Stafford v Fiddon
| Jurisdiction | England & Wales |
| Year | 1857 |
| Date | 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 151
ROLLS COURT
See Blogg v. Johnston, 1867, L. R. 2 Ch. 228.
[386] stafford v fiddon. Feb. 9, 1857. [See Blogg v. Johnston, 1867, L. R. 2 Ch. 228.] An executor who had unnecessarily retained in his hands uninvested a balance of 655, for a year and a half, charged interest thereon. At the end of two years after the testator's death the executor had in his hands a sum of 655, which had been retained by him uninvested without any necessity for a year and a half. 152 NEWBEGIN V. BELL 23 BEAV. 386. the master of the rolls [Sir John tiomilly] decided that the executor ought to be charged with interesc on this balance. Mr. Druce, for the executor. Mr. R. Palmer, contra.
English Reports Citation: 53 E.R. 152
ROLLS COURT
[386] newbegin /. bell. Feb. 18, 1857. Bequest of specific chattels in trust to sell, " in the first place " to pay the debts, and then to divide the residue amongst five persons. There was no residuary gift. Held, that the debts were primarily payable out of the general residue. There being no residuary gift, the next of kin filed a bill for administration. The debts exhausted the residue, but there remained assets specifically bequeathed. Held, that the Plaintiff must bear his own costs, but that the executor was entitled to his costs out of the specific legacies. The testator by his will, dated the 5th of November 1847, bequeathed a leasehold, and a ship called " Ophelia and Mary," to his three trustees and executors in trust to sell, and he proceeded as follows :-" And I hereby declare that my said trustees shall stand and be possessed of the moneys which shall arise from such sale and sales as aforesaid, upon trust, in the first place, to pay off and discharge all my just debts and funeral and testamentary expenses, then the residue of such moneys shall be divided amongst my daughter-in-law Jane," [387] and four other persons whom he named. The will contained no residuary gift. The testator died on the 13th of November 1847. On the 13th of May 1847 the testator had chartered the vessel, and under the terms of the charter-party, the freight became payable on the delivery of the cargo at Hull, which happened two or three days before the death of the testator. It produced 537. This bill was filed by the next of kin against the executors alone, claiming the freight and asking for the administration of the estate. They succeeded at the hearing (26th of June 1856)...
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