Re M'Nulty, Deceased. v M'Kenna v Harley

• Jurisdiction: Ireland
• Judgment Date: 05 May 1893
• Date: 05 May 1893
• Court: Court of Probate (Ireland)

Probate.

IN RE M'NULTY, DECEASED.

and

M'KENNA

and

HARLEY.

Whittaker v. WhittakerELR 7 P. D. 15.

Manchester and Liverpool District Banking Company, Limited, v. ParkinsonELR 22 Q. B. Div. 173.

Holmes v. Millage 41 W. R. 354.

Macnicoll v. Parnell 35 W. R. 773.

Practice Receiver by way of equitable execution Legacy Judgment debtor.

X XX1,] CHANCERY DIVISION.- 391 IN RE llf'NULTY, DECEASED. Probate. M'KENNA v. HARLEY. May 1, 5. 1893. Practice-Receiver by way of equitable execution-Legacy-Judgment debtor, The defendants, executors of a testatrix, obtained a judgment for their costs against the plaintiff, who was entitled to a legacy under the will which was the subject of the action. The judgment was unsatisfied, and in an affidavit filed on behalf of the defendants it was stated that, except through this legacy, they had no means of obtaining payment of their demand :- Held, that a receiver, by way of equitable execution, could be appointed over the legacy. APPLICATION for an order to appoint J. Harley and W. Kew'. mick, the defendants in the action, receivers by way of equitable execution over a legacy to which the plaintiff was entitled under the will of Anne 31`1\Tulty, deceased, on the ground that the said plaintiff had disobeyed an order of the Probate Court, ordering her to pay the applicants the sum of 253, their costs of the action. There was an application in the alternative to attach the legacy. The defendants were executors of the will of the testatrix and had obtained a judgment for costs against the plaintiff in the action. The costs had been taxed to a sum of 253, and were still due to the defendants. The plaintiff was entitled to a legacy of 50 under the will of the testatrix, which will was the subject of the action. The defendants in their affidavit stated that they had no other way of realizing any portion of their costs except through this legacy. Keenan, in support of the application. THE PRESIDENT : May 5. In this action the defendants, executors of the testatrix, obÂÂtained a judgment for costs against the plaintiff. The costs have been taxed to 253, and are due to the defendants. The plaintiff is entitled to a legacy of 50 under the will, the 212 392 LAW REPORTS (I RELA ND). [L. R. I. Probate. subject of this action, and the defendants have sworn that except 1893. through this legacy they have not any means of obtaining payment...