Beavan v Lord Hastings
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1856 |
| Date | 01 January 1856 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 973
HIGH COURT OF CHANCERY
S. C. 2 Jur. (N. S.) 1044; 4 W. R. 785.
Jurisdiction. Belgian Representative. Executor de son tort.
[724] beavan v. lord hastings. 1856. [S. C. 2 Jur. (N. S.) 1044; 4 W. E. 785.] Jurisdiction. Belgian Representative. Executor de son tort. An Englishman having died intestate in Belgium, possessed of real and personal property there, his brother went over from England and obtained representation to him pur et simple, which by the Belgian law imposed upon him a personal obligation to pay all the debts of the intestate independently of the amount of the assets. The intestate's brother afterwards returned to this country but did not take possession of any property in England belonging to the intestate : a creditor of the 974 BE A VAN 'V. LOED HASTINGS 2K.&J.725. intestate obtained letters of administration to him in England. Held, that he could not sue the intestate's brother in equity in respect of the personal liability which he had so incurred, but that his remedy to recover his debt was at law. Held, also, that the intestate's brother, as he had not taken possession of any of the English property of the intestate, was not an executor de son tort. The Plaintiff, Beavan, in 1845 lent £1040 to Edward Astley, since deceased, who was a natural-born subject of this kingdom, but was then residing in Belgium, and was in want of money to enable him to furnish a chateau which he had taken at Eneilles, in Belgium : and for this loan Edward Astley, in 1845, gave to the Plaintiff his bond and warrant of attorney, upon which judgment has not been entered up. Edward Astley made default in payment of the said sum of £1040, and the whole of such sum, with a large arrear of interest, was still due. Edward Astley continued to reside in Belgium down to the time of his death, which took place in the year 1846, under circumstances creating great suspicion that he had been murdered, his body having, in April 1846, been found with marks of violence upon it in the river Ourthe, in Belgium. He died a bachelor and intestate, and he left Lady Astley, his mother, and the Defendant, Lord Hastings, his brother, surviving him, and they were two of his next of kin. Edward Astley had, at the time of his death, besides his chateau at Eneilles, a small fishing cottage at Hotton, on the banks of the river Ourthe, and both the chateau and this fishing cottage contained at the time of his death...
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Metliss v National Bank of Greece and Athens S.A.
...Lords, I think the result of this appeal really turns upon this short point. It is devoid of authority. I do not regard the case of Beavan v. Lord Hastings 69 E.R. 937, as really affording any guidance. 37 The identity of the old bank has become merged in the amalgamation by a process which......
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Nova, An Alberta Corp. v. Grove Estate and Guelph Engineering Co. et al., (1982) 39 A.R. 409 (CA)
...428, ref'd to. [para. 44]. McSweeney v. Murphy, [1919] 1 I.R. 16, ref'd to. [para. 45]. Beaven v. Lord Hastings (1852), 2 K & J 724, 69 E.R. 973, ref'd to. [para. Jauncy v. Sealey (1686), 1 Vern. 397, 23 E.R. 541; ref'd to. [para. 46]. Hervey v. Fitzpatrick (1854), Kay 421, 69 E.R. 178,......