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Colonial Cases

Sturge v. Field, 1880

[succession]

Sturge v. Field

Judicial Committee of the Privy Council
24 January 1880
Source: The Times, 26 January, 1880

LAW REPORT.
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Jan. 24.
(Present - Sir James Colville, Sir Barnes Peacock, Sir Montague Smith, and Sir Robert Collier.)
STURGE AND OTHERS v. FIELD AND OTHERS.
  This was an appeal on a judgment of the Court of Appeal of the Leeward Islands directing a new trial in an action brought by the respondents to recover the respective shares of two of the respondents, Mrs. Field and Mrs. Hall, who are sisters, of a sum of £2,264 obtained by the appellants, as executors of the will of the father of those ladies, Mr. Francis Burke, in an action against Mr. S.D. Sturge, and for an account of the estate.
  The arguments of counsel had not concluded when the Court rose, and will be resumed tomorrow (Tuesday).
  Their Lordships also disposed of various petitions for leave to appeal, none of which possessed any public interest.

Source: The Times, 28 January, 1880


  Mr. Arthur Cohen, Q.C., and Mr. J. C. Mathew were counsel for the appellants; Mr. Benjamin, Q.C., and Mr. Lumley Smith for the respondents.
  The action was brought by the respondents, Mr. and Mrs. Field and Mr. and Mrs. Hall, against the appellants as executors of the will of Mr. Francis Burke, of Woodlands, Montserrat, to recover shares to which they alleged they were entitled or a sum of £2,264, said to have been recovered by the executors in an action against Mr. C. D. Sturge.  The two ladies, Mrs. Field and Mrs. Hall, were daughters of the testator. The appellants answered that no such sum had been recovered, and that the action had been prosecuted without their authority, as judgment had been improperly obtained.
  The arguments of counsel were still unfinished when the Court rose for the day.

Source: The Times,  29 January, 1880


  The arguments in this appeal - which was from the Court of the Leeward Islands - were resumed this morning but not concluded.
.  .  .  
Their Lordships will resume the hearing tomorrow (Thursday).

Source: The Times, 30 January, 1880


  The original suit was brought in February, 1876, by the respondents against the appellants, as executors of the will of Mr. Francis Burke of Woodlands, Montserrat, to recover from them shares to which they claimed to be entitled or a sum of £2,264, which amount was alleged to have been obtained by the executors in an action brought in the Court of Queen's Bench, Montserrat, against Mr. Charles D. Sturge. The respondents were two of the daughters of the testator, Mr. Burke, and their husbands.  The executors admitted that the action had passed in their names against Mr. Sturge to the sum in question, and that they had entered satisfaction on that judgment; but they denied that they have ever received the money, and they asserted that the suit had been instituted not only without their authority and in opposition to their known wishes, but also against their positive and repeated answers that Mr. Sturge was in no way indebted to them. The jury found on all issues for the appellants; but on the application of the respondents a new trial was ordered, against which decision the present appeal was instituted.
  Their Lordships reversed the judgment of the Appellate Court ordering a new trial, and directed the respondents to pay the costs of the appellants in the Colonial Court, and of that appeal.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School