The son of the deceased sought payment under a deed executed by the testator but not disclosed to his trustees who now refused to act upon it, saying it was a voluntary deed.
Held: The debt must be paid: ‘The rule against relief to volunteers cannot, I conceive, in a case like that before me, be stated higher than this, that a Court of Equity will not, in favour of a volunteer, give to a deed any effect beyond what the law will give to it. But if the author of the deed has subjected himself to a liability at law, and the legal liability comes regularly to be enforced in equity, as in the cases before referred to, the observation that the claimant is a volunteer is of no value in favour of those who represent the author of the deed. ‘ and ‘ Its being executory makes no difference, whether the party seeks to recover at law in the name of the trustee, or against the assets in this Court.’
Citations:
[1844] EWHC Ch J69, (1844) 4 Hare 67, 67 ER 564
Links:
Jurisdiction:
England and Wales
Wills and Probate, Equity
Updated: 30 June 2022; Ref: scu.245423
