Edwards v Batley
| Jurisdiction | England & Wales |
| Judgment Date | 18 July 1854 |
| Date | 18 July 1854 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 427
ROLLS COURT.
[457] edwards v. batley. July 15, 18, 1854. An order of revivor and supplement may be made as of course under the 15th & 16th Viet. c. 86, s. 52, with the addition "that the personal representatives may admit assets in Chambers or account." The original suit was instituted by one of the executors and trustees against Batley, the other, and the parties beneficially interested, for the administration of the real and personal estate. After a decree had been made for the administration of the real and personal estate, Batley died, whereupon the Plaintiff filed a supplemental bill against Batley's administrator to revive the suit, and asking either that she might admit assets of Batley to answer what might be found due from him, or account for his estate, in 428 UNDERWOOD V. WING 19BBAV.4S8. the usual manner. The supplemental cause having been brought on for hearing, it was doubted whether a supplemental suit was necessary, it being suggested that the same order might have been obtained, as of course, under the 15 & 16 Viet. c. 86, a. 52. Mr. W. W. Cooper, for the Plaintiff, said that such [458] an order had been refused in The Dean of Ely v. Gayfard (16 Beav. 561); but still he found that they had been made, on motion, by other branches of the Court; Tate v. Leithead (9 Hare, Apps, 51); Grimston v. Oxley (Vice-Chancellor Kindersley, December 22, 1852); Seton on Decrees (p. 601 (2d edit.); and see Ibid. 604). the master of the rolls said he would inquire as to the practice. July 18...
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...to enable him to receive the money against the executors was to get an order to revive in the form of that made in Edwards v. Batley (19 Beav. 457), which revived the suit and required the executors to admit assets, or to submit to an account. Had such an order been obtained the suit would ......
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