The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-08-13 00:00:00

WAREFIAM.

SCHOOL TBUT.—The anneal treat to the ehildren
belonging to the Wareham National and Sunday Schools
took place on Thursday last. The children, to the
number of 300, assembled in the school-room at half-
plat three o'clock, where an abundance of excellent
plum cake and tee was provided for them, uadyr the
superintendence of the teachers and several ladies of the
town. It was intended that the tea should have been
provided at fitoborough, on the manor of C. 0. Bartlett,
Esq but the unpropitious state of the weather pre-
vented this being carried out

Tatierrime RtBPONSIBILTTIVI.—(Before Vies-Chan-
cellor Sir. R. Matins, August Ord.—Talbot r. Mansfield.
—ln this suit it appeared that James &veer, a miller
near Wareham, by his will dated in 1845, gave all bin
Property to trustees —Robert Dugdale Marshfield, •
solicitor at Wareham, and Thomas Randall, &farm(r at
Winfrith, in trait for his six children for life, with
rawest to the interest and dividends thereof, and after
their deaths then the principal to go to his grand-
children, the trustees having • discretionary power to
1,11111100 all or any portion of the shares of the children
for the purpose of setting them up in business. The
testator died suddenly in 1818. and his property when
realisedismountect to about max From the death of
the testator down to the year 1863, frequent applications
were made by some of the children to the trustees to
exercise their rower by advancing to them their portions,
but the trustees declined to do so. In 1863 the grand-
children applied to the trustees for • statement of
accounts and other matters respecting the testator's
estate and the answer not being considered satisfactory,
this suit which vu a common administration suit, was
filed against them shortly afterwards. The trustees
gave notice to the plaintiff's solicitors that they intended
te advance the shares of the children for the purpose of
Dotting them spin the coal trade, whereby the plaintiff's
interests would be entirely defeated. A motion was
afterwsrds made before Vice-Chaneellor Kinderaley,
that the trustees should be ordered to bring the trust
fonds into Court, on the ground that the children
1 owing to their advanced ages and their previous occupa-
tions were unfit to enter upon such an undertaking.
The Vice-Clianoellor considering that the trustees were
siding I,lla Ade. refused the application. After this
the trustees advanced to the children the whole of their
shares, not for the purpose of the coal trade but for
setting op in partnership in • farming business. One of
the children Moses fan (acentric character, more
generally known by the name of "Mosey") died at
Dorchester, • twelvemonth since • bachelor. The
canoe came on for hearing in February last, and the
Court was asked to order the trustees to befog the whole
of the money into Court, and pay the sesta of the suit.
The Vios-Chancellot now gave judgment, and said that
after the institution of the soit it was incumbent upon
the trustees if they made advances to exercise the
utmost caution and to have the best evident)e in justifi-
cation of their conduct. He considered that in this case
the trustees were not justified in the opens they had
Panned, and had in fact made these advances for the
I express purpose of defeating the plaintiff's claims.
I They meet therefore refund the money and pay it into
Court the 15th January next. The snit had been con'
ducted by the defendants in so litigious and unjustifiable
o , and the expense had been so unnecessarily
increased that he should order the treeless to pay all
the costs with the exception of £2OO, which he would
I fix as the utmost amount that would been
incurred in prosecuting • common administration suit,
and this would some out of the estate.