Kearns v Doyle. [HIGH COURT of CHANCERY]
| Jurisdiction | England & Wales |
| Judgment Date | 12 November 1860 |
| Date | 12 November 1860 |
| Court | High Court of Chancery |
English Reports Citation: 62 E.R. 401
HIGH COURT OF CHANCERY
S. C. 3 L. T. 432; 6 Jur.(N. S.) 1139; 9 W R. 28.
Costs. Trustee Solicitor. Creditor.
[319] pollard v. doyle. kearns v, doyle. Nov. 10, 12, 1860. [S. C. 3 L. T. 432 ; 6 Jur. (N. S.) 1139 ; 9 W. R. 28.] Costs. Trustee Solicitor. Creditor. The rule that a solicitor trustee acting in the trust shall not be allowed profit costs is not restricted to cases of express trust; but applies to the case of an executor or trustee, though there be no express trust. Profit costs disallowed an executor who had acted as his own solicitor, upon an objection taken by a creditor who was a party to the suit. This was a motion to vary the Taxing Master's certificate. The suit of Pollard v. Doyle was instituted in 1849 by a judgment creditor of Mr. Macdonald, in the name of Mrs. Pollard, as the executrix and universal devisee of Mr. Macdonald, to set aside as fraudulent and void as against his judgment two deeds which had been executed by Mr. Macdonald conveying to Mr. Charles Doyle, the uncle of the Defendant, certain leasehold property in the Isle of Dogs. Mrs. Pollard, the Plaintiff, died soon after the commencement of the suit, having by her will appointed Mr. Kearns, who was a solicitor, her sole executor and universal devisee, and directed him, if he ever succeeded in obtaining the necessary documents relating to the Isle of Dogs property, to prosecute the suit and sell the property for his own benefit. Mr. Kearns having found the necessary documents, and having taken out administration with the will annexed to the estate of Mr. Macdonald, revived the suit in his own'name as Plaintiff. By a decree made in the cause on the 25th of April 1855 it was ordered that the leasehold premises should be made available, and be applied, in the first place (after paying certain costs mentioned in the order, in-[320]-cluding the costs of Mr. Kearns as Plaintiff), to discharge the amount due on the judgment debt; and that the Plaintiff Kearns should proceed to sell the property; and it was Ordered " that it be referred to the proper Taxing Master of this Court to tax the costs, charges and expenses of the Plaintiff, W. M. Kearns, as administrator with the will annexed, of the testator, J. Macdonald, in the pleadings mentioned, and as executor of Mrs. A. Pollard, the administratrix, with the will annexed of J. Macdonald," as between solicitor and client. Under this decree the property was sold, and...
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