Hillas v Hillas

• Jurisdiction: Ireland
• Judgment Date: 22 January 1847
• Date: 22 January 1847
• Court: Court of Chancery (Ireland)

Chancery.

HILLAS

and

HILLAS.

Salter v. CavanaghUNK 1 Dr. & Wal. 668.

Berry v. Usher 11 Ves. 87.

Roe d. Walker v. WalkerUNK 3 B. & P. 375.

Doe d. Hick v. DringENR 2 M. & S. 448.

Booth v. Booth 4 Ves. 399.

Leake v. RobinsonENR 2 Mer. 386.

v. TaylorENR 1 Burr. 268.

Hardacre v. NashENR 5 T. R. 720.

Doe d. Tfeld v. TofieldENR 11 East, 246.

Doe d. Gillard v. GillardENR 5 B. & Ald. 785.

Doe d. Hickman v. HaslewoodENR 6 Ad. & El. 167.

Thomas v. Phelps 4 Rus. 348.

Pitman v. StevansENR 15 East, 505.

134 CASES IN EQUITY. his solvency, and not the tenant ; such is the course both in the Court of Exchequer and here. The reason of that is, that the pro perty relied on as securing the rent is that of the surety. It appears in this case that the surety was aware at the time of the letting that the tenant had property, and it is so stated in the affidavit ; but it Judgment. does not appear that he ever apprised any of the parties of that fact, or that any other party was aware that the tenant would be a responsible person. The surety's case therefore is a weak one. There has, no doubt, been gross negligence ; but I cannot visit that on the parties in the cause ; I cannot say that they are to lose the benefit of this security because the officer of the Court did not perform his duty. I think, therefore, the order of the Master of the Rolls is right ; and I must, therefore, Refuse the motion with costs. HILLAS v. HILLAS. ROBERT WELLIAM Mi.T.AS being seised and possessed of considerable real and personal estate, by his last will duly attested and bearing date the 19th day of January 1837, devised certain real estate particularly described to his son William Hutchinson Hillas for life, with remainders to his sons and daughters successively in tail male; remainder to testator's daughter Esther Hillas for life, with remainÂÂder to her sons and daughters successively in tail male ; remainder to testator's grandson Robert William Hillas, only son of testator's eldest son Robert William Hillas deceased, with various remainders over; remainder to testator's right heirs. He then devised certain other freehold property to William H. Hillas in fee, and devised and bequeathed the rest and residue of his estate and property real and frwhold, not before specifically devised, to his said son William H. Hillas, and appointed the said William H. Hillas and Esther Hillas executor and executrix. William H. Hillas died without issue in 1842 in the lifetime of his father...