Reports of Cases in Chancery, Argued And Determined in the Rolls ..., volume 20

Cover Reports of Cases in Chancery, Argued And Determined in the Rolls ..., volume 20
Reports of Cases in Chancery, Argued And Determined in the Rolls ..., volume 20
Charles Beavan, Baron Henry Bickersteth Langdale, Baron John Romilly Romilly, Chaloner William Chute
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Lister thought that the vessel would be able to pay both charges, but whether this was so or not, all that occurs is, the intro- duction of the two entries in the books of the bank, which entries I consider as wholly inoperative for any purpose, except to shew the object for which Lister wanted and took the moneys. The facts I consider to be, in effect, nothing more than this: — that Zu^er ad- vanced the money of the bank, in his own person as agent, to Fletcher, and took an assignment of the s...hip to himself, in his name of executor, to secure these advances, in addition to the prior mortgage to the tes- tatrix. But even regarding it as a bond fide advance by Digitized by Google CASES IN CHANCERY.
371 by the bank to the executor, for the parpose for which it was applied, it could Dot, in my opinion, be allowed to the bank against the assets of the testatrix. As an advance to the executor of the testatrix, it might bind her assets, if it had been properly and beneficially ap- plied for the purposes of her estate, that is, if the cestuis que trust had had the benefit of it.


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