Page images
PDF
EPUB

Notice to Trustees of Assignment.

"To the Reverend Francis Ashworth and Alfred Clift, Esq. (trustees of the will of Martin Oliver, late of

ceased).

de

"I hereby give you notice, that by indenture dated the day of between Edwin Dermer, of county of

1872, made Road, in the

of one part, and of of the other part, it is witnessed, that for the consideration therein expressed, the said Edwin Dermer assigned to the said absolutely, all that the sum of £2,425 Consols, part of a sum of £4,850 £3 per cent. Consolidated Annuities, now standing in your joint names as trustees of the will of Martin Oliver, Esquire, in the books of the Governor and Company of the Bank of England, or other the stocks, funds, or securities, into or in which the said sum of £4,850 Consols, or the produce thereof, or any part thereof, may be converted or invested under the power for that purpose contained in the said will of the said Martin Oliver, and the dividends and income of such sum of £2,425, or other securities for the same, after the decease of Sarah Sanby (the sister of the said testator), and to which said moiety of stock, and the dividends and annual income thereof, the said Edwin Dermer is now entitled in reversion (subject only to the life interest of Mrs. Sarah Sanby, and expectant on her decease), To hold the same unto the said

his executors, administrators, and assigns, absolutely.

"I shall be obliged by your acknowledging the receipt of this notice, and am

"Your obedient servant,

"A B

"(Date and residence.)"

"Solicitor for the said "(purchaser.)

ABSTRACT No. 22.

(Life Policy.)

Observations.

In the case of this policy it appears that a claim is made for the payment of the sum assured not only by the executrix of the will of Mr. Shapland, the mortgagee of the policy, but also by Messrs. M- & O- the solicitors acting for Mrs. Wrayson, the administratrix of the estate of the assured.

On the part of the assurance company,

1. It must be ascertained by statutory declaration that the Rev. Tobias Wrayson, who in the policy is described as of Hastings, is the same person as the Tobias Wrayson who is described in the deed of 3rd November, 1866, as of and who died at on the 29th

day of July, 1884.

2. It must be ascertained by search that neither the Reverend Tobias Wrayson or Mr. Arthur Shapland or his widow have ever been bankrupt, or taken the benefit of any of the Insolvent Debtors Acts.

3. It appears that Mrs. Louisa Shapland is in possession of the policy, and therefore, under

the mortgage of 3rd November, 1866, she can give the company a discharge for the claim..

4. With reference, however, to the letter of Messrs. M & O, it will be proper to write to those gentlemen intimating that the claim will be paid to the executrix of the mortgagee on a certain day (say a week after the claim shall have become actually due and payable), unless they shall in the meantime show sufficient cause to the contrary. If no answer is received to this communication, it will be requisite to preserve evidence of the delivery of such letter to Messrs. M- & O

5. The mortgage of 3rd November, 1866, and the policy, with certificate of Mr. Wrayson's death, should be handed to the assurance company.

6. The probate of the will of Mr. Shapland should be inspected; and it must be ascertained that the probate stamp is of sufficient amount to cover the sum assured and the bonus now payable on the policy.

ABSTRACT No. 23.

(Abstract of the Title of Mrs. Caroline Holcombe to a Policy of Assurance.)

Observations.

(Policy No. 2,462.)

Claim, Jasper Holcombe.

This Policy (No. 2,462), effected by Mr. Holcombe on his own life, was deposited by him in 1868 with Messrs. A

C.

B- and

T

Company, bankers, by way of security for the repayment of a loan, and an account current with them, and interest and bankers' charges.

The assured, by his will (dated in 1870), bequeathed all his personal estate to his wife, and appointed her sole executrix. She proved the will in March, 1882.

The probate of the will of Mr. Holcombe must be produced, and it must be ascertained that the amount of probate duty paid is of sufficient amount to cover the sum payable under the policy; subject to the payment of all principal and interest moneys which may be due to Messrs. A B- and Company (who hold the policy), on their memorandum of deposit, the amount of the claim on this policy would become payable to the executrix of the will of the assured.

From the abstract it appears that an action has been commenced in the Chancery Division by a creditor of Mr. Jasper Holcombe for the administration of his estate under the direction of the Court.

The decree abstracted appears to be the ordinary decree in common form, directing the usual accounts to be taken, and that the personal estate of the testator should be applied by the executrix in a due course of administration.

An office copy of the decree should be furnished and compared with the abstract.

If the decree be simply in the common form, the amount of the claim may (with the written consent and authority of Messrs. A B and Company) be paid to Mrs. Holcombe, the executrix of the assured.

It must be ascertained by search that Mr. Jasper Holcombe (the assured) did not become

a bankrupt, or take the benefit of any of the Insolvent Debtors Acts.

The policy must be given up; if the full amount due to the bankers be satisfied, the memorandum of deposit should be handed to the insurance office, with the policy, or an endorsement made on the memorandum of deposit of the payment of the claim, and a separate undertaking to produce the security to the office.

« PreviousContinue »