Hope v Public Trustee - [1943] NZLR 398

Executors and Administrators — Insolvent Estate — Mortgage (subject to Prior Mortgage) by Public Trustee as Executor of a Deceased Person's Estate containing his Covenant to pay Principal and Interest — Declaration therein that Public Trustee liable only to extent of Estate of Deceased from time to time in his Hands — Mortgaged Property sold by Prior Mortgagee — No Balance — Public Trustee's Election to Administer Estate under Part IV of the Administration Act, 1908 — Prior Mortgagee's Proof thereunder rejected on Ground of Delay — All proving Creditors subsequently paid in full — Sufficient left to pay Amount due under Mortgage — Whether Mortgagee a Creditor of Deceased — Administration Act, 1908, ss 61, 62 — Bankruptcy Act, 1908, s 99.