The English Reports Volume 4; V. 43
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...will be dealt with. At present, the case I think stands in such a position as that the solicitor, the alleged creditor, is entitled to call on the executors to go into the merits. The Lord Justice Turner. I entirely concur in what has been said. Assuming the proceedings upon the commission to have been proper, and for the benefit of the lunatic, I think the solicitor employed therein has a right to sue in order to recover his costs of prosecuting those proceedings. I take it that the employment of a solicitor by the person issuing the commission, and the acceptance by the former of such employment, is on the faith of his 802 proper costs being paid out of the lunatic's estate. The solicitor accepting the employment accepts it subject to that condition, and looks to the estate for payment of his costs. Lord Hardwicke, in Barnesley v. Powell (Amb. 102) held, that the right which the committee has enures for the benefit of the solicitor. And the same learned Judge in the subsequent case of Ex parte Price (2 Ves. sen. 407), allowed a solicitor a lien for his cost upon a fund in Court belonging to the lunatic, that solicitor having been employed to take out the commission by a person who had become bankrupt. The decision also in Wentworth v. Tubb (1 Y. & C. C. C. 171) supports the Plaintiffs claim. I think, therefore, there can be no doubt, that the solicitor has this right. The Lord Justice Knight Bruce. We think that the Master of the Rolls has jurisdiction to enter into the question of debt in the suit. 803 Lord V. Wightwick. Before the Lords Justices. Nov. 22, 23, Dec. 22, 1853. S. C. 2 Eq. Rep. 349; 23 L. J. Ch. 235. A testator, entitled to realty and personalty, including a leasehold colliery, gave his general residuary estate to...
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