Rowley v Adams
| Jurisdiction | England & Wales |
| Judgment Date | 21 November 1839 |
| Date | 21 November 1839 |
| Court | High Court of Chancery |
English Reports Citation: 41 E.R. 206
HIGH COURT OF CHANCERY
S. C. 2 Jur. 915; 9 L. J. Ch. (N. S.), 34; 3 Jur. 1069.
v. adams. April 20, 24, Nov. 21, 1839. [S. C. 2Jur. 915 ; 9 L. J. Ch. (N. S.), 34; 3 Jur. 1069.] Executors, whose testator was the assignee of a leasehold estate, of which the rent was greater than its yearly value, were ordered by the Court to take such steps as might be necessary to relieve the testator's estate from liability in respect of the rent and covenants of the lease. The executors endeavoured to prevail upon the, lessor to accept a surrender, but he refused to do so; and they took no other steps towards complying with the order. Held, that the executors ought to have assigned the lease to some other person; and that, not having done so, they were bound themselves to exonerate the testator's estate from the liabilities to which it had been subject in respect of the lease since the time at which they might have made-such an assignment. Henry Wyatt, the testator in the cause, was the assignee of a lease for years, which, by his will, he bequeathed to the Defendants Samuel Adams and Edmund Marks, in trust for his son William Wyatt, who was also a Defendant in the cause ; and he appointed Adams and Marks his executors; and they proved his will. The rent reserved by the lease was so great as to make the lease of little or no value, and the testator's son, William Wyatt, declined to take an assignment of it. The assignment of the lease made to the testator had been made to him in the usual form, subject to the payment of the rent and performance of the covenants reserved and contained in and by the original lease, and from thenceforth, on the lessee's or assignee's part, to be paid, kept, done, and performed. E B35] By an order of the Court, made on the 23d of July 1833, on the petition e Plaintiffs, it was referred to the Master to consider and state to the Court what course it would be advisable to adopt with respect to the hereditaments comprised i 4 MY. & CR. Stt. ROWLEY V. ADAMS 207 the lease, and certain freehold hereditaments of the testator which had been occupied by him in his business, together with the leasehold hereditaments, with a view to the benefit of the testator's estate, and the persons entitled thereto or to claims thereon ; and to approve, if he thought tit, of a plan for letting the same, or any part thereof ; and to inquire whether it would be fit, and for the benefit of the testator's estate, and the parties interested therein, that tho property should be improved by means of an expenditure thereon, or that the same, or any part thereof, or the materials thereof, should be sold; and it was ordered that he should consider and state to the Court in what manner and from what fund the yearly rent of 230, being the rent of the leasehold premises, should be paid, and whether the liability to pay the same was or could be removed, with liberty to state special circumstances. The Master, by his report, dated the 3d of August 1833, stated his opinion that it would be desirable, with a view to the benefit of the testator's estate, and the persons entitled thereto and to claims thereon, that the receiver in the cause should be discharged as to the leasehold estate; and the Defendant William Wyatt having, before the Master, declined to take an assignment of it, the Master approved of the Defendants Adams and Marks taking such steps as might be necessary to dispose thereof upon the best terms they might be able, so as to relieve the testator's estate from all claims and liabilities for rent or covenants from and after the 29th of September then next. [536] By an order of the Court, dated the 10th of August 1833, it was ordered that the Master's report should be confirmed, and that the receiver should be discharged, as to the leasehold estate, from and after the 10th of September then next; and that the Defendants Adams and Marks should take...
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Rowley v Adams
...English Reports Citation: 49 E.R. 1118 ROLLS COURT Rowley and Adams Affirmed, 2 H. L. C. 725; 9 E. R. 1267. For other proceedings, see 4 My. & Cr. 534; 41 E. R. 206; 7 Beav. 548; 9 Beav. 348; 14 Beav. 130. 1118 EOWIrEY V. ADAMS 7 BEAV.; [395] eowley v. adams. March 1, 2, 4, 5, 6, 7, 9, May ......