Reference
Z210/87
Title
'Case ex parte E Ellis Executor of A Stevens'
By deed of 19 April 1848 made between Richard Stevens and William Sayer, 2 adjoining properties - Cavendish House and Cavendish Square - in Markyate Street, Bedfordshire, were mortgaged to William Sayer for 400
Transfer of 30 April 1873
i) George Pocock
ii) Annie Stevens, widow
iii) William Derbyshire, gentleman - said mortgage debt and security for same were transferred to iii). Messrs Thompson and Groom, 3, Raymond Buildings, were concerned for ii) - the owner of the equity of redemption - and iii) they being brother and sister. Messrs T and G received the deeds from iii) to hold for him.
Mr Derbyshire died on 2 December 1876, a bachelor and intestate, and T. and G. took out letters of administration for ii), dated 8 August 1877, but received no instructions about the mortgage deeds. Mrs Stevens remained in possession of the property.
Mrs Stevens died on 19 April 1878 and appointed Mr Edward Ellis as her sole executor. Cavendish Square (worth c.250) devised to godson, John Hawes, an infant. Other part (worth c. 500) and a copyhold meadow, not in mortgage (worth c. 150) and all other her property not disposed off, to Edward Ellis, in trust for sale. After paying legacies of 328, residue to her nephew, the Rev Henry Stevens. Messrs T and G declined to hand over deeds to Mr Derbyshire's mortgage and considered that Mr Ellis should take out Letters of Administration de bonis non of Mr Derbyshire's estate. No accounts of Mr Derbyshire's estate have been passed at Somerset House. No papers relating to the copyhold meadow have been found.
Mr Ellis has been requested by the Rev H Stevens to defer the sale as Mr Stevens espects to pay off the legacies and take the property assigned to him.
Messrs T and G only desire to be satisfied that Mrs Stevens' executor can give a valid discharge for the deeds. They admit that Mr Derbyshire's estate was sworn under 450 purposely to cover mortgage debt of 400.
With Counsel's opinion. Mortgage is a valid subsisting mortgage. Mrs Stevens held money secured by said mortgage etc in trust for Mr Derbyshire's next of kin at his death. Now, on Mrs Stevens death, the next of kin are entitled to have debt paid off and Mrs Stevens' estate distributed among them. So should be one of next of kin who takes out Letters of Administration to Mr Derbyshire's estate. P resumes that legal estate in fee is now vested in heir at law of Mr Derbyshire. As soon as mortgage is paid up property should be reconveyed to trustee for sale of Mrs Stevens' will. J Hawes and the Rev H Stevens take the property charged with a proportion of the mortgage debt.
R L Snape, Lincoln's Inn 4 June 1878
With note informing Counsel that Mrs Stevens was the only next of kin of Mr Derbyshire. Question is whether Mr Hawes should pay any contribution and was there a merger of the mortgage debt in Mrs Stevens she being creditor and debtor at the same time?
[Mr Cutteridge], Dunstable 26 June 1878
Further opinion. Did Mrs Stevens, by any word or conduct show that she assented to take the Mr Derbyshire's residue in her character as next of kin?. If not then Letters of Administration of his estate, left unadministered, must be taken out. Does not appear that she showed any such assent. So her executor must take such administration. Duty and and costs are to be paid out of Mr Derbyshire's residuary estate. Mr Hawes takes his share of the property subject to a proper proportion of the mortgage debt, but he is not liable to contribute to the expenses 'of administering to the Intestate'
R L Snape
Date free text
4 July 1878
Production date
From: 1878 To: 1878
Exent
No. of pieces: 1
Level of description
item