Ex Parte Pye

18 Ves. Jr. 140 (Ch. 1811)

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Nature of the Case

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Facts

Pye was an administrator of the estate of Mowbray. Pye authorized Dubost in Paris to purchase in France an annuity for the benefit of Mowbray's mistress, Marie. Marie was married and deranged and as such the annuity was purchased in the testator's name. The testator then sent Dubost a power of attorney authorizing him to transfer the annuity to Marie. The testator died in June 1908 but Dubost did not learn of the death until November 1809 and in the meantime exercised the power to transfer the annuity to Marie. These arguments ensued. The French annuity being purchased in the testator's name and not third person interposed as trustee means that the interest could not be transferred from him without certain acts which were not done at the time of death. The issue of whether the power of attorney amounted to a declaration of trust also arose.