De Mortuis Nil Nisi Bona Being a Series of Problems in Executorship Law and Accounts

Part 3

Chapter 33,772 wordsPublic domain

The Debts due by the deceased amounted to £1,720 0s. 0d., and the Funeral Expenses to £339 7s. 0d. These latter were considered unreasonable by the Inland Revenue Authorities, and in spite of several very eloquent appeals addressed to them by the Executors, including a touching letter from the Reverend Stephen Collins dealing with the blameless life of the deceased, the amount allowed was fixed at £33 16s. 0d.

The Testamentary Expenses, exclusive of Estate Duty, amounted to £186 13s. 0d.

* * * * *

What amount was eventually received by each Legatee?

PROBLEM No. 21.

Mr. and Mrs. Turvey were justly proud of their son "'Erbert." He was their only child, and always wore a Frock Coat, Brown Boots and White Spats on Sunday. In fact, as everyone said, he gave a tone to Bethnal Green.

But the ways of Providence are strange, and it is futile to seek for explanations where none are vouchsafed. It is enough to say that Mr. Herbert's anatomy came into violent contact with a brewer's dray one Thursday afternoon, and that a promising young life was cut short at the early age of 19.

His Life Story has yet to be written, and it is but the barest outline that can be here recorded.

At the age of 16 he made the acquaintance of Miss Harriett Hopkins. In the following spring he had successfully reached the "walking out" stage. He was formally engaged at the age of 17 and at 18 he was married. Six weeks before he died he made two very remunerative investments. He borrowed from his Employers--without worrying them about so small a matter--the sum of £6, which he converted into £600 by successfully backing "Hump Back" at 100 to 1 for the "Cesarewitch." He also insured his life for £100.

Having satisfactorily adjusted the small matter of the Loan without in any way arousing his Employers' suspicions, he joined a Burial Club, made a Will, and died ten days later.

By his Will he appointed his Widow sole Executrix, and divided his Estate as to one-fourth part to his father Oliver Turvey, as to one-sixth part to a former landlady Mrs. Korphdrop, and the residue to his Widow.

The Estate consisted of the following:--

Cash £564.

Insurance Policy, £100.

Burial Club Money £14.

Household Furniture and Effects £12.

The Funeral Expenses amounted to £12.

Mr. Herbert Turvey was buried on the third Thursday after Guy Fawkes' Day, and on the following Tuesday fortnight the Widow gave birth to a son. Both mother and child progressed amazingly and everybody called to visit Harriett, but chiefly to satisfy their curiosity as to the amount which she inherited.

* * * * *

Don't keep them waiting.

PROBLEM No. 22.

Mrs. George Dumpkins was very vexed that any Estate Duty at all should be payable, and when she was told that a Corrective Affidavit would have to be presented she threatened to change her Solicitors. As she very properly said she had sufficient troubles already without having to pay for more, and the Chancellor of the Exchequer, whoever he was, ought to be ashamed of himself for taxing Widows so scandalously.

She entirely disagreed with the opinion of her Solicitor as to the necessity of presenting this Corrective Affidavit, and insisted upon having Counsel's opinion on the matter. The following facts were therefore submitted to the learned gentleman:--

Mr. Dumpkins' Estate had been proved for Probate purposes at £71,000, but during the year after death the following Assets were realised and Liabilities settled, viz.:--

£18,000 3-1/2% India Stock valued for Probate at 94-7/8, realised 91-1/2.

Share in Ship valued at £4,000, realised £3,500.

Sundry Liabilities estimated for Probate at £8,000, were subsequently found to be £8,700. (This included £75 cost of bringing deceased's body from abroad.)

Stock-in-Trade valued at £10,250, realised £9,400.

£6,000 Mortgage Debentures valued at £7,500 were sold at par.

The opinion of Counsel was received in due course, and the Solicitor smiled.

* * * * *

By what amount was the Estate Duty increased or decreased? Ignore any adjustment in respect of Interest on Estate Duty.

PROBLEM No. 23

Mr. William Wiggins made all his money out of Pickles, and when he died his body was embalmed. To use the Widow's words, "'e 'opped it" on the 14th June, 1914.

He left his fortune to Mrs. Wiggins, his nephew Herbert Huggins (commonly known as 'Erb 'Uggins), and his cousin Joe Gubbins, in equal portions.

The Will was duly proved, Estate Duty at 9% was paid, and the interest on the Estate Duty amounting to £165 3s. 0d. was paid on the 14th November, 1914.

* * * * *

What was the value of the Net Legacy received by each Beneficiary? There was no Real Estate.

PROBLEM No. 24.

Mr. Justice Oats died in harness. He worked like a horse throughout his long career on the Bench, and was universally regarded as a thoroughbred sportsman. For nearly 25 years he had been a Judge of the Probate Division of the High Court of Justice, and like many others in a similar position, died intestate. Not that this was the intention of the learned Judge, for he had prepared a Will on the back of an envelope, but forgetting that even he was subject to the laws of the land, had entirely overlooked the necessity for signing it. He died, therefore, intestate.

His Net Estate, after the payment of the Estate Duty on the Personal Property, amounted to £68,570, of which the Real Property was valued at £24,200.

For many years the Judge had been a Widower, and his only child had died in infancy. His youngest brother, Alfred, was living, however, and he had a nephew, the son of his deceased brother Charles. The Judge had, in addition, three first cousins, one of whom was a lady who had thrice refused offers of marriage, the acceptance of any one of which would have made her Lady Oats. She was, however, a Quakeress, and her enemies hinted that she refused the Judge lest the combination of the name of her religious faith and her marriage name should bring upon her the nickname of "Lady Porridge."

* * * * *

How was the Judge's property divided?

PROBLEM No. 25.

The following letter was received by the Rev. Stephen Collins on the 22nd March, 1914:--

147, Eaton Avenue, W. 21st March, 1914.

My dear Mr. Collins,

As an old and much honoured friend of my late husband may I implore you to be with us at breakfast on Tuesday, the 1st April, at 9 a.m.?

My son Montgomery comes of age on that day and I feel that it would be a particularly appropriate occasion for his Vicar to say a few words on the seriousness of life, and the responsibilities of riches.

Perhaps you do not know that my husband left everything to me except £10,000 India 3-1/2% Stock which he bequeathed (in my opinion misguidedly) to our two boys, Montgomery and Algernon, in equal shares. At the date of the Colonel's death, six years ago, these were valued at 102, but now, alas, are worth no more than 90. The Income up to the 6th January last has been regularly handed over to the boys in accordance with their father's wishes, but on the 1st April, £5,000 of the Stock will have to be sold and handed over to Monty.

Mr. Crawley, my Solicitor, has promised to be present, and I have sent invitations to my Stockbroker, Professional Accountant, and the Bank Manager.

Do come, dear Mr. Collins,

And believe me to remain,

Yours very sincerely,

AUGUSTA MAWSTONE.

Note.--The breakfast was a great success. Everybody turned up and the Rev. Stephen Collins spoke for 47 minutes. The £5,000 Stock was sold at 90 net, and the necessary entries were made in the books of the Trust, showing the settlement of Montgomery's interest in the Estate.

* * * * *

What was it?

PROBLEM No. 26.

Sir John Hopper, Bart., died on the day set apart for the Feast of St. Valentine. He had been a Widower for some 12 years, and the age of his only daughter was 23.

The Family consisted of four Sons and one Daughter, whose names in order of age were:--

John Long, George Rhode, Oscar Truclod, Charles Grarze, Rose Marie.

Sir John died intestate, possessed of the following Estate:--

Net Residue of Personalty, £24,000.

Real Property:

Freehold Estate 4 miles outside Canterbury, Kent, £5,000. Delightful situation, 4 Reception Rooms, 8 Bed and Dressing Rooms, 2 Bathrooms, Modern Kitchen apartments, including Servants' Hall, usual Offices, Good Stabling and 4 Acres of Garden. Caretaker within.

Freehold Estate, 1 mile outside Guildford, Surrey, £8,000.

Freehold Estate in the City of Nottingham, £10,000.

* * * * *

Show how the Estate of Sir John Hopper will be divided.

PROBLEM No. 27.

Colonel Filbert, stepson to the late Sir Hazel Knut, paid a brief visit to the Brazils, and died on the voyage home on the 1st January, 1914.

He left a considerable Estate, and bequeathed many useful Legacies, all free of Duty, to deserving Relations and Friends. One of the provisions in his Will was to the effect that a sum of £5,300 should be placed on Deposit at the Bank to be paid over by instalments at regular intervals to his two Executors, John Bunting and Nathaniel Whittel, and was to be regarded by them as a Salary for their services.

Each was to receive a Starting Salary at the rate of £500 per annum, but whereas John Bunting's Salary was to be increased by £100 per annum, Nathaniel Whittel's Salary was to be increased by £25 half-yearly.

As soon as the £5,300 was exhausted the Salaries were to cease, and in the meanwhile the Interest on the Deposit was to be paid over to the General Estate.

The Salaries were to be drawn half-yearly, the first to be payable exactly six months from the date of Colonel Filbert's death.

* * * * *

Write up a Cash Account, showing how the Legacy of £5,300 was divided between the Executors.

PROBLEM No. 28.

Every Sportsman will admit that it is immoral to bet upon a certainty, and most business men will endorse the maxim that only fools speculate without inside information.

Now Mr. Hunter never gambled, but he was open, like most other men, to a sound speculation, and when he learned in his capacity of Clerk to a well-known Solicitor that Miss Rose Tulip had inherited a fortune of £60,000 odd, he naturally felt interested.

Many obstacles separated Mr. Hunter from the object of his choice, but he persevered, and on one particularly sunny afternoon he let loose a chance arrow with such well-directed aim that Miss Tulip's heart was forthwith pierced.

The Engagement caused some little flutter in the Dove Cot, and Lady Tulip, Miss Rose's widowed Mother, at once changed her Solicitors in spite of a promise on their part to decorate Mr. Hunter with the "Order of the Boot," a promise which was promptly converted into an accomplished fact.

Every effort was made to induce Miss Rose to reconsider her decision, but this only seemed to lead to further complications, for on the 14th July Mr. George Tulip announced his engagement to Mr. Hunter's only sister, Rebecca.

This was the last straw and the lamentations of the proud Tulip Family were only exceeded by the rejoicings of the Family Hunter.

The prospective Bridegrooms met and made all the necessary arrangements, and Mr. Hunter, who had had a legal training, drew up four simple Wills whereby each left to the Widow, or Widower, all the worldly goods of which he, or she, was possessed.

These documents were signed and witnessed, and four days later the double wedding was solemnized quietly at the Church of Saint Augustine.

After the ceremony Mr. and Mrs. Hunter and Mr. and Mrs. Tulip journeyed to Liverpool Street Station and caught the 2 o'clock train to Clacton, where the honeymoon was to be spent.

They arrived comfortably in time for tea, and Mr. Hunter insisted on treating the whole party to Winkles.

Now, whether it was the Winkles or whether it was the pins, is a matter upon which the two London Specialists who were called in failed to agree, but the fact remains that within a very short time of devouring the aforementioned delicacies, the whole party became alarmingly ill, and two days later Mr. Tulip and Mrs. Hunter died.

Mr. Tulip's Estate, which consisted entirely of Personalty, was valued for Probate at £8,420, and Mrs. Hunter's Estate, which consisted entirely of Realty, was valued at £72,422.

* * * * *

What Legacy and Succession Duty was payable on behalf of Mrs. Tulip, and by Mr. Hunter?

PROBLEM No. 29.

The Rev. Stephen Collins delivered a very moving address on Total Abstinence at the Mothers' Meeting on the 14th June, 1913, and three weeks later Mr. Gunter died.

Now some of the parishioners were inclined to connect the two events, particularly as Mrs. Gunter happened to form one of the band of Mothers on that memorable occasion, and was known to have given her husband Toast and Water for Supper on the following evening.

Be that as it may, it is an undoubted fact that Mr. Gunter, in a codicil to his Will, nominated the Rev. Stephen Collins in place of Mrs. Gunter as Life Tenant of the Income arising from the property of which he (Mr. Gunter) died possessed.

After the payment of all Duties, Debts and Expenses, this property consisted of Assets producing Income as follows:--

(1) £300 per annum, free of tax, payable quarterly on the usual quarter days.

(2) £160 per annum, free of tax, payable half-yearly, on the 30th June and 31st December.

(3) £140 per annum, free of tax, payable yearly, on the 29th September.

The Income was received regularly on the due dates and the Reverend Gentleman had given a formal receipt for everything due up to and including the 31st December, 1913.

On the 30th April, 1914, Stock No. 1 was sold cum. div. at a profit of £500, and the proceeds were re-invested in a security, the income from which was £320 per annum, free of tax, payable half-yearly on the 30th June and 31st December.

On the 20th June, 1914, Stock No. 2 was sold ex. div. at a loss of £100, and the proceeds were re-invested in a Stock ex. div. bringing in £140 per annum, free of tax, payable quarterly on the usual quarter days.

The Rev. Stephen Collins recognises that the Trustees are honourable men and that their intentions are worthy, but nevertheless he is anxious and wishes to be in a position to reassure Mrs. Collins as to the income which he will receive for the year ending 31st December, 1914.

It is interesting to note that Mr. Collins has now published the Address delivered at the Mothers' Meeting on the 14th June, 1913, trusting that the seed sown broadcast may find its way into fruitful soil.

PROBLEM No. 30.

A prosperous Solicitor usually occupies very dirty offices, and his furniture is mostly Mid-Victorian and rickety.

Mr. John Storalore was no exception to this rule and never seemed to object to such surroundings, but on the contrary always appeared to be surrounded by such objects.

He was sitting in his office one June afternoon and was dozing over some particularly dusty documents when his clerk announced Sir Pufferby Pawstone. Now Sir Pufferby was an important client who always had his hair cut and called on his Solicitor when he found himself with nothing better to do. It is not surprising, therefore, that Mr. Storalore should receive him with open arms and assume a very profound expression.

After the usual courtesies had been exchanged, and Lady Pawstone's health touched upon, Sir Pufferby announced that he desired to make a Will.

Mr. Storalore was all attention and took elaborate notes of Sir Pufferby's testamentary wishes, which were extensive and complicated. This done, Sir Pufferby begged Mr. Storalore to give him a brief and concise account of the steps which it is necessary for Executors and Trustees to take in the administration of the affairs of a deceased person from the moment of death up to the final distribution of the Residue.

* * * * *

Do not worry about what Mr. Storalore actually said to Sir Pufferby, for Sir Pufferby was an old woman, and Mr. Storalore knew his client, but say what he would have said to you in answer to such a question.

PROBLEM No. 31.

Mr. George Huggins died on the 31st October, 1913, and with the exception of a few legacies, bequeathed free of duty, he left the whole of his property to his Widow for life with remainder over to his friend Mr. Giblets, provided that gentleman outlived Mrs. Huggins.

Now this arrangement placed Mr. Giblets in an embarrassing predicament, especially as Mrs. Huggins' health improved so wonderfully after her husband's death.

It appeared to Mr. Giblets, therefore, that matrimony was the only safe solution of the difficulty, and so he went on his knees before the Widow. But the lady grasped the situation immediately, and declined the honour.

Friendship being thus early at an end Mr. Giblets resolved to worry the Widow, bearing in mind the saying that "Worry kills." So he set himself to quibble about every detail in the administration of the late Mr. Huggins' Estate, particularly as regards the apportionment of Revenue between Capital and Income. But the Widow would not worry, and wisely suggested to the Solicitors that all matters involving accounts should be left to some first-class Firm of Professional Accountants to settle.

This was done, and the following are the Cash Receipts and Payments made by the Trustees up to the 30th June, 1914.

* * * * *

What amount was paid to Mrs. Huggins on the 30th June, 1914?

_Receipts._

1913. £ s. d.

Oct. 3 Cash at Bank and in house 532 17 4 Nov. 5 Yorkshire Coal Co., dividends half-year ending 30th September, 1913, free of tax

1914. Jan. 5 Dividends on India Stock, less tax 47 1 8 " " 14 Sale of Investments 1,764 8 9 Feb. 8 Caledonian Railway Dividends, half-year ending 32 19 2 31st December, 1913 March 3 Sale of Furniture 243 6 8 " " 25 Quarter's Rent of Property to date, less tax at 16 1 10 1s. 2d. " " 31 North British Investment Trust Dividends, 6 70 0 0 months to date, free of Tax " 31 West Ham Gas Co., half-year's Debenture 47 1 8 Interest, less tax Apr. 5 Dividends on India Stock, less tax 47 1 8 June 15 Sale of Jewellery 32 5 0 " " 25 Quarter's Rent of Property 20 0 0

_Payments._

1913.

Nov. 7 Medical Attendance and Nursing fees 31 10 0 " " 25 Mrs. Huggins, on account 50 0 0 Dec. 31 Estate Duty 532 6 8 " " 31 Interest thereon 2 13 3

1914.

Jan. 16 Valuation fees 15 15 0 Feb. 1 Widow, further on account 50 0 0 " " 16 Funeral Expenses 31 10 0 March 25 Half-year's Ground Rent, due this day, less tax 4 18 11 " " 31 Debts due at death 73 6 8 Apr. 1 Widow, further on account 50 0 0 " " 30 Legacies 250 0 0 May 3 Duty thereon 20 0 0 " " 31 Executorship Expenses 5 6 8 June 1 Solicitor's Costs re Probate 32 6 8 " " 15 Mason's Expenses, restoring, &c, Tombstone 15 15 0 " " 30 Paid Widow Balance due to her.

PROBLEM No. 32.

Mr. Nathaniel Soworthy, a great breeder of prize pigs, had the misfortune to be knocked down one day by his favourite Berkshire Boar, and his head was cut open on the corner of the pig-sty. Notwithstanding the fact that Mr. Soworthy prided himself exceedingly on the extreme cleanliness of his pig-sties, where, as he was often heard to say, he would be quite ready to eat his own dinner, he discovered on that lamentable occasion what must have been the sole surviving microbe on the premises which, entering his circulation, set up blood poisoning with the result that he passed away a few days later, viz., at 6 p.m. on the evening of the 31st January, 1914.

Mr. Soworthy was a man of many hobbies, and in addition to his prize pigs he possessed a unique collection of silver salt-cellars reputed to be one of the finest in the country. This was valued for Probate at £5,000, while the pigs were estimated to be worth £2,500.

In addition he died possessed of the following property:--

£5,000 India 3% quoted at 75-3/8-7/8.

10,000 Ordinary Shares of £1 each in the Improved Pork Pie Factory, Ltd., valued at 25/- per share.

£4,000 Mortgage at 4-1/2% on the farm known as "Little Watchem," interest payable 30th September and 31st March, paid to 30th September, 1913.

Cash in the house, £15.

Cash at the Bank £355 on Current Account and £2,000 on deposit at 3%, interest payable 30th June and 31st December.

£5,000 Policy in the Live Stock Breeders' Mutual Assurance Society, upon which the Bonus at the date of death amounted to £190.

Household Goods, Horses, and Motor Car, £3,500.

Implements of Husbandry, £150.

The Freehold Estate, comprising Mansion House, Park, and Home Farm known as "The Piggeries," valued at £15,000, subject to a Mortgage of £10,000 at 4-1/2%, interest payable 30th November and 31st May, paid to 30th November, 1913.

He was also life tenant of Real Property producing £3,000 per annum, in respect of which there was income accrued due but not received prior to death amounting to £900.

By his Will he left the following bequests:

£1,000 in trust to the President for the time being of the Royal Society for the Propagation and Improvement of Pigs, to be invested and the interest awarded annually in prizes for the best sucking pigs.

£100 to the Perennial Society of Whole Hoggers, of the local branch of which he was the esteemed and Honorary President; and

His famous White Sow, known as the "Soworthy Sow," to his lifelong friend the celebrated judge of pigs, Mr. Anthony Golightly Wackenbath.

The prize pigs were directed to be sold and realised £2,690. The collection of silver salt-cellars was bequeathed to the Victoria and Albert Museum on condition that it should be shown as a whole and named the Soworthy Collection. This bequest was accepted.

The debts due at death amounted to £215, and the funeral expenses to £45.