Thursday, October 28, 2010

'From a 1934 Liverpool newspaper'

From the 'Liverpool Post and Mercury,' dated Thursday, July 19, 1934

FORMER LIVERPOOL SHIPBROKER'S MONEY- EXECUTORS' APPEAL SUCCEEDS
The Court of Appeal, consisting of the Master of the Rolls and Lords Justices Romer and Maugham, yesterday heard an appeal by Mr. Hugh Teesdale, Little Bookham, Surrey, and Archdeacon Henry Thomas Dixon, of the Rectory, Church Stretton, Shropshire, the executors of the late Joseph William Hort Lyne, a retired Liverpool shipbroker, who died in 1932, leaving estate valued at over 」95,000.
As his executors, the appellants had brought an action against his widow, Mrs. Elizabeth Annie Lyne, a lady of eighty-five, stated to be living at the Old Rectory, Church Stretton, to have it decided whether the widow or the executors were entitled to a sum of 」12,500 which, at the death of Mrs. Lyne's husband, was standing in the joint names of Mr. and Mrs. Lyne at two banks.
Sir Gerald Hirst, K.C., for the executors, said whatever hapened the widow would not be prejudiced. The importance of the case was in respect of the ultimate destination of the money in question. By the judgement appealed against, Mr. Justice Bennett held that the widow was entitled to the sum in question.
Mr. Vaisey, K.C., submitted that there was a presumption of law that the payment into the joint account was for the advancement of the widow. That presumption might be rebutted if it were found that the payment to the joint account was made for convenience. Here the circumstances negatived the idea of convenience.
The Master of the Rolls, giving judgement, said that during the last eleven years of his life the testator had come to look on the joint account as his own. The facts of the case rebutted the presumption that money paid into the account was intended to benefit his wife after his own death. The appeal must be allowed.
Lords Justices Romer and Maugham concurred.

1 comment:

Unknown said...

Joseph William Hort Lyne was son of Joseph Lyne and Anabella Nicholson Hort. His wife, Elizabeth Anne Kenny - Lyne was daughter of William M Kenny and his wife Elizabeth. Joseph William Hort Lyne would have been my second cousin four times removed through his mother Annabella Nicholson Hort.