Spendlove Daughter of Charles Spendlove, And Mary His Wife, Who Was Sister of John Lambert Deceased v John Aldrich And Mary His Wife, Henry Capps, Samuel Hartly, Samuel Wade And John Wade: 1790

If a man makes two persons his executors and residuary legatees and dies, and then one of the executors becomes a bankrupt, a legatee under the wilt is intitled to recover front the other out of any part of the testator’s estate in his hands what remains due of his legacy, notwithstanding he had received interest upon it from the bankrupt for several years after it became payable, if the bankrupt would not during that time pay the principal, particularly if he were an infant during that time.

Citations:

[1790] EngR 1186, (1790) 2 Ld Raym 1320, (1790) 92 ER 362

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate, Insolvency

Updated: 22 November 2022; Ref: scu.364239