Clinton v Brophy

• Jurisdiction: Ireland
• Judgment Date: 28 January 1847
• Date: 28 January 1847
• Court: Court of Chancery (Ireland)

Chancery.

CLINTON

and

BROPHY.

Jones v. ScottENR 1 Russ. & My. 261.

Williamson v. Naylor 3 Yo. & Col. Exch. Rep. 208.

Philips v. PhilipsENR 3 Hare, 281.

M'Cullough v. Dawes 9 Dow. & Ry. 940.

Castleton v. Fanshaw 1 Pr. in Ch. 100.

Ex parte Dewdney 15 Ves. 498.

Shewen v. VandenhurstENRENR 1 Russ. & My. 349; and on appeal, 2 Russ. & My. 75.

Waters v. Earl of ThanetENR 2 G. & Dav. 166.

Williamson v. Naylor 3 Y. & Col. Ex. 208.

Philips v. PhilipsENR 3 Hare, 281.

Castleton v. Fanshawe Prec. in Ch. 100.

Norton v. FreckerENR 1 Atk. 524.

Maddock's Chancery 1 Mad. Ch. Pr. 728.

Hopkinson v. Leech 1 Mad. Ch. Pr. 728 in note.

CASES IN EQUITY. 139 1847. Chancery. CLINTON v. BROPAY. Jan. 27, 28. A debtor wrote to X a letter, which was not to be opened till his death, and to be considered as his will, in which he diÂrected X and other creditors named to be paid as soon as X could get funds in hands. In a suit to administer the debtor's assets the Statutes of Limitation were relied on against X., whose deÂmands, by judgment and simple conÂtract, were more than 20 years old at the debtor's death. Held, they pounded with in 1797.-JAMES MEAGHER." were not barred. Upon this letter was the following indorsement Executors or " This letter not to be opened until you find it necessary to make ma dryi nrei sttariantofrosr use of the power of attorney that accompanies it." debts barred Subsequently to writing this letter James Meagher went to Eng- by the Statute of Limitations land, where he died in the month of April 1840, possessed of consi- though it is set up by the lega derable personal property, part in England and the residue in this tees or next-country, and upon his death the defendant Peter Brophy proved the of-kin. letter as his will both in England and Ireland as executor by the Statement. tenor. The present suit was instituted by the plaintiff as nephew and one of the next-of-kin of James Meagher, on behalf of himself and the other next-of-kin, for an administration of the assets and an account of the personal estate and incidental relief. The usual decree to account was pronounced in 1844, and the Master by his report thereunder, made in November 1846, found that Brophy possessed himself of the personal estate of the testator to the amount of £5151. 17s. 6d., of which he had disbursed £977. 14s. 11d., and that healsretained out of the said personal estate for himself a sum 140 OASES IN EQUITY. of £170. 18s. 10d., which sum was due and owing by the said testaÂtor in his lifetime to the said Peter Brophy on foot of a bond and of a book account between them ; and that the said Peter Brophy as executor was, under the provisions of the said will, entitled to retain the said sum of money and to take credit out of the assets for the same. To this report the plaintiff excepted, insisting that the Master ought not...