Askew v Thompson
| Jurisdiction | England & Wales |
| Judgment Date | 29 July 1858 |
| Date | 29 July 1858 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 257
HIGH COURT OF CHANCERY
Will. Construction. Direction to Pay Another's Debts. Whether Interest Payable.
[620] askew v. thompson. July 22, 29, 1858. Will. Construction. Direction to Pay Another's Debts. Whether Interest Payable. Direction in a will to pay and discharge all the just and lawful debts owing by a deceased brother at the time of his death: Held, upon the terms of .the will, and looking to the circumstance that the brother had been dead about forty years at the date of the will, to comprise debts, but not interest. Mary Askew, by her will in 1848, devised and bequeathed her residuary real and personal estate and effects to her executors, upon trust to sell and convert the same; and then proceeded to declare the following trust of the moneys to arise from such sale and conversion:-" I declare that the said executors shall, by and out of such moneys, pay and satisfy my funeral and testamentary expenses and debts, and the pecuniary legacies hereinbefore bequeathed; and do and shall, in the next place, pay and discharge all the just and lawful debts owing by my late brother John Askew at the time of his death; and do and shall pay the residue, if any, of the said moneys to my niece Sarah Askew." Then, after devising her mortgage estates and appointing V.-C. xv.-9 258 ASKEW V. THOMPSON 4K.&J.621, her executors, she devised as follows:-" And I authorise the acting executors or executor for the time being of this my will, to satisfy any debts claimed to be owing by me or my estate, or by my said brother Jflhn Askew, deceased, at the time of his death, and any liabilities to which I, or my estate, or the said John Askew, deceased, may be alleged to be subject, upon any evidence they or he shall think proper." At the date of the will John Askew had been dead for about forty years. Some of his creditors held promissory notes, by which he had secured the principal moneys due to them respectively, with interest at five per cent. In the administration of the estate of the testatrix under a decree of the Court, a question arose as to the interest payable upon John Askew's debts. [621] Mr. James, Q.C., and Mr. Bagshawe, jun., for certain of John Askew's creditors having promissory notes bearing interest, contended that they were entitled to interest from the time of his death upon the amounts then due upon such notes respectively. The interest of a debt is as much a part of the debt as the principal...
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