The Baron De Feucheres v Dawes
| Jurisdiction | England & Wales |
| Judgment Date | 07 July 1842 |
| Date | 07 July 1842 |
| Court | High Court of Chancery |
English Reports Citation: 49 E.R. 519
ROLLS COURT
S. C. 5 Beav. 144.
5BEAV.110. DE FEUCHERES V. DAWES 519 [110] the baron de feucheres v. dawes. May 25, 1842. [S. C. 5 Beav. 144.] Pending a litigation as to administration in the Ecclesiastical Court, a bill was filed praying a receiver, and that upon the administrator being appointed and brought before the Court the rights of the parties might be declared, and the estate administered: a demurrer to the latter part of the relief was allowed. The bill was filed by the husband of the Baroness de Feucheres, deceased, against her alleged next of kin, and in effect stated, that under the settlement, made in the French form, on the marriage of the Plaintiff with the late baroness, the Plaintiff was, by survivorship, entitled to such part of the property of his wife as had been brought into the settlement; that she died domiciled in England, leaving very considerable other personal estate: and that the Plaintiff was advised, that, as her surviving husband, he was entitled to the whole of her moveable property, and to have administration granted of her estate and effects. It stated that the right to the administration was in litigation in the Ecclesiastical Court, between the Plaintiff and the Defendants, and it prayed, that, pending the said proceedings in the Spiritual Court, the personal estate and effects of the said Sophia Baroness de Feucheres might be secured by this Court, and that a receiver thereof might be appointed, by and under the order and decree of this Court, with directions to get in tha outstanding estate of the said Sophia Baroness de Feucheres, and that the same might be paid into Court, [111] and invested and secured; and that the Defendants might be restrained by injunction from receiving and intermeddling therewith ; and that upon the appointment of a legal personal representative of the said Sophia Baroness de Feucheres, and upon such representative being brought before the Court, the rights of all parties to the said estate of the said Sophia Baroness de Feucheres might be ascertained, and declared by and under the order and decree of this Court and that the same might be applied in a due course of administration. A receiver had been appointed in the cause. The Defendants demurred to so much of the bill as sought, that upon the appointment of a legal personal representative of Sophia Baroness de Feucheres, and upon such representative being brought...
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De Feucheres v Dawes
...of the suppression of an alleged previous reference to arbitration, though the fact was disputed. In this case (reported, on other points, 5 Beav. 110, 144) Messrs. Pinniger & Co. had been employed by the Defendants as their solicitors, and the amount of their remuneration having come under......