Sheppard v Duke
| Jurisdiction | England & Wales |
| Judgment Date | 19 February 1839 |
| Date | 19 February 1839 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 477
HIGH COURT OF CHANCERY
S. C. 8 L. J. Ch. 228; 3 Jur. 168.
Legacy. Statute of Limitations.
[B67] sheppard v. duke. Feb. 19, 1839. [S. C. 8 L. J. Ch. 228; 3 Jur. 168.] Legacy. Statute of Limitations. The 40th sect, of the Statute of Limitations, 3 & 4 Will. 4, c. 27, applies to legacies payable out of personal estate as well as to legacies charged on real estates. The bill was filed against the executors of a testator whose will had been proved more than 20 years before the commencement of the suit, to compel payment of pecuniary legacies given to the Plaintiffs, and payable out of the testator's personal estate only. The Defendants pleaded the 3 & 4 Will. 4, c. 27, s. 40. That Act is intituled, " An Act for the Limitation of Actions and Suits Relating t/ Real Property, and for Simplifying the Remedies for Trying the Eights Thereto." It enacts, amongst other things, that, after the 31st day of December 1833, no action or suit or other proceeding shall be brought to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to [568] some person capable of giving a discharge for or release of the same, unless, in the meantime, some part of the principal money or some interest thereon shall have been paid, or some acknowledgment of the right thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent; and in such case, no such action or suit or proceeding shall be brought but within twenty years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one, was given. Sect. 40. That, after the said 31st day of December 1833, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable or his agent ; provided, nevertheless, that...
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Jonathan Bullock and Others, - Appellants; Charlotte Dorothy Downes and Others, - Respondents
...of a pecuniary legacy, and i's therefore not affected by what was said in Prior v. Horniblow (2 Yo. and Col. Ex. 200), or Sheppard v. Duke (9 Sim. 567), the former of which is doubted in Adams v. Barry (2 Coll. 290), but the construction of the statute is better considered in Paget v. Foley......
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Ravenscroft v Frisby
...no general account of the personal estate could have been taken; but supposing it could, the case is within the statute: Sheppard v. Duke (9 Sim. 567), Sterndale v. Hankinson (1 Sim. 393), Piggott v. Jefferson (12 Sim. 26). There is -no acknowledgment whatever, as in Lord St. John v. Bought......
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Evans v O'Donnell and Another
...S.) 257. Wall v. WalshUNK Ir. R. 4 C. L. 103. Johnson v. BellUNK 6 Ir. C. L. R. 526. O'Hara v. Creagh 3 Ir. Eq. R. 179. Sheppard v. DukeENR 9 Sim. 567. Watson v. BirchENR 15 Sim. 523; 16 L. J. Ch. 188. O'Hara v. Creagh 3 Ir. Eq. R. 179. Ex parte Tynte 15 Ch. Div. 125. Sutton v. Sutton 22 Ch......
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Portlock v Gardner
...stands for judgment. a HAKE, 601. PORTLOCK V. GARDNER 1171 is a bar to the claim of a legacy after twenty years : Shep-^QOl'j-pard v. Duke (9 Sim. 567), Prior v. Horniblow (2 Y. & Coll. 200), Phillipo v. Munnings (2 Myl. & Or. 309). Mr. James Eussell and Mr. Wright, for the representatives ......