The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1871-12-19 00:00:00

WEYllol.7rit LLW CAW.
GAIL:. of Citattairy, Decetuba 12th aid 13th•
(Before Vict-Launceuka WmKos.)
GEIFFITIIS V. OAKLEY.

Tho Lill in this ea o was filed by James Uri:Titles, of
nu. t stract, llochtcy !lilt, Birmingha n, whele.ale
jeweller, on bc'iall of himself rind all oth• r creditors
of Andrew Diesch, lot, of tit. Mary-dreet,lVeymonth,
watchmaker and stivAsmitis. Tho testator made a will
by which he left his property in trust for Lis cbiliron
and grandchildren to the defendants ia the suit —B twin
Oakley, manager of the Wilts and Dorset Bank at
Weymouth, and Hoary fi-lfe, of Poole. T'm testator
died on the Ith April, IS6B. At the time of his death
Ice was entitled to a house at Prow, ant to his lease-
hold house era stock at Weymouth, and so no other
I malty. The present ,e, • from the
0 • 11,1,1 Of the Cl. CAM —th ecttn la' the
th,y pint a circallr t, eh ) ex liters
stating that it was impossible to dLspose of the aeiets
to pay in full, and off ring to pay 103. i the peu,d.
One of the credito:s. Mr. Blankensee then volunteerid
to make a valuation, which he did ; the value put
urea the rock by Lim being £1,162. A purchaser at.
this rate was found in a Mr. Cole. tf ftherborne. The
.lefendants, however. refused this offal., and sold the
stotis by auction for £l3O less. Another suit Davis,.
Oakley had also been brought to administer tho estate,
but the principal object of the present suit was to
charge the 4 I.ntiants with wilful neglect and default.
It was alleged that in addition to the stork wing dig.
posed of at a disadvantage, that • portion had been
abstracted by Mn Selfe ; that the lease had been sl,a.
pmed of at ISt than its video to a nominee of Mr.
Self° ; and that Mr. ktelfe was now carrying on the
testator's biasinoss en his Own aoeount.
_ _

.....
Mr. Green, Q C., and Mr. Bovill appeared for the
plaistiffa ; Mr. Dickinson, Q.C., Mr. Kwalake, Q C 3,
and Mr. Fischer represented the defendants.
Mr. Green, Q.C. said ho represented about £7OO or
of unpaid creditors. Ho contended that the
il.orit;fls ha cd, Might) I enough wilful netdect anal
default to go into a decree. With 1.... art to the boxes
sent to Poole by Mr. Henry Selfe,that6wucloarly estab•
listed by the evidetioe of Martin Diesdo, son of the
testator. It was not intended to impute to Mr. Oakley
any oomplicity with those transactions, but it waa his
duty to have i.e vented them. The plaintiffs therefore
sought • .lecreo in tho ordinary course, with additions
that accounts should be taken against the defendants
for wilful neglect tel d (alit ; that acoonnts should be
taken of the trantactiots with 11 mry Salto, with
regard to his purchases at the auction, 'Led of the good
"nil of the humble,. Tie tort of excuiu wade by the
defendants that they were acting for tho testator's
infant ebUdren wau ab.urd, becau,e they knew they
ver oould have anythin;.
Mr. thrill followed on the same aide.
Mr. K tralake, Q C.„ for the defendant Selfe, said ho
could show the Court that everything had been done
for the bene•fit of the estate. On no single he el were
plaintiffs entitled to relkf.
The Vicc-Chancellor ob.teryed.tbat up to the present
. .

roint he found an executor's brother buying part of the
estate.- Immediately after wards the executor admitted
them to be in his hurls. Unless Mr. Kerslake's client
reachsat•il an citolanati-n of this, he mutt give weight
ti th•a WOW:. cante• ton. They es,erted that
Francis Sao war a fiAtt.4,us purcha.er, it being for thy
benefit of the &Umlaut, Henry Sella. The is so wan
al-o made over to Francis, the value being asidef that
transaction. li,th parties had admitt d that the busi-
ness was now b•ing carried on by Henry Selfe, and
that a term portion of tho goods had bean brought
~ek to the house in Mary-streot.
Mr. Kerslake said Francis Sato La sworn that the
w.oe bought for his can beusfir.
Viao Chimed:or said coun,el hid declined to
Answer the qu Aim as to how tho goods and the lease
of the house had p ..s..d from Fratleli to Henry Selfe.
Mr. Dickinson, Q f.r the defendant Oakley, sub.
th,t he had a:te I througl.out iti • boar tt,lc
in •iitor.
Mr. Vi,chrr Earil; Nl' rdellissed the court f.r the
f--..slant flak! y
Mr. B .vill replied forth' plaintiff:.
The Vice-Chancellor In delivering judgment said that
as far as tha bill asserted the admission of useta be
mutt dimiiss it with cost?, as to the other point+ the
cise sva v re r mlotrrn, ir,; from tho very im.onvenient
'eroi in it cam bet.-e the court. Ile should
in .r vi lir ho bernie. 4 the bill with
• : • t• '• str'rtly awl notit
fore mak a. ,t to.. itoioccr
then proc tided to comment on the tractice of the court
in t ..1, sort of cores. lo tho precent instance he fount
that certain parts of th.• assets remained
in hulls of one .1 the executors sifter ostensible
The premi,es of the t Mato, with the
enl•will of Vie bustries lustre ja cstenaibly
ali--iltve I t tho brother of one executor
old bond them any back immediately after to the
x(cieor's boil., and neither he nor Ilk mother pavo
-ny esplacar ion of that fact. The coichision therefore
ferret upon li;s lion ur was that after o,tensible
elhmation the pannisn and consAerablo part of the
stock in trade got Inek into the hands of one of the
:cotters, and rem- lied there. liii Honour's iinpres.
skin was however that he did not try to get them into
Iris hands for li, own bmefit, but fur that of the
testator's children. That made a differentia morally
though inn legally. Ualer them, circumstances the
law plainly moire.' an empairy. He disi not prejnrige
it, hilt A' h mild to dire t one that would in a ff..et
enquire whether any underh as, of the promi a
was made to Francis Sulk as trustee for or directly
or indiatietly for the benefit of Henry Sadie, and
whethee star of th.. g0,.1; iitirclinto I ostensibly
hi Fraheis at the sale wens bought iii trust for
or for the use or benefit of Usury belle. Also
whether under what circumstances Henry Sella bad
remained in possession of the premises In Si. Mary-
street, nice 2811 Janaary. ire,,; end under what
eircumstences ho had remained in po.session of
the testator's stock-in-trade or other property, MI for
an amount of the benefits so resulting. Ile was, how-
ever sorry to say that tho enquiries eould have no
practical result. The stock had been fairly bought at
a fair price and fairly paid for. Mr. Oakley would
not he liable for the result of the tcoluirits. So lunch
a the bill as soueht te charge him with wilful neglect
slid default would be dismissed, but without oats.

th

His Honour coneluded by saying that the result of the
suit had been a decree which would gives great deal of
troulilo and rovvilt in benefit th nobody, Bat it woe
not in sosordsnee with the principle of the court to
..11ow such proseedingi as had been admitted to pass
Without further enquiry. Were the enquire. in favour
of Yr. &His it would be in the db.:retie° of the Court
to dingo the bill altogether.

THE BOSE AWEN BOYS OFF FOR HOLIDAYS.
Nearly 400 of theta lads left their ship on Thursday
morning, and marched in order to the railway station.
whence they left by
the 8.10 ordinary train. It ass
an extraordinary one on this occasion, numbering 14
ierrisg,a, and in it w•re also a party of 10 couvlol••
isiliu"d for Woking, under principal warder White.
Chia big train was personally accompanied by Mr.
'Are ins, station-maiter at Portland. It was, OD alli"Di
awl it was gratifying that it arrived
..d its great sirs, of course a little late at Weywouth
station, but not more than might have been exposited,
at Weymouth
41 rights Thera the boys all in their naval rig,
each with his parcel for home, bustled into the South-
Ireeern and filesaiMectern trains, whist, wl" shw4dY
In waiting. tax of the Portland carriages were attached
to the Ssuth.Western trains
and in ocunequenee of the
otter not being ready, the Great-Western ordinary
train, which oily had a few boys, started before it. for
Dorchester, an•l the South-Western wal delayed until
the Great. Western should have passed Ridgeway
carriages, and another engine was att • The boys
aohed
tunnel. The South-Western train numbered ten
whe are not rich enough to go heme for holidays,
r.inain in the Boss:rawer' ; but have leave of sheet:toe

A SOLDIER ON SIR C. WILKE.
To Oa Editor.
sin, -.M one of the people belonging to GOVOTIIOIOII6,
I beg leave to remark on Sir Charles Mike's represem-
tatieu of the ',reliant state of Royalty. As • soldier
I beg leave to state that. were Inch sentiments ex-
pressed by myself, ospital punialunent alone could have
dealt with the °Mame. Why then allow a British
subjees, equally liable to the laws of the eounlay as the
.ohji,,r, to °seep the punishment which the soldier
would incur? I should say law is at stake, and rank
and povition usurping power, if suoh treasonable con-
meats can be allowed to be issued by the Preen, with.
out the am,ticea( juin:dal authority. Why than make
the distinction betweeu the Baronet and the Commo-
ner? I appeal as • British subject and soldier for
justice --Yours truly.
JAMES F. HARRINGTON
Weymouth. Dec., 1871.

rola L giND.