Re Estate of Huthwaite v
| Jurisdiction | UK Non-devolved |
| Judgment Date | 13 November 1851 |
| Date | 13 November 1851 |
| Court | Privy Council |
Privy Council.
Errington v. EvansENR 2 Dick. 457.
Cary v. Goodinge 3 Br. C. C. 111.
Fosbrooke v. Balguy 1 M. & K. 226.
Willock v. Dargan 1 Ir. Chan. Rep. 39.
M'Leod v. Drummond 17 Ves. 152.
Watkins v. CheekENR 2 Sim. & St. 199.
Davis v. Strathmore 16 Ves. 428.
Cheval v. NicholsENR 1 Str. 664.
Latouche v. Dunsany 1 Sch. & Lef. 137.
Biddulph v. St. John 2 Sch. & Lef. 521.
Beere v. HeadENR 3 Jo. & Lat. 340.
Latouche v. O'BrienUNK 10 Ir. Eq. Rep. 112.
Dunsany v. Latouche 1 Sch. & Lef. 137.
Beere v. HeadENRUNK 3 Jo. & Lat. 340; S. C. 9 Ir. Eq. Rep. 76.
Latouche v. Lord Dunsany 1 Sch. & Lef. 160.
Latouche v. O'BrienUNK 10 Ir. Eq. Rep. 113.
54 CHANCERY REPORTS. liutittfai Committtt of tbt Wear froinuili In re ESTATE OF HUTHWAITE4 Tars was a petition of appeal from the decision of the Commissioners for the Sale of Incumbered Estates. The facts, as they appeared in the petition, were as follows : In the year 1809 Charles Kennedy was seised of an estate for three lives, with a covenant for perpetual renewal, in the lands of Old Court. In Trinity Term 1809 his sister Eleanor Kennedy obtained two judgments against him for the respective principal sums of £500 and £700. These judgments were not redocketed, and were inserted as Nos. 6 and 8 in the schedule of incumÂbrances. In 1812 Charles Kennedy died, having made his will, and beÂqueathed all he was possessed of or entitled unto at his decease, whether in fee, freehold or chattel, to his brother John Kennedy, with a direction that all his just debts should be discharged, and appointed the said John Kennedy his sole executor, who proved the will. Eleanor Kennedy made her will on the 31st of August 1815, and thereby, after reciting that she was entitled to two bonds in the posÂsession of her brother John, she bequeathed various legacies, and appointed her brother, the said John Kennedy, her executor, who proved her will. Eleanor Kennedy died shortly afterwards. necassarily null and void as against an intervening * Before the LORD CHANCELLOR, The LORD CHIEF JUSTICE of the Queen's Bench, The LORD CHIEF JUSTICE of the Common Pleas, The ATTORNEY-GENERAL, and The Right Hon. RICHARD WILSON GREENE. t Reported by E. S. TREVOR, Esq. .C1,X aele At arcs eelLeidi 4-a#4' tuvil wad (444- CHANCERY REPORTS. 55 A bill was filed against John Kennedy in the Court of Exchequer 1851. Privy Council. by one of the legatees on the 19th of November 1832. This suit In re was still pending, and the legacies were unpaid. HIITHWAITE. In Trinity Term 1807, a judgment for the principal sum of £1000 Statement. 'was obtained against John Kennedy by Thomas Dill and James Martin ; and in the same Term a judgment was obtained against Charles Kennedy for the same amount by the same parties. These judgments were not redocketed. They were obtained for the same debt, and were inserted as Nos. 5 and 7 in the schedule of incumÂbrances. In 1833 and 1834 respectively, two judgments were obtained against John Kennedy. These judgments were redocketed, and were placed as Nos. 2 and 3 in the schedule of incumbrances. On the 15th of December 1834, a mortgage was executed by John Kennedy to John Martin and Michael Connolly. This was inserted as No. 4 in the schedule of incumbrances. The'incumbrances in the schedule were arranged by Mr. Corn missioner Hargreave thus : No. 1.-Costs of petition. No. 2.-Judgment against John Kennedy, Michaelmas Term 1833. No. 3.-Judgment against John Kennedy, Hilary Term 1834. No. 4.-Mortgage of the 15th of December 1834. No. 5.-Judgment against Charles Kennedy, Trinity Term 1807. No. 6.-Judgment by E. Kennedy against Charles Kennedy, Trinity Term 1809. No. 7.-Judgment against John Kennedy, Trinity Term 1,807. No. 8.--Judgment by Eleanor Kennedy against Charles KenÂnedy, Trinity Term 1809. A legatee entitled to the judgments of Trinity Term 1809, as part of the assets of Eleanor Kennedy, took objections to the report, which were overruled by a majority of the Commissioners, by an order bearing date the 20th of June 1851 ; the Cbief Commissioner being in favour of the objections, and Mr. Commissioner Longfield and Mr. Commissioner Hargreave against them. The petition of appeal was presented against that order. It prayed that the order 56 CHANCERY REPORTS. of the Commissioners might be reversed or varied, and that the petitioner's claim on foot of the judgment obtained by Eleanor Kennedy against Charles Kennedy, instead of being placed sixth in order of priority, should be placed second, or should at least have priority over the incumbrances standing Nos. 2, 3 and 4 in the scheÂdule, and that the claim on foot of the judgment obtained by the said Eleanor Kennedy against John Kennedy, standing No. 8 in order of priority in said schedule, should be placed as No. 3 in said scheÂdule, or should at least have priority...
To continue reading
Request your trial
-
The Estate of Henry Thomas Arthur Shapland Boyse, Owner and Petitioner, and The Estate of Catherine Backas and Others, Owners of Land, Catherine Backas, Petitioner,
...can take advantage of such failure to register are subsequent purchasers, mortgagees, and creditors. d. m. s. (1) 9 Ir. Eq. R. 233. (2) 2 Ir. Ch. R. 54. (3) 25. L. R. Ir. (4) 27 L. R. Ir. 275. (1) 12 Ir. Ch. R. 224. (2) 6 De G. M. & G. 492. (3) 6 H. L. C. 581. (1) 6 De G. M. & G. 492. (2) 6......
-
Re Roche's Estate
...C. C. c. 401. Gibson v. SeagrimENR 20 Beav. 614. H. v. M'Cowan 7 Ir. Jur. (O. S.) 389. Beere v. Head 3 Jo. & L. 340. Huthwaite's Estate 2 Ir. Ch. R. 54. Ker v. Ker Ir. R. 4 Eq. 15, 30. Re Huthwaite 2 Ir. Ch. R. 54. Woodroffe v. Green 14 Ir. Ch. R. 224. Costs of solicitor having carriage — P......
-
Re Armstrong
...Division V.-C. (1892. No. 788.) IN RE ARMSTRONG. In re HuthwaiteUNK 2 Ir. Ch. Rep. 54. In re LoweUNK 4 Ir. Ch. Rep. 97. Latouche v. Lord Dunsany 1 Sch. & Lef. 137. M' Cowan 7 Ir. Jur. 389. Peacocke v. HaroldUNK 21 L. R. Ir. 351. Jointure and portions charged on lands — Postponement of joint......
-
The Estate of Richard Butler Hamilton Lowe, Owner; Catherine Delany, Petitioner
...Council. In the Matter of the Estate of RICHARD BUTLER HAMILTON LOWE, Owner; CATHERINE DELANY, Petitioner. Huthwaite's caseUNK 2 Ir. Ch. Rep. 54. Latouche v. Lord Dunsany 1 Sch. & Lef. 160. Wilcocks v. Lowe 6 Ir. Jur. 101. CHANCERY REPORTS. 97 1854. Privy Council. In the Matter of the Estat......