References: (1839) My and Cr 442, [1839] EngR 1099, (1839) 4 My and Cr 442, (1839) 41 ER 171
Links: Commonlii
Coram: Cottenham LC
Ratio: B died having made a will leaving a fund to pay income to A who owed her money but had been made bankrupt before the death. The debt to B remained unpaid.
Held: The liability to pay the debt and the right to receive the legacy had never tested in the same person, and therefore B’s executors remained liable to pay the income as set out in the will.
Jurisdiction: England and Wales
This case cites:
- Appeal From – Cherry v Boultbee CA (, Commonlii, [1838] EngR 541, (1838) 2 Keen 319, (1838) 48 ER 651 (B))
TB was indebted to CB, his sister, in the sum of andpound;1878. He became bankrupt, and shortly after his bankruptcy C B made her will, giving legacies of andpound;500 and andpound;2,000 to her executors, in trust to pay the interest thereof (as to . .
(This list may be incomplete)
This case is cited by:
- Cited – In re Melton, Milk v Towers CA ([1918] 1 Ch 37)
In 1901 Richard Melton and another guaranteed to a Bank his son Arthur’s debts up to andpound;500. Richard died survived by his widow, Arthur and three daughters, giving his real estate to his widow for her life, with remainder to his four children . . - Explained – In re SSSL Realisations (2002) Ltd and Another; Squires and others v AIG Europe (UK) Ltd and Another CA (Bailii, [2006] EWCA Civ 7, Times 20-Jan-06, [2006] BPIR 457, [2006] Ch 610, [2007] 1 BCLC 29, [2006] 2 WLR 1369, [2006] WTLR 705, [2006] BCC 233)
A creditor claiming an equity in a debt but who himself owed money to the debtor, could not pursue his claim without first contributing the sum due. A person could not take an aliquot share out of a fund without first contributing what he owed to . . - Explained – In Re Peruvian Railway Construction Co Ltd ([1915] 2 Ch 144)
William Alt died insolvent in 1908. His estate included shares in the company, which went into voluntary liquidation in 1914. Alt owed the company andpound;2,633.
Held: In the distribution of the company’s surplus assets the liquidator could . . - Explained – Brazzill and Others v Willoughby and Others CA (Bailii, [2010] EWCA Civ 561, [2010] WLR (D) 140, WLRD)
The regulated bank Kaupthing Singer and Friedlander Ltd (KSF) was in financial difficulties. The Bank of England required KSF to credit to a trust account all future deposits. KSF later went into insolvency. Some deposits had been credited to the . . - Considered – Mills and Others v HSBC Trustee (CI) Ltd and Others ChD (Bailii, [2009] EWHC 3377 (Ch))
. . - Restated – In re Akerman ChD ([1891] 3 Ch 212)
The court was asked whether in the division of the testator’s residuary estate three of the testator’s seven children had to bring into account statute-barred debts due to the estate.
Held: They were bound to bring them into account. Kekewich . . - Applied – In Re Rhodesia Goldfields Ltd ChD ([1910] 1 Ch 239)
Partridge, a director of the company who held some of its debenture stock, was facing a serious misfeasance claim which had not yet been resolved. Set-off was therefore not available.
Held: Payment of what was due to Partridge and his . . - Applied – Picken v Lord Balfour of Burleigh CA ([1945] Ch 90)
The rules of a pension scheme set up by a railway company provided for members’ contributions to be deducted from their salary, but in practice the deductions made had been less than they should have been.
Held: The rule in Cherry v Boultbee . . - Cited – LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others SC (Bailii, [2017] UKSC 38, Bailii Summary, [2017] 2 BCLC 149, [2017] 2 WLR 1497, [2017] BCC 235, [2018] AC 465, UKSC 2015/0138, SC, SC Summary, SC Summary Video)
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus.
Held: The . . - Cited – LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others SC (Bailii, [2017] UKSC 38, Bailii Summary, [2017] 2 BCLC 149, [2017] 2 WLR 1497, [2017] BCC 235, [2018] AC 465, UKSC 2015/0138, SC, SC Summary, SC Summary Video)
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus.
Held: The . .
(This list may be incomplete)
Last Update: 27 September 2019
Ref: 238732
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