George Attenborough & Son v Solomon [1912] UKHL 4 (19 November 1912)

George Attenborough & Son v Solomon [1912] UKHL 4 (19 November 1912)

Once the executors had assented to the trusts of the will, the property in the chattels vested in the trustees, and the executor's title ceased; therefore, the pledge by the executor was invalid and conveyed no rights to the pawnbroker against the trustees.

Source-derived case information.

Citation
[1912] UKHL 4
Parties
Appellant: George Attenborough & Son; Respondent: Solomon and Another
Jurisdiction
United Kingdom
Judgment Date
19 November 1912
Procedural Posture
Civil Appeal / Final Appeal Before House of Lords
Outcome
appeal dismissed
Legal Topics
Executor's Powers, Assent to Trust Property, Validity of Pledge by Executor, Conversion of Property Rights
Trusts and Estates Property Law Executor's Powers Assent to Trust Property Validity of Pledge by Executor Conversion of Property Rights

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Parties

George Attenborough & Son

Appellant

Solomon and Another

Respondent

Procedural Posture

Civil Appeal / Final Appeal Before House of Lords

Legal Issues

  1. 1 Whether an executor who has assented to the trusts of a will can validly pledge estate property as executor
  2. 2 Whether the pawnbroker acquired any title to the chattels pledged by the executor after such assent

Ratio Decidendi

Once the executors had assented to the trusts of the will, the property in the chattels vested in the trustees, and the executor's title ceased; therefore, the pledge by the executor was invalid and conveyed no rights to the pawnbroker against the trustees.

Court Disposition

appeal dismissed

Orders

  • Appellants to pay costs
  • Respondents entitled to recover the chattels