Darling v. Brown

Darling v. Brown

The Court held that under Civil Code Art. 913 joint executors are liable only for the property they took into possession in their joint capacity, so the larger balance shown in the firm's books was the responsibility of William Darling Jun. alone; regular merchant book entries and annual accountings constituted proof of the debt; the claim against executors is subject to the long prescription (30 years) and, absent proof of a higher interest rate realized, interest awarded to legatees must be reduced from 7% to 6% and run from the date of demand (11 August 1871).

Citation
(1877) 2 SCR 26
Parties
Appellants (executors of the Will of William Darling): William Darling and others; Respondents (executors/trustees Under the Will of George Templeton, Representing Legatee Isabella Darling): Robert Brown and others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 June 1877
Procedural Posture
Civil Appeal Concerning Estates and Executors' Account (débat De Compte) / Appeal to Supreme Court of Canada From Court of Queen's Bench (quebec) (appeal Side) and Superior Court Judgment Review
Outcome
Appeal dismissed with costs; lower court judgment confirmed subject to modifications regarding executors' joint liability and interest
Legal Topics
Executor Liability, Joint and Several Liability, Débat De Compte (accounting), Interest on Estate Funds, Merchant Books as Evidence, Prescription Periods
Source Language
English
Estates Succession Trusts and Executors Civil Procedure Evidence Prescription (limitation) Executor Liability Joint and Several Liability +4 more

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Parties

William Darling and others

Appellants (executors of the Will of William Darling)

Robert Brown and others

Respondents (executors/trustees Under the Will of George Templeton, Representing Legatee Isabella Darling)

Procedural Posture

Civil Appeal Concerning Estates and Executors' Account (débat De Compte) / Appeal to Supreme Court of Canada From Court of Queen's Bench (quebec) (appeal Side) and Superior Court Judgment Review

Legal Issues

  1. 1 Whether the firm or William Darling Jun. owed the estate a sum shown in firm books
  2. 2 Whether executors are liable in the action for sums they did not personally receive
  3. 3 Whether respondents could rely on firm indebtedness and merchant book entries against executors

Ratio Decidendi

The Court held that under Civil Code Art. 913 joint executors are liable only for the property they took into possession in their joint capacity, so the larger balance shown in the firm's books was the responsibility of William Darling Jun. alone; regular merchant book entries and annual accountings constituted proof of the debt; the claim against executors is subject to the long prescription (30 years) and, absent proof of a higher interest rate realized, interest awarded to legatees must be reduced from 7% to 6% and run from the date of demand (11 August 1871).

Court Disposition

Appeal dismissed with costs; lower court judgment confirmed subject to modifications regarding executors' joint liability and interest

Orders

  • Judgment of Superior Court and Court of Queen's Bench confirmed except as modified by Supreme Court
  • Executors are not jointly and severally liable for the whole balance; each is liable only for the share of property they took possession of in their joint capacity (per Civil Code Art. 913)