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Allen v. Dundas

100 Eng. Rep. 490, [1775-1802] All Eng. Rep. 398 (1789)

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Allen v. Dundas

Court of King’s Bench

100 Eng. Rep. 490, [1775-1802] All Eng. Rep. 398 (1789)

Facts

Thomas Priestman loaned Dundas (defendant) about £58 before Priestman died in June 1784. Over a year later, Robert Brown submitted a forged document to probate court, claiming it was Priestman’s will. The forged will purported to appoint Brown executor of Priestman’s estate. The court probated the forged will and issued an order approving Brown as executor in official form, with the court’s seal. Not knowing the will had been forged, Dundas paid Brown the £58 as executor of Priestman’s estate. Two years later, Priestman’s father filed suit challenging the validity of the forged will. The court declared the forged will and its probate null and void and found Priestman had died intestate, making his father entitled to his estate as next of kin. The court granted letters of administration making his father’s attorney, Allen (plaintiff), administrator of Priestman’s estate. Allen filed suit to collect the £58 debt from Dundas.

Rule of Law

Issue

Holding and Reasoning (Ashhurst, J.)

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