Wilson v Squire
| Jurisdiction | England & Wales |
| Judgment Date | 24 November 1842 |
| Date | 24 November 1842 |
| Court | High Court of Chancery |
English Reports Citation: 60 E.R. 83
HIGH COURT OF CHANCERY
S. C. 12 L. J. Ch. 139.
Legacy. Costs.
U8IK. na. WILSON V. SQUIRE 83 [212] wilson v. squire. Nov. 24, 1842. [S. C. 12 L. J. Ch. 139.] Legacy. Costs. In a suit for administering a testator's estate, a legacy was claimed by two legatees adversely to each other. Held, that as the question arose on the testator's will, the costs must be borne by his estate, and not by the legacy. This suit was instituted for the administration of the estate of Thomas Hill, deceased. By his will he gave a legacy of 1000 three per cents, to the Governors and Trustees of the London Orphan Society in the City Road. Two charitable institutions, namely, the Orphan Working School in the City Road, and the Orphan Asylum at Clapton, Middlesex, claimed the legacy adversely to each other, before the Master. The Master decided in favour of the latter institution, because the testator had been a subscriber to it. But upon exceptions being taken to the Master's report, the Court decided in favour of the former; and on the hearing of a petition presented by the treasurer for payment of the legacy the question was whether the costs ought to be borne by the legacy or paid out of the testator's residuary estate. Mr. Blower, for the Petitioner, cited Crogan v. Baines (ante, vol. vii. p. 40) and Ripley v. Moysey (1 Keen, 578). Mr. Wood, for the residuary legatees, said that they did not contend that the legacy was not payable, but [213] that the question was between the two adverse claimants of the legacy : he cited Jenour v. Jenour (10 Ves. 562) and Angell v. Davis (4 Myl. & Cr. 360). Mr. Eolt also appeared upon the petition. the vice-chancellor [Sir L. Shadwell], If a fund is separated from the bulk of the testator's estate and then a question arises about it, the fund pays the costs. But if the question is, who is entitled to the fund in the first instance, that question is raised by the testator himself, and his estate must bear the costs : for a testator's estate bears the costs of all the questions that arise on his will respecting it. In this case, therefore, the costs of all parties must be paid out of the estate.
English Reports Citation: 62 E.R. 1058
HIGH COURT OF CHANCERY
See In re Kilvert's Trusts, 1871, l. R. 12 Eq. 187; L. R. 7 Ch. 170.
[654] wilson v. squike. June 3, 1842. [See In re Kilverfs Trusts, 1871, L. E, 12 Eq. 187; L. E. 7 Ch. 170.] Testator bequeathed a legacy to...
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