An executor, after payment of all the debts of which he had notice, invested certain parts of the residue of the testator’s personal estate remaining in his hands, in the funds in his own name, received the dividends, arid paid them over to the legatees in satisfaction of their legacies given by the will :-Held, that under these circumstances, the executor could not sustain a plea of plene acministravit to an action brought against him, 15 years after the testator’s death, for a specialty debt of the testator, of which he had had no notice. Where A, being seised in fee, leased premises to E for 61 years, and afterwards granted a lease to C of the same premises, to commence at the expiration of the 61 years :–Held, that, by the lease to C, A did not part with his reversion, so as to disentitle him to distrain for rent due from E, under his lease.
[1837] EngR 284, (1837) 2 M and W 684, (1837) 150 ER 931
Commonlii
England and Wales
Wills and Probate, Landlord and Tenant
Updated: 22 January 2022; Ref: scu.313401
