A creditor of the deceased’s estate could enforce a cause of action vested in an estate which the executors were not willing to enforce.
Citations:
(1841) 4 Beav 158
Jurisdiction:
England and Wales
Cited by:
Cited – Roberts v Gill and Co and Another CA 15-Jul-2008
The claimant sought damages in negligence against solicitors who had advised the executors in an estate of which he was a beneficiary. He now sought to amend his claim to make a claim in his personal and in derivative capacities. Sums had been paid . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Wills and Probate
Updated: 10 May 2022; Ref: scu.279799