Ex parte Swift, Swift
| Jurisdiction | England & Wales |
| Judgment Date | 04 August 1828 |
| Date | 04 August 1828 |
| Court | High Court of Chancery |
English Reports Citation: 39 E.R. 221
HIGH COURT OF CHANCERY
E-xj-iarfe swift, in the Matter of swept. (1) V. C., Aiiyimt 4, 1828. Order made upon petition, that part of a small sum of stock bequeathed to an infant should be sold, and the proceeds applied in paying a debt incurred for necessaries, on his account, and that the residue of the stock should be transferred into Court,, and the dividends paid to his mother towards his maintenance. The petition of William Cornelius Swift, an infant, and his mother Martha Christiana Swift, stated that the grandfather of the infant had bequeathed him a sum of 200 stock, which was secured to the testator by the bond of his son, the father of the infant, together with all the interest that might be duo upon the bond at the time-of the testator's decease; that the will was duly proved in December 18:20 ; that the infant's father became insolvent, and, in February 1827, conveyed his estates to trustees, to be sold for the benefit of such of his creditors as should execute the trust deed; that the estates were sold accordingly, and that the creditors who joined (including among others the executrix of the grandfather's will), received out of the proceeds a dividend of 6s, in the pound upon the amount of their several debts; and that the dividend received by the executrix, on account of the bond-debt bequeathed to the petitioner, amounted to 54, 13s., which sum had been laid out in the names, of trustees in the purchase of 60, 19s. lid. 3 per cent. Reduced Bank annuities ; that the father of the infant Petitioner had deserted his family and had absconded, leaving his wife with William C. Swift and five other children, all infants [576] of tender-years, dependent upon her for support, and without any means of providing for them, except by her own labour ; that she had incurred a debt of 8, 10s. for...
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