Re Boyle; Wallace v Boyle and Sothern

• Jurisdiction: Ireland
• Judgment Date: 01 January 1948
• Date: 01 January 1948
• Court: High Court

In re Boyle; Wallace

and

Boyle and Sothern

Claim by one of two executors for work done during lifetime of testator - Claim allowed, after investigation, by co-executor - Whether residuary legatee entitled to dispute claim - Power of co-executors to pay or allow claim by one of themselves against estate of testator - Devastavit -Trustee Act, 1893 (56 57 Vict. c. 53), s. 21 -Solicitor and client - Will - Solicitor appointed executor - No provision in will enabling solicitor executor to charge profit costs - Appointment by executors of a second solicitor to act as solicitor in the matter - Second solicitor abroad, having previously appointed executor solicitor his agent to carry on his practice - Administration of testator's estate carried out by executor solicitor in name of second solicitor - Whether second solicitor entitled to recover from estate profit costs in respect of work done on his behalf by executor solicitor -Nature and extent of legal inability of executor to profit from his office

The testator by his will appointed the defendant B., who was a solicitor, and...