Fryer, and of the the next presurvivor of them, out of the rents, issues and profits to longed neither

sentations be

to A. nor to B.

till the trusts for payment of debts, &c., were satisfied, and must be sold for those purposes.

VOL. III.

B

1854.

COOKE

v.

pay debts and certain legacies, and to repair the mansionhouse and other buildings, and, subject thereto, to pay an annuity of 2,000l. a year to the daughter, and subject CHOLMONDELEY. thereto for the widow, Lady Turner, for life. The advowson therefore clearly passes by this will to the trustees; and the right of presentation is in the tenant for life for the time being: Albermarle v. Rogers (a); Sherrard v. Lord Harborough (b).

Mr. Swanston, and Mr. Prior, for Mrs. Fryer.

Assuming even that the advowson passes, which we deny, the trustees have no right to deal with anything but rents and profits; they cannot deal with the advowson or presentation or anything else, except for payment of debts and for pecuniary profit; and a presentation cannot be so dealt with: Martin v. Martin (c). The presentation therefore is not disposed of, and goes to the heir at law.

Mr. Sanders, for the trustees of some of the parties.

Mr. Lewin, for parties interested in the inheritance.

The right of presentation ought to be sold to pay debts and legacies, to the relief of the inheritance. That the advowson passes is clear.

The VICE-CHANCELLOR stopped him, and stated he should so decide. And that he was also of opinion, that the future right of presentation must be sold. A question might arise, when it should be sold, having reference to the relative interests of the widow and the daughter? All that could be now decided, was the question of principle. The declaration must be, that, so far as it is necessary for the payment of debts, &c., such presentations as may occur during the lives of the

(a) 2 Ves. jun. 477; and 7 Bro. P. C. 522.

(b) 1 Ambl. 164.

(c) 12 Sim. 579.