Mandeville v Mandeville

• Jurisdiction: Ireland
• Judgment Date: 09 March 1888
• Date: 09 March 1888
• Court: Court of Appeal (Ireland)

Appeal.

Before LORD ASHBOURNE, C., and FITZ GIBBON, BARRY, and NAISH, L. JJ.

MANDEVILLE

and

MANDEVILLE

Buccle v. AtleoENR 2 Vern. 37.

Latch v. LatchELR L. R. 10 Ch. App. 464.

Smith v. The Cork and Bandon Railway Co. Ir. R. 5 Eq. 65.

Commissioners of Sewers of the City of London v. Gellatly 3 Ch. Div. 610.

Buccle v. AtleoENR 2 Vern. 37.

Administration action instituted by executor Single creditor named defendant How far sustainable.

VOL. XXIII.] CHANCERY DIVISION. 339 MANDEVILLE v. MANDEVILLE (1). Administration action instituted by executor-Single creditor named defendant -Row far sustainable.' An executor cannot maintain an action for administration against one 'creditor as sole defendant, even where, from the executor being the, universal devisee and legatee, no next-of-kin or cestui que trust could become plaintiff or be named defendant. Buccle v. Atleo (2 Vern. 37) not followed. Decision of Chatterton, V.-C., affirmed. APPEAL by the sole plaintiff, Margaret Anne Hackett MandeÂÂville, from the order of the Vice-Chancellor of the 19th January, 1888, refusing, with four guineas costs, her motion for judgment, •s in default of pleading by the sole defendant, Jane Maria Mandeville. The action was instituted by the plaintiff " as the executrix of the said. James Hackett Mandeville and as devisee of lands under his will," and the defendant was sued " as a creditor of the said James Hackett Mandeville," and the statement of claim was, in substance, as follows : James H. Mandeville, of Ballyquirkeen, County of Tipperary, •died on the 10th January, 1887, having, by his will of the 2nd February, 1886, left all his property to his wife (the plaintiff) absolutely, and appointed her sole executrix, and she obtained probate on the 18th February, 1887. The testator was, at the time of his death, entitled to an estate in fee simple in reversion, expectant on the determination of the plaintiff's life estate therein, in the lands of Ballyquirkeen, and was also possessed of personal property to the value of about 350. The lands produced a rent of about 500 a-year, and were subject to a mortgage debt of about 5000 charged on the fee. The testator, at the time of his (1) Before LORD ASHBOURNE, C., and FITZ GIBBON, BARRY, and NAIS1T, L.JJ. 340 LAW REPORTS (IRELAND). [L. R. I. Appeal. death, owed the Northern Bank (Limited) about 3390, of which 1888. about 1650 was due on the joint and several notes of the testator, M ANDEVILLE the defendant, and Francis Mandeville, and 944 3s. on the like MANDEVILLE. notes of the testator and the plaintiff, the last-mentioned notes having been signed by the plaintiff solely, as surety for him. By his bond of the 29th January, 1881, the testator became bound to the defendant in the sum of 6600 to secure payment of 3300, part of which...