Reference
Z575/666
Title
Case under Mr Whitbread's will. Mr Whitbread directs that his real estates be sold and the money combined with his personal estate. His debts to be paid out of this fund. Recites codicils [details given]. At the time of his death, Mr Whitbread was a trader liable to the Bankrupt Laws. He did not leave enough personal estate to pay his debts. Are the three creditors (codicil 10) entitled to payment from the sale of the real estate, or is the money from the sale of the real estate to be used to pay debts generally, thus conforming to clause 74 of the Act of 1807? Opinion: not a case within this Act. Does not appear to be anything in Statute to prevent 10th codicil from having its effect according to true intent and meaning of the testator. Signed: [Sir] A Piggott, Lincoln's Inn
Date free text
29 Apr 1816
Production date
From: 1816 To: 1816
Scope and Content
Codicils:
Codicil 7: Shefford Hardwick and all other estates purchased after the date of his will to be dealt with as his other real estate.
Codicil 8: If he dies before Shefford Hardwick is exchanged for part of his settled estate, he gives Shefford Hardwick to his executors in trust to sell or mortgage to raise the £25,000 needed to pay Messrs Barnard, his creditors for the purchase money for Shefford Hardwick. Subject thereto to his eldest son in fee. If exchange made in his lifetime, the exchange estate to be dealt with in the same way.
The exchange was not made.
Codicil 10: All his real estates to be charged with the payment of three debts (to Mr Sangster, Barnard & Co and Mr Waldegrave) until the whole principal and interest paid; thereafter for the payment of all his other debts for which his personal estate may be insufficient. All his personal estate to be sold and the money used to pay his debts.
Level of description
item