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Bedford v Bedford

Nominate Series English Reports Cited authorities 9 Cited in Precedent Map Related
JurisdictionEngland & Wales
Judgment Date24 March 1866
Date24 March 1866
CourtHigh Court of Chancery

English Reports Citation: 55 E.R. 927

ROLLS COURT

Bedford
and
Bedford

[342] bedford v. bedford. March 24, 1866. A sole Plaintiff having died after decree, an order to revive against his devisee was made, under the 15 & 16 Viet. c. 86, s. 52. This was a suit for the administration of the real and personal estate of a testator. After the decree had been made the sole Plaintiff died. (1) Lashley v. Hogg, 11 Ves. 602 ; G-illespie v. Alexander, 3 Russ. 130. 928 HALE V. BUSHILL 35 BEAV. 343. Mr. C. Browne now asked for an order to revive under the 15 & 16 Viet. c. 86, s. 52. He referred to Dendy v. Dewly (5 W. Rep. 221); Williams v. Williams (9 W. Rep. 296); Jackson v. Ward (1 Giff. 30); and Laurie v. Crush (32 Beav. 117): see also Eyre v. Brett (34 Beav. 441); and Earl Durham v. Leganl (Ibid. 442); and observed that a decree having been made, the order now asked would not, as it would before decree, be open to the objection, that it would be obtaining a supplemental decree before a decree had been made in the original cause. the master or the rolls [Lord Romilly]. I think that does make a distinction. Take the order.

English Reports Citation: 55 E.R. 1023

ROLLS COURT

Bedford
and
Bedford

See Allan v. Gott, 1872, L. R. 7 Ch. 446.

[584] bedford v. bedford. Feb. 21, 22, 1865. [See Allan v. Gott, 1872, L. E. 7 Ch. 446.] A testator gave his real and personal estate to trustees, upon trust, out of the rents and produce, or by a sale or other disposition thereof, to raise an annuity for his wife and certain legacies, and to invest the surplus. He directed a sale of his real estate after the death of his wife, and gave his...

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