Stringer v Harper
| Jurisdiction | England & Wales |
| Judgment Date | 24 March 1859 |
| Date | 24 March 1859 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 1024
ROLLS COURT
S. C. 28 L. J. Ch. 643; 5 Jur. (N. S.) 401; 26 Beav. 33. See Harloe v. Harloe, 1875, L. R. 20 Eq. 473; In re Middleton, 1882, 19 Ch. D. 554.
[585] stringer v. harper (No. 2). Afardt 22, 23, 24, 1859. [S. C. 28 L. J. Ch. 643 ; 5 Jur. (N. S.) 401 ; 26 Beav. 33. See Harloe v. Harloe, 1875, L. R. 20 Eq. 473 ; In re Miildleton, 1882, 19 Ch. D. 554.] Costa of a suit to administer both real and personal estate, and to ascertain the rights to.both, were held payable, primarily, out of the personal estate, notwithstanding the personal estate was, by the will, exonerated from payment of the debts, and the costs and charges of proving the will. The testator had three small freehold properties : 1st, the Bobbington estate which was mortgaged ; 2cl, the Miners' Arms estate which was also mortgaged ; and 3d, the Stone Street estate which was charged in aid of the mortgage on the Miners' Arms. (See ante, p. 33.) By his will, dated in 1855, the testator said, " I exempt my personal estate from payment of my just debts." He devised the Bobbington estate to the Plaintiff, in trust for sale, and to pay "all the debts justly clue and owing from him at the time of his decease, and the costs and charges of proving his will," and to invest the residue for his widow and children. He bequeathed both his personal estate and the produce also of the Stone Street estate (which he devised to the Plaintiff for sale), on trusts for his wife and children. The testator died in 185fi, but, in his lifetime, the mortgagee sold and conveyed the mbeav. dm. be medewe's trust 1025 Bobbington estate. The surplus produce amounted to £80, which was paid [586] to the executors. The personal estate amounted to above £170, and the Stone Street estate had also been sold by the Plaintiff for £880. The Miners' Arms estate descended on the heir, subject to the mortgage. The bill prayed for the administration of the real and personal estate, and that the rights of the parties in the real and personal estate might be ascertained. By the decree, it was declared that the debts and funeral and testamentary expenses were payable out of the Miners' Arms estate, and that the personal estate was exoneratd therefrom. The cause came on for further consideration, when the question was, whether the costs of suit ought to be borne by the Miners' Arms estate or by the real and personal estate rateably, or by the personal estate...
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