Inhaltsangabe
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. 1852 edition. Excerpt: ...that might have bound the plaintifl; but he has not done so. This administrator stands in the character of trustee, and has no right to object, merely for his own advantage. If this bill should be dismissed the defendant would not be discharged, but on the death of Lord Elibank the right would survive, and she might file a new bill. It is not like a release. If a proper settlement has not been made, there must be a proposal laid before the Court, as in Worrall v. Marlar. That must be made by the husband, not by Montolieu, who has no more right than any other creditor. Loan Cnascsr.r.oa Louonsoaoecu.--The only diflieulty I had in this cause was upon the form of the suit: whether a married woman, by her next friend, could be the plaintiff in this court. With respect to the point made by the answer of Montolieu, that he had a right to retain against the debt of the husband, being possessed of the fund as administrator, and the wife being one of the next of kin, I am very clearly of opinion the defendant had no right to retain.' The administrator is trustee for the next of kin: the plaintiff being one of them, if she has any equity against her husband with regard to this money, that equity will clearly bar any right of retainer he can set up to the property, of which he became administrator. With respect to the only difliculty I had upon the point of form, if she is entitled, and there is no way of asserting her right against her husband, except by a bill, that objection, I think, does not weigh much. If the titfendant Montolieu had done what would have been the natural thing and the right thing, and what he certainly would have done but for his own interest, he would have been the plaintiff, desiring the Court to dispose of the fund,...
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