Attorney General v Potter
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1842 |
| Date | 01 January 1842 |
| Court | High Court of Chancery |
English Reports Citation: 49 E.R. 539
ROLLS COURT
S. C. affirmed on appeal, 14 L. J. Ch. 16.
[164] the attorney-general?;. potter. June I, July 22, 1842. [S. C. affirmed on appeal, 14 L. J. Ch. 16.] A testator bequeathed a leasehold and his residuary estate to A., B., and C. (his executors), on trust to permit A. to receive the rents and profits for life, and afterwards to pay certain legacies, and the residue to such of three persons, D., E., and 540 THE ATTOBNEY-GENERAL V. POTTER 8 BBAV. 165. F., as should be living at A.'s death. The executors permitted A. to retain possession of the leasehold during her life, and D., E., and F. executed a deed (which was also executed by B. the husband of D.), and whereby they agreed to take as tenants in common: A. died. Held, that the executors had not assented to the legacies, either by permitting A. to retain possession of the leasehold, or by the execution of the deed by B., and that the executors could make a good title to the leasehold. This information prayed, that an account might be taken of the duty payable on the legacies and residuary estate given by the will of the testator Arthur PhilHp, and that the amount might be declared to be a debt due to Her Majesty from the Defendant James Potter and from John Lane, deceased; and that it might be declared, that a leasehold house at Bath, which was part of the testator's estate, was liable to the payment of the debt, and that the same, or the proceeds arising from the sale thereof, might be made available for such payment; and the same having been sold by James Potter to William Bowie, that Potter might be restrained from receiving the purchase-money, and that Bowie might be restrained from paying it to any but the Commissioners of Stamps, until the debt should be paid. The testator, Admiral Phillip, by his will dated the 20th day of May 1814, after directing all his just debts and funeral and testamentary expenses to be paid, and after giving certain specific and pecuniary legacies and an annuity, gave his leasehold house in Bath, and the appurtenances, and his residuary estate to his wife Isabella Phillip, John Lane, Osborne Standert, Thomas Sutton, and James Potter, on trust to permit his wife and her assigns to take and receive the rents, interest, and profits thereof, for and during the term of her natural life; and after her decease, he gave several pecuniary legacies of considerable amount, and the residue [165] was given to Susannah Eichardson, Mary Ann Lancefield, Michael Dove, and Rebecca Ann Potter, or such of them as should be living at the time of his wife's death. He appointed his wife, John Lane, Osborne Standert, Thomas Sutton, and James Potter executrix and executors of his will. The testator died in October 1814, and the will was duly proved by Isabella Phillip, the widow, and by Lane, Standert, and Potter. Sutton, the other executor named in the...
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