JOHN HENRY KEOGH, Esq., Petitioner; ex parte SAMUEL SNAGG, one of the Solicitors
| Jurisdiction | UK Non-devolved |
| Judgment Date | 19 October 1854 |
| Date | 19 October 1854 |
| Court | Privy Council |
Privy Council.
Ezart v. ListerENR 5 Beav. 585.
Barrington v. Grogan Beatty, 199.
288 CHANCERY REPORTS. 1854. Privy Council. In the Matter of JOHN HENRY KEOGH, Esq., Owner and Petitioner; Ex parte SAMUEL SNAGG, one of the Solicitors.* Oct. 18, 19. (Judicial Committee of the Privy Council.) Tuts was an appeal from an order of the Commissioners for the Sale of Incumbered Estates, bearing date the 2nd of May 1854, by which Mr. Thomas Samuel Snagg, a solicitor, was ordered to bring in and lodge to the credit of this matter the sum of 1109. Os. 6d. The facts; as they appeared in the petition of appeal, and the affidavits used on the hearing of it, were as follow:- In 1851, Mr. Snagg was introduced by letter from a mutual friend to Richard Albert Moll, of Clapton-square, London, and Annette Garstin Moll, otherwise Douglas, his wife, in order to become their solicitor in this country ; but he was not personally acquainted with them until October 1853. In March 1852, he acted for Mrs. Moll as her solicitor, on the occasion of her obtaining letters of adminisÂÂtration with the will annexed, to her aunt Miss Anne Garstin (who died a spinster in 1844), with a view to establish a claim under the said will. An affidavit and inventory of the assets were prepared on that occasion by Mr. Snagg for his client, in which the assets of Miss Anne Garstin were represented to be under 500. Having arranged the administration and his clients' claim to a charge on certain lands specified in the will of Miss Anne Garstin, Mr. Snagg had no further communication with them until October 1853, when he received instructions from them to investigate their * Reported by E. S. TREVOR, Esq. f Before the LORD CuANCELLOR; the LORD CHIEF JUSTICE OF THE COMMON PLEAS ; the Right Hon. Judge PERRIN; the Right Hon. Baron GREENE; the Right Hon. Judge KEATINGE ; the Right Hon. FRANCIS BLACKEURNE, and the Right Hon. JOSEPH NAPIER. CHANCERY REPORTS. 289 right to a bond debt of 640 (which was a charge upon a portion . o1854.nned. rtvy C of Colonel O'Brien's share of the funds, realised by the sale of the lands in this matter), and directions to take the necessary steps to obtain for Mrs. Moll letters of administration to her father and grandmother, in order to entitle her to obtain payment of the said bond debt out of the said funds. Acting on these instructions, he went on the 18th of October 1853 to the proper office of the encumbered Estates Court, and examined the final schedule of incumbrances in this matter, when he discovered that the second incumbrance in the schedule was described as a "judgment in the Court of Common Pleas, at the suit of Anne Garstin v. George Rouse Keogh, for 600 late currency, principal money, secured by deed of 19th March 1842, with other moneys, both amounting to 1061. 10s. 9d." The schedule further stated that the ,deed of the 19th of March 1842 was a deed by the owner of the lands in the matter and his father G. R. Keogh, by which certain estates in Carlow and Kildare were conveyed to trustees for 500 years, in trust to raise the amount of certain debts set out in the schedule annexed thereto, and among others the judgment in question. In the column of interest, one half year's interest up to February 1853, amounting to 31. 16s. 10d. was stated to be due. Mr. Snagg immediately apprised his clients of the information he had so obtained, by letter, in the following terms :-"I have disÂÂcovered a fact which I am sure will be a source of pleasure to you and your lady, if you are not aware of itt viz., that your relative the late Miss Anne Garstin was entitled to a very considerable sum, upwards of 1000, on the same estate ; and this charge or incumÂÂbrance now of right belongs to your lady." He suggested that a power of attorney should be sent over to him, and promised to remit the money to her, charging a sum of 12 for his trouble. In her reply, Mrs. Moll stated that the information, which was most agreeable to her, confirmed "some vague idea I had about my aunt's claims, having heard, when a child, her and my grandmother speaking on the matter...
To continue reading
Request your trial
-
The Estate of Robert Ferguson Grier, Owner; ex parte John Court Ferguson Grier, Petitioner
...& Tud. L. C. 1. Rochfort v. Fitsmaurice 2 Dr. & War. 1. Blackburn v. StablesENR 2 V. & B. 369. In re Devereux 4 Ir. Jur. 16. In re Keogh 4 Ir. Ch. R. 288. Patch v. WardELR L. R. 3 Ch. App. 203. March v. Russell 3 Myl. & Cr. 31. In re de Chabot 6 Ir. Jur. N. S. 142. Gillespie v. AlexanderENR......
-
Re Gage's Estate
...DIVISION. Monroe, J. In RE GAGE'S ESTATE Devereux's Estate 4 Ir. Jur. (O. S.) 16. In re Grier Ir. R. 6 Eq. I. In re KeoghUNK 4 Ir. Ch. Rep. 288. In re Tottenham Ir. R. 3 Eq. 528. Devereux's Estate 4 Ir. Jur. (O. S) 16. Tithe rentcharge purchased by owner Unpaid instalments of purchase money......
-
Garstin v Keogh
...Pleas. GARSTIN and KEOGH. England v. WatsonENR 9 M. & W. 333. In re KeoghUNK 4 Ir. Ch. Rep. 288. Reilly v. FitzgeraldUNK 6 Ir. Eq. Rep. 335. Rigg v. BowaterENR 3 Bro., C. C., 365. Dacres v. ChuteENR 1 Vern. 160. Barrett v. Deare M. & Mal. 200. Hawkins v. Rudd Peake, N. P. R. 248. Robinson v......