Hunter v Baxter Re W Freer's Estate
| Jurisdiction | England & Wales |
| Judgment Date | 24 July 1861 |
| Date | 24 July 1861 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 388
HIGH COURT OF CHANCERY
S. C. 31 L. J. Ch. 432; 5 L. T. 46.
388 HUNTER V. BAXTER 3 GIFF. 214. [214] hunter v. baxter. Re W. freee's estate. July 24, 1861. [S. C. 31 L. J. Ch. 432;-5L. T. 46.] Where a judgment has been recovered against executors for a debt due from their testator, and they paid the debt, the executors are entitled to be allowed such payment, although the Statute of Limitations might have been set up against the creditor who recovered the judgment. William Freer, the testator in the cause, died on the 25th of September 1857, having by his will given his residuary estate to Messrs. Baxter, Roe and Baker, his executors named therein, upon trust for the benefit of children and grandchildren. Shortly after his death the testator's marriage settlement (dated in 1804) was found, under which his children took certain interests. Prior to his death the testator had been indebted to Mr. Baxter, his solicitor. On the 26th of July 1858 Mr. S. S. Baxter (who was a solicitor in partnership with his son, one of the executors) commenced an action to recover a debt alleged to be due to him from the testator, which, according to the indorsement in the writ, was as follows-- April 20, 1849.-Balance due to this date, for money lent and money paid by the Plaintiff for the said W. Freer during his life . . . . . ... 412 11 4 Nine years' interest on the above, at 5 per cent., to the 20th of April 1858 . . . . . . . 185 8 0 March 5, 1858.-Balance due to this date, for money lent and money paid by the [215] Plaintiff for the said William Freer during his life, and for money received by the said William Freer for the Plaintiff's use . . . . . 159 10 4 757 9 8 Interest at 5 per cent, on 514 from the 20th of April 1858 to date of judgment . . . . . . 000 2, 15s. costs. The executors confessed judgment in the action, and a garnishee order was obtained against them on the llth of August 1858. On the 19th of October the sum of 775, 2s. 6d. was paid by the executors to Mr, S. S, Baxter. In November 1859 a summons was taken out by a legatee to administer the testator's estate. In the cause the trustees of the settlement proved their debt, amounting to 4331, lls. 5d., and, by an order of the llth of March 1859, obtained liberty to attend the proceedings. In taking the accounts of the executors before the Chief Clerk it was objected, on behalf of the trustees of the settlement, that the...
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