In re Terry (nee Priston) [1963] JJ 335 (20 November 1963)

If executor is remunerated, he is precluded from customary entitlement to income for year and day; such income is administered as part of residuary estate.

Citation: [1963] JJ 335
Parties: Testator: Terry (nee Priston); Executor: Executor
Jurisdiction: Jersey
Judgment Date: 20 November 1963
Procedural Posture: Succession / Judgment
Outcome: Executor not entitled to income for year and day if remunerated; income forms part of residuary estate.
Legal Topics: Executor's Annee De Jouissance, Entitlement to Income, Remuneration of Executor

Succession Wills Executor's Annee De Jouissance Entitlement to Income Remuneration of Executor

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Parties

Terry (nee Priston)

Testator

Executor

Procedural Posture

Succession / Judgment

Legal Issues

1 Whether executor is entitled to income from personal estate for year and day following testator's death if remunerated

Ratio Decidendi

If executor is remunerated, he is precluded from customary entitlement to income for year and day; such income is administered as part of residuary estate.

Court Disposition

Executor not entitled to income for year and day if remunerated; income forms part of residuary estate.