John Richards and Elizabeth His Wife v John Page, William Lewis and Mary Lewis

• Jurisdiction: Ireland
• Judgment Date: 25 April 1840
• Date: 25 April 1840
• Court: Rolls Court (Ireland)

John Richards and Elizabeth his Wife

and

John Page, William Lewis and Mary Lewis.

CASES

IN THE

COURTS OF CHANCERY, ROLLS, AND

EQUITY EXCHEQUER.

CHANCERY.

PLEADING — DEMURRER — SUPPLEMENTAL BILL.

Demurrer by the defendants John Page and William Lewis, to a bill filed as a supplemental bill after issue joined, and before the hearing. The original bill was filed on the 20th December 1838, by plaintiff John, claiming (in right of his wife, as administratrix with the will annexed, of one Margaret Page) an account of assets of Margaret, alleged to have come to the hands of the defendant John Page as executor in his own wrong; and claiming (in right of the plaintiff Elizabeth), the amount of a legacy bequeathed to her by the will of John Page the elder, of which payment was prayed as against the defendants William Lewis and Mary Lewis, as executors of one George Lewis, to whom the plaintiffs insisted funds had been given by Margaret Page as the executor of John page the elder, for the express purpose of paying this legacy. The defendants filed separate answers, the last on the 8th May 1839; and thereby, amongst other things, insisted that the plaintiffs were not entitled to a discovery of certain matters, on the ground that the personal representative of John Page the elder was not a party. In November 1839, the defendants having applied to dismiss the bill for want of prosecution, the plaintiffs were put under terms to file a replication within two days, and it was accordingly filed. On the 10th of February 1840, the plaintiffs filed a bill purporting to be a supplemental bill, re stating the principal charges of the original bill with alterations and considerable additions,—prefacing such statements by “your suppliants shew that by said bill they charged as they now charge,” &c., “your suppliants by their said original bill charged but erroneously,” &c.;—and charging as the only fact occurring after replication, that the plaintiff Elizabeth had in January 1840 obtained letters of administration with the will annexed of John Page the elder; and praying that this be deemed a supplemental bill, and that the plaintiffs might have the relief prayed by the original bill; also an account of the personal estate of the testator John Page, and of his debts, &c.; and that the rights of the plaintiffs under both wills might be declared. To this bill a demurrer was taken by the defendants John Page and William Lewis, assigning as causes,—first, “That no new matter is shewn to have arisen since issue joined, which might not (if the Court should think proper and necessary) have been stated by amendment;”—second, “that the matters purporting to be new matter, might in a proper stage of the original cause...