A Father’s Will: Sequel to a Newton Bankruptcy Heard at Exeter: the Exeter County Court yesterday, Mr. McGahey mentioned the bankruptcy of William Henry Pinsent of Newton for whom he appeared. It was a case in which there was a will by the father, containing a clause to the effect that there would be forfeiture by his son, William Henry Pinsent, of his inheritance under the will in the event of his bankruptcy. The question was whether the clause applied to an existing bankruptcy, which was within father’s knowledge when the will was made.
The case was referred to the High Court, but it was adjourned with a view to giving the parties an opportunity to get an annulment of the bankruptcy, Mr. Justice Lawrence remarking that that would influence his mind as to the order he would make.
Mr. McGahey yesterday said the bankruptcy was known to the testator, as he himself employed the solicitor, and it took place seven years before the will was made.
The Judge: If the clause does not involve forfeiture, the bankrupt has enough to pay everybody?
Mr. McGahey: Having gone into the authorities, we are of the opinion that whatever happens, there is forfeiture in this case. Mr. and Mrs. Pinsent are anxious that all the creditors should be paid in full. But even if there is annulment of the bankruptcy, it can only take place if his Honour were satisfied that everybody was paid in full. Still, as far as Pinsent was concerned, there was still a forfeiture. In answer to the Judge Mr. Woolcombe (for the Trustees of the will), said “the High Court Judge expressed no view on the point.
After further discussion between the Judge and the Official Receiver, Mr. McGahey agreed that it would be better to let the High Court decide whether there had been a forfeiture on not.
The Judge: I think it will be better. It must be decided one way the other. Then they can come back to me again.
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive
Referenced
GRO0897 Devonport: William Henry Pinsent: 1874 – 1949