Residuary legatees brought suit against the estate executors and a surviving partner of the testator for an account. It was argued that there were no special circumstances justifying the action by legatees.
Held: Collusion between the executor and the partner was not an essential condition of such a claim.
Judges:
Sir John Leach MR
Citations:
[1830] EngR 401, (1830) 1 Russ and My 277, (1830) 39 ER 107
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 04 August 2022; Ref: scu.321281