BHD78/13

Copy case for opinion of council on estate of J.J.T.Stevens: - enclosing BH/2/78/10; - widow was still living and unmarried, his only child, a daughter had just become 21; - widow and daughter wanted the estate wound up and the property vested in them possibly as joint tenants during the life of the widow, remainder to the daughter in fee; - both trustees were living but one had been adjudicated bankrupt three or four years earlier and was indebted to the Stevens estate for £120 - the principal and interest then amounting to £190; - could the daughter's interest be vested on the death of the testator or had it to wait until the death or remarriage of the widow; - part of the real estate was freehold, part copyhold, which part previous to the admission of the testator in 1854 had been taken for inclosure but the award was not made until 1860, shortly before the testator's death, allotting him 133a 3r 26p for free and copyhold but not distinguishing between the two; - the trustees had not been admitted despite a good deal of negotiation with the Manor - ultimately resulting in the matter being allowed to stand until the daughter became 21; - opinion sought on: (a) power of widow and daughter to require the estate to be wound up, an account made and the land to be conveyed or assignee to them; (b) rights of widow and daughter in respect of the money in the hands of the bankrupt trustee and the best course to take? (c) if counsel did not agree with winding up the trust estate what would be the best course of action to pursue to settle the copyhold question? Opinion: 1. The widow and daughter had the right to require the trust estate to be wound up, account rendered and the real estate conveyed and transferred to them providing the testator's debts had been fully satisfied. 2. Counsel was unable to advise on the bankrupt trustee without evidence as to how the £120 debt was acquired - if part of personal estate of the testator the solvent trustee had a duty to pay it off, if bequeathed in another will the provisions of that will would rule the decision; 3. Counsel felt it was not clear as to whether trustees had been admitted to any copyhold estate devised in the will - if they were, widow and daughter would require a surrender but if they had not been admitted the case would be more difficult "for if the Trustees did not refuse to be admitted & the Fines are arbitrary a considerable sum would be payable on the admittance of the Trustees. The only mode of avoiding this would be to prevail upon the Lord if possible to admit Mrs. or Miss Stevens at a single fine but this he might refuse to do". 4. Unless the inclosure act provided that copyhold lands allotted should be copyhold tenure the whole of the allotments would be freehold and pass as part of the testator's freehold estates.

1877

From: 1854 To: 1877

item

Stevens, Elizabeth,
Stevens, John James Theophilus,
Johnson, Thomas Coates

Eaton Bray Manor, Eaton Bray Farm, case notes, bankruptcy, EATON BRAY