References: [1862] EngR 779, (1862) 31 Beav 349, (1862) 54 ER 1173
Links: Commonlii
An executor, under a bona fide belief that on the true construction of the will they were entitled thereto, sold out stock, retained one-third and paid two-thirds to the co-executors. It having been declared in the suit that the next of kin were entitled to this fund, and that the executor was bound to restore it : Held, that he was only liable to pay interest on the one-third retained by himself.
This case cites:
- See Also – Saltmarsh -v- Barrett CA ([1861] EngR 521, Commonlii, (1861) 29 Beav 474, (1861) 54 ER 711)
A testator gave legacies of nineteen guineas to each of his executors, and he bequesthed his residue to the m ‘absolutely’, charged with certain legacies. He also charged them to deduct their costs, charges and expenses out of any part of his . .
