Johnson v Prendergast
| Jurisdiction | England & Wales |
| Judgment Date | 16 July 1860 |
| Date | 16 July 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 450
ROLLS COURT
See Blogg v. Johnson, 1867, L.R. 2 Ch. 229.
[480] johnkon v. prendergast. July 16, 1860. [See Bkyg v. Johnson, 1867, L. R. 2 Ch. 229.] Executor charged, on further consideration, with interest on balances retained in his hands for various periods, varying from 670 to 229 days. The testator died on the 25th of June 1857, and the common administration decree having been made, the Chief Clerk found the executor's receipts to be £4184, MBEAV.ffll. GILLIAT V. GILLIAT 451 and his payments .£4146, leaving a balance of £38 due from him. He also found that the residuary legatees had sought to charge the executor with interest on the .following balances retained in his hands :- On £623 from the 30th July 1857 "ITo the 1st June ä£949 ä llth January 1858 I 1859, when the ä£304 ä 21st June 1858 f money was paid ä£23 ä 14th October 1858 J into Court, ' 670 days. 505 ä 344 ä 229 ä This amounted in the whole to £110; but, it appearing to be matter for further consideration, the Chief Clerk had not dealt with the subject. The case came on for further consideration, and the question was, whether the executor ought now to be charged, the point not having been stated in the bill or adverted to in the decree. Mr. Shebbeare, for the...
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