HN10/372/Adams3

Copy case for opinion in the matter of the estate of John James Reynal, deceased sent to W.R. Sheldon of Lincolns Inn, solicitor: Recited case: - John James Reynal Adams of Hockliffe, farmer died 30th Jun 1909 and his will was proved 7th Aug 1909. - Will of JJRA at HN10/372/Adams1 - Day previous to the death of JJRA, part of Clipstone Farm was sold for 4373/3/6 and his trustees sold the remainder of the farm shortly after his death. The Farm was subject to a mortgage of 3802 owed to a Mr Wetherall. (See Wetherall mortgage at HN10/372/Adams) - Purchase money from the sale of JJRA's estates prior and subsequent to his death satisfied the Wetherall Mortgage and a mortgage dated 8th Apr 1905 called the Downes Mortgage (See HN10/372/Adams) - JJRA mortgaged certain other real estate to Colonel Downes for 3800 and gave a second charge to him over the Clipstone Farm. - It is contended that 4373/3/6 representing the property sold a day prior to the death of JJRA was proceeds of converted real estates and was therefore passed by his will to Sarah Ann Mann as personal estate. Council asked to advise: - Should 4373/3/6 be treated as personal estate passing under the testators will or should it bear any part of Wetherall's and Downe's mortgage monies? If so how much? - If it should be part of the mortgage then the Trustees would not have had enough to pay Sarah Ann Mann 4373/3/6, therefore, ought the executors to raise by way of mortgage on the real estate the amount payable to her or give her a charge thereon? Opinion: Opinion by W.R. Sheldon states that personal estate (being the net proceeds of sale of the incumbrances on the real estate) has been passed 'Wetheralls mortgage ought therefore in my opinion be apportioned rateable according to the values of the unsold and sold parts of the Clipstone Estate, and out of the proceeds of sale of the property contracted to be sold before the testators death it's due proportion of the mortgage ought to be paid'. However, Mr. Sheldon believes that the charges made on the personal and real estates should be decided by court and the executors ought not take the responsibility of deciding the question themselves.

1 May 1912

From: 1912 To: 1912

item

Sheldon, W.R.,
Wetherall,
Downes, Charles Villiers Somerville,
Mann, Sarah Ann

W.R. Sheldon, John James Reynal will: Adams, Eggington Clipstone Farm, mortgages, case notes, Lincolns Inn, EGGINGTON, HOCKLIFFE