Newton Bankrupt and Will Restrictions: At Exeter County Court, before his Honour Judge Terrell, yesterday, Mr. McGahey mentioned an application by Wm. Henry Pinsent, of Newton Abbot, for his discharge from bankruptcy. He stated the application was adjourned from a previous Court to enable proceedings to be taken in the High Court for the annulment of a clause in the will of the bankrupt’s father, which stated if debtor became a bankrupt, there would be forfeiture of his inheritance. Mr. Woolcoombe, for the bankrupt, stated that the case had taken to the High-Court with view to giving the parties an opportunity to get an annulment of the bankruptcy, Mr. Justice Laurence, stating that the result would Influence his mind in making any order respect to the clause referred to. Mr. McGahey said the bankruptcy was known to the testator, as the latter himself employed the solicitor, and it took (place) seven years before the will was made. His Honour said that if the clause did not involve forfeiture and the bankrupt had enough to pay everybody. Mr. McGahey said, whatever happened he was of opinion there was forfeiture in the case. Mr. and Mrs. Pinsent were anxious that all creditors in connection with the bankruptcy should be paid in full. The Receiver (Mr. A. Harold Ward) said the matter of annulment the clause had been referred to the High Court, and he thought it would be better, in connexion with the bankruptcy proceedings, if Mr. Justice Lawrence gave a decision relating to the annulment of the clause referred to him. His Honour and the solicitors concerned expressed the same opinion, and the matter was again adjourned pending the result of the proceedings in the High Court.
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Referenced
GRO0695 Devonport: Minnie Gertrude Pinsent: 1872 – 1937
GRO0897 Devonport: William Henry Pinsent: 1874 – 1949