Re Fisher and Haslett

• Jurisdiction: Ireland
• Judgment Date: 13 December 1884
• Date: 13 December 1884
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

IN RE FISHER AND HASLETT

Thompson v ToddUNK 15 Ir. Ch. Rep. 337.

Hodkinson v. QuinnENR 1 J. & H. 303.

Doe v. HughesENR 6 Exch. 223.

Corser v. CartWright L. R. 8 Ch. Ap. 971.

Thompson v. ToddUNK 15 Ir. Ch. Rep. 337.

Brassey v. Chalmers 4 DeG. M. & G. 528.

Tylden v. HydeENR 2 Sim. & St. 238.

Forbes v. PeacockENR 1 Phill. 717.

Doe d. Gratrex and Hoffman v. Homfray 6 A. & E. 206.

Hamilton v. Buck-MasterELR L. R. 3 Eq. 323.

Forbes v. PeacockENR 11 M. & W. 630.

Robin-son v. LowaterENR 17 Beav. 592; on Appeal, 5 De. G.M. & G. 272.

Wrigley v. SykesENR 21 Beav. 337.

Oates v. CookENR 3 Burr. 1684.

Doe v. Gil-lardENR 5 B. & Ald. 785.

Doe v. Homfray 6 A. & E. 206.

Parker v. Tootal 11 H. L. Cas. 161.

Re Wynch's TrustsENR 5 De G. M. & G. 221.

Vendor and purchaser Estate subject to charge of debts Renunciation by executor Power of acting executor to sell.

Y. C. IN RE FISHER AND HA SLEPT. 1684. Dec. 9,13. Vendor and purchaser-Estate subject to charge of debts-Renunciation by executor-Power of acting executor to sell. A testator by his will directed that his debts should be paid and that his property (which included real estate) should be sold by his executors. One of the executors alone proved the will, the other having renounced probate : Held, that the acting executor could make a good title to the real estate, and that he had power to sell and convey it. 22 & 23 Vict. c. 35, section 16, and 45 & 46 Vict. c. 39, section 6, held to apply. SUMMONS in the matter of a contract for the sale and purchase of real estate made between Thomas Fisher of the one part and James Horner Haslett of the other part, and in the Matter of the Vendors and Purchasers Act, 1874, on the part of James Homer Haslett, that it might be declared that Thomas Fisher, the vendor in the said contract, had not power to sell the hereditaÂÂmoats, the subject-matter of the said contract, which consisted of real estate. It appeared that Alexander Lecky died on the 3rd of November, 1881, having previously made his will, in which he appointed Thomas Fisher and James Homer Haslett executors thereof. The will, so far as is material to the present case, was in the words following :-" I direct that all my just debts, funeral and testamentary expenses be paid as soon as conveniently may be after my decease, and I further direct that my house property and the ground rents payable to me, together with my household furniÂÂture and effects shall be sold by my executors; but they are to use their own discretion as to the time at which the sale of said house property and ground rents shall take place, whether immediately after my decease, or a year or two thereafter, and whether same shall be sold in one or more lots, and subject or not subject to the mortgage debt due thereon. Pending the sale of such last-mentioned property the income arising therefrom (subject to the payment of head-rent VoL. XIII.] CHANCERY DIVISION. and interest on mortgage debt) is to be applied in the support and maintenance of my wife and my five children hereinafter named. When my executors shall have realized my entire property, and discharged all outgoings legally or properly payable therefrom, I direct them to pay to my wife Bessie one-third of my net estate, and the remaining two-thirds to and amongst my children ..... Mr. Thomas Fisher, of Arthur-street, Belfast, is to continue to act as agent of my property after my decease, and he is to be allowed and paid the commission which he at present receives." The will was proved by Thomas Fisher alone, James Homer Haslett having renounced probate thereof. At a sale by auction on the 29th of July, 1884, James H. Haslett was the highest bidder for and was declared the purchaser of all the lots of proÂÂperty then offered for sale, which consisted of the property directed to be sold by the testator, all of which was held under one fee-farm grant, made by James P. Corry to the testator. It appeared from the abstract of title to the premises furnished to the purchaser's solicitors, that the vendor Thomas Fisher was selling the property as sole acting executor of the will of Alexander Lecky. It also appeared that there were at the date of the sale considerable debts of the testator remaining unpaid. Doubts having arisen whether, in consequence of the renunciation by James H. Haslett, the venÂÂdor...