Field v Titmuss
| Jurisdiction | England & Wales |
| Judgment Date | 08 February 1851 |
| Date | 08 February 1851 |
| Court | High Court of Chancery |
English Reports Citation: 61 E.R. 85
HIGH COURT OF CHANCERY
S. C. 20 L. J. Ch. 328; 15 Jur. 121.
Creditor's Suit. Decree in a Creditor's Suit. Proof of Debt.
1 SIM. (N.S.) 218. FIELD V. TITMTJSS 85 [218] field v. titmuss. Jan. 25, Feb. 8, 1851. [S. C. 20L..J. Gh. 328; 15 Jur. 121..] Creditor's Suit. Decree in a Creditor's Suit. Proof of Debt. A suit was instituted by A. on behalf of himself and all the other creditors of a testator against the executor. The executor disputed the Plaintiff's debt, but admitted that he had paid, all the testator's debts which had come to his knowledge, and also the legacies given, by the will, and that he was the residuary legatee. The Plaintiff proved the debt; and, after the hearing of the cause, contended that the decree ought to be prefaced with a declaration that he was a creditor on the testator's estate for the amount of his. debt. , But the Court held that, notwithstanding the special circumstances of the ease, the declaration ought not to be made, and that the Plaintiff was bound to prove his. debt over again in the Master's office. The bill was filed by a creditor on behalf of himself and all the other creditors of a testator. The debt which the Plaintiff (who had been the testator's solicitor) claimed to be due to him was 449, being the amount of an account for business done and monies advanced which the Plaintiff had delivered to the testator, and at the foot of which the testator had signed a memorandum [219] agreeing to pay interest at five per cent, per annum on the amount until it should be paid. The answer disputed the debt, but admitted that the Defendant had paid all th& testator's debts which had come to his knowledge and the legacies given by the will, and that the Defendant was the residuary legatee.. It added, however, that the assets, which the Defendant had possessed were not sufficient to pay the testator's funeral, and testamentary expenses and debts, including the debt claimed by the Plaintiff'. The Plaintiff, in consequence of his debt being disputed, proved, before the hearing-of the cause, that the signature to the memorandum was in the testator's handwriting. The cause was heard on the 10th of December 1850. The minutes of the decree, as prepared on behalf of the Plaintiff, contained a declaration that the Plaintiff was a creditor-on the testato)~'s estate for the 449 with interest thereon at five per cent, from the date of the memorandum, and then directed the Master to take...
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