Nesbitt v Baldwin

• Jurisdiction: Ireland
• Judgment Date: 17 January 1881
• Date: 17 January 1881
• Court: Chancery Division (Ireland)

V. C.

NESBITT

and

BALDWIN

Freeman v. Cox 8 Ch. Div. 148.

Practice — Executor — Admission of assets —

134 V . C. 1881. In re LETT'S TRUSTS. LAW REPORTS (IRELAND). [L. R. I absolute disposal of the husband, it was held that the wife was not entitled to be paid any of the share, but that it should all be paid out to the husband. In Dues v. Smith (1) it was held that the husband was entitled to be paid a sum of money in Court to which he was entitled in right of his wife, both being subjects of DenÂmark, and the law of that country not requiring a settlement. See also Anstruther v. Adair (2). THE VICE-CHANCELLOR made an order that the fund be paid. out to the Petitioner or her attorney. Solicitors for the Petitioner, Messrs. Hone Falkisqer. V. C. NESBITT v. BALDWIN. 1881. Jan. 17. Practice-Executor-Admission of assets-Order for payment into Court before decree. In an administration action by legatees, the Plaintiffs moved before decree for an order that the Defendant, being the surviving executor who had take out probate, should transfer into Court a certain sum of Stock, part of testator's estate, upon an affidavit that the Stock was standing in the Defendant's name. The Defendant did not appear upon the motion, or file any affidavit to oppose it ; but there was no admission by him that the Stock was part of the assets :- Motion refused. Freeman v. ,Cox (8 Ch. Div. 148) observed on. MOTION on behalf of the Plaintiffs that the Defendant should bring into Court the sum of £528 2s. 8d. Stock, which was standÂing in the names of Defendant and John Buckley, deceased. The action was brought to administer the estate of Jane II'Donald, deceased, and to carry out the trusts of her will. The Plaintiffs were legatees under the will, which had been proved by the DeÂfendant and John Buckley as executors. On the 3rd of June, 1880, the Defendant filed. a petition for arrangement in the Court (1) Jae. 544. (2) 2 My. & K. 513. VOL. VII.] CHANCERY DIVISION. 135 of Bankruptcy, but this proceeding had been stayed by the Court, V. C. on the Defendant carrying an arrangement out of Court. Fre- 1881. quent applications had been made to the Defendant for an account, NBSBITT . or for payment, but without success. In reply to a requisition sent BALDWIN. to the Bank of Ireland, it had been ascertained that the money was standing in the names of John Buckley and. the Defendant. The statement of claim had been filed on the 27th of October, 1880, but no further...