Kemp v Burn
| Jurisdiction | England & Wales |
| Judgment Date | 21 January 1863 |
| Date | 21 January 1863 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 740
HIGH COURT OF CHANCERY
S. C. 7 L. T. 666; 9 Jur. (N. S.) 375; 11 W. R. 278; 1 N. R. 257. Followed, Jefferys v. Marshall, 1870, 19 W. R. 94; 23 L. T. 548.
[348] kemp v. burn. Jan. 20, 21, 1863. [S. C. 7 L. T. 666; 9 Jur. (N. S.) 375; 11 W. E. 278 ; 1 N. E. 257. Followed, Jefferys v. Marshall, 1870, 19 W. E. 94; 23 L. T. 548.] Where the trustees under a will refused to furnish the solicitor of the residuary legatee with an account, though they offered to permit the Plaintiff herself or a professional accountant to inspect the accounts, the Court ordered them to pay the costs of a suit to administer the testator's estate. The question was as to the costs of the suit. The bill was filed by Mrs. Kemp by her husband, her next friend, and it prayed that the estate of John Weldall might be administered under the direction of the Court. . - The Defendants were the surviving trustees and executors under the will. Some time prior to 1855 the Plaintiff's solicitor, a Mr. Simpson, on behalf of the Plaintiff, required from the Defendant, Burn, an account of the testator's estate, and intimated that unless such accounts were received proceedings would be taken against the Defendants, of which they would be asked to pay the costs. The Defendant, Burn, refused to give any account to Simpson, but stated that he had offered to allow Mrs. Kemp to inspect the accounts for herself. In the beginning of 1862 Mr. Simpson applied to the Defendant's solicitor and to the Defendant, Sargisson, the co-trustee, for an account, but no account was rendered. The Plaintiff shortly afterwards filed this bill, praying that an account might be taken, and that the Plaintiff might be let into the possession of the real estate devised to Mrs. Burn, and that the Defendants might pay the costs qf the suit. In their answer the Defendants alleged that they offered to allow the Plaintiffs, or any accountant whom they would name, to inspect and take copies of the accounts. They alleged that the Plaintiffs had to their knowledge borrowed money from Simpson which they were spending in an extravagant way ; and that they believed Simpson's sole object in requiring the account was to see whether he could advance further sums on the security of the property comprised in the will, and that it [349} was on this ground alone that they refused to give Simpson the accounts he sought. Mr. Malins and Mr. Nalder, for the Plaintiffs. The necessity for...
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