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![handle is hein.slavery/ssactsengr0356 and id is 1 raw text is: BILLINGHURST V. VICKERS
honest exertion to acquire a competence he has no claim to be admitted a pauper.
Mr. Barham in two years has expended 7501., he is not the kind of person entitled
to the indulgence of having the labours of others gratuitously, and over-ruled his
petition to be admitted a pauper.
In an Anonymous case,(d) in Salkeld, where a motion was made to dispauper a
parson who was plaintiff in an action, because he had a living of 401. a-year, though
he had sworn he was in debt more than he was worth; Chief Justice Holt was of
opinion that his being indebted was no reason; it was enough that he had a consider-
able estate in possession.
In Smith v. Smith (Consistory, Hilary Term, 1794) the Court said, If a party has
a current income though no permanent property he must be dispaupered; this person
has about 201. a-year from houses, he gets about 401. a-year by his business as a
carpenter, his whole [186] income is about 621. ; and the Court dispaupered.
In Shaw v. Shaw (Consistory, Michaelmas Term, 1807) the Court laid it down, The
question is whether to admit a party a pauper? suing in formA pauperis is a great
privilege, and only belongs to real poverty; the common rule both at common law
and in this Court is that, after payment of debts, he must not be worth 51. ; yet this
is not to be understood if there be an income, though after the settlement of his affairs
he may not be worth 51. A man worth an income of 50001. per annum may not after
payment of his debts be worth 51. The party admits that he had an income of 701.
per annum, though he is in debt above 2001. beyond his effects, so that he is not in
a state of extreme poverty. I shall reject his application to be admitted a pauper.
These cases are quite decisive: though in the present instance the party may be
insolvent, yet by his trade, his handicraft, he earns 701. a-year, he is not entitled;
there is less reason also, because he is not to be a plaintiff, nor even necessarily a
defendant; though there may be some doubt upon the law whether, except in some
excepted cases, defendants are entitled to sue in formh pauperis ; but here he is quite
a volunteer, merely cited to see proceedings; he is not bound to appear, he is a mere
intervener; this is not a favourable case for indulgence. There is another party,
a pauper, also contesting suit and nothing to induce a suspicion that the adverse
parties are colluding; indeed, the inference arising from these proceedings would [187]
be directly the reverse, and it would be great injustice and hardship if the executors
were to be harassed by two paupers; the case therefore is in no degree favourable;
there is no necessity for any appearance; but if there were ever so great a necessity,
I am satisfied that on principle and authority this person has made out no title to be
admitted a pauper.
BILLINGHURST V. VICKERS, FORMERLY LEONARD. Prerogative Court, Michaelmas
Term, Nov. 23rd, 1810.-Part of a will established, and part held not to be
entitled to probate.
[Discussed, Barry v. Butlin, 1838, 2 Moore, P. C. 483; Fulton v. Andrew,
1875, L. R. 7 H. L. 461.]
Joseph Leonard died on the 6th of March, 1808; on the 21st of the same month
Ann Leonard his sister took out letters of administration to the goods and chattels of
the deceased on the ground of his having died intestate. A citation was afterwards
served upon Ann Leonard calling upon her to bring in the said letters of administra-
tion, and shew cause why they should not be revoked, and also why probate should
not be granted of the following will to Mr. Billinghurst, the sole executor named in it.
This is the last will and testament of Joseph Leonard, No. 3, Great Dean's Court,
St. Martins le Grand, Tailor. First, my just and lawful debts paid as soon as may
be [188] after my decease, I leave Ann Leonard, spinster, the sum of one shilling;
the residue of my property I may possess at my death to be disposed of as under; to
Joseph King, of Elgin, 5001. 3 per cent. Bank Annuities; William Thomas, the same
amount, of Queen Street, Cheapside; to Mr. Freebane, at Mr. Creight, Watling Street,
(d) [Mich. 11 Will. 3 B. R.]
Mr. Northey moved to dispauper a parson, who was plaintiff in an action, because
he had a living of 401. per annum. Turton and Gould Justices contrh, because he
swore he was in debt more than he was worth. Holt, C. J. differed from them; for
his being indebted, or his estate being mortgaged, is no reason; it is enough that he
has a considerable estate in possession. 2 Salkeld, p. 507.
956
I PHILL. ECC. 186.](ViewImageLocal?handle=hein.slavery/ssactsengr0356&div=1&collection=&method=preview&ext=.png&size=3)