Chauncey and Another v Blood's Estate [1911] ZAWLD 47 (17 November 1911)

Specific Performance - Executor - Compelling Consent of Executor to Expenditure of Money in performance of Contract pending Sequestrration of Estate

A and B were the owners of certain premises let to X. B died and his executor and A, at the termination of the lease, accepted a certain sum of money from X in lieu of his executing certain repairs, but agreed that such sum should be used to carry out necessary repairs. Thereafter B's estate was discovered to be
insolvent and his executor took steps to surrender his estate, which was pending at the time of the application.

Held, on application, that A was not entitled to compel the said executor to agree to the carrying out of repairs, the nature and details of which he had not agreed to, nor to the expenditure of the said sum of money thereon; and that the said executor was entitled to leave the matter to the decision of the trustee in insolvency.