The Express.
London, England, 1865-06-01 00:00:00

LAW INTELLIGENCE.

EQUITY COURTS.—MAT 31.
(Bofors the Master of the Rolla.)
WOW In MIL

This wee • snit instituted by percale intended coder the
will of a Meister who died in 1804, seeking to have the
trust. of the will carried into effect, sad to mike the sir.
siring trustee personally responsible for the loss of the trust
property, owls, to the b•nkruptey of a eo-trastat, who be.
came bankrups in 1831 and did in 1834. The plaintiffs
claimed under • settlement made of their pareat's share
under the will in 1830, and one of them was still as intim..
The will authorised the trustees to employ the treat pro.
party is the testator's trade, and that had ham dorm uotd
the bsakruptoy of the so. trustee. The surviving imam
had, in feet, Dever acted in the trusts, sod wee upwards of
90 years old.
Mr. Selwyn, QC., sad Yr. W. Pearson, for the plaintiffs,
submitted that they were not affected by the lapse el time
during their latency.
Mr. De Gez, Q. 0., and Mr. Barrage, for the earviving
trustee, costeaded that as the will authorised the employ-
ment of the saute in the business, the surviving trustee
mold not have proved against the estate of his 00-truatee„
one partner sot being allowed to prove spirt hie partner's
'sada isoompetition with their joint creditors who bad sot
been shown to have been, end who were not likely to have
been, paid in full, and that therefore, independently of the
hoes of time—whicb was of itself an answer ti the demand
—the attempt to make the surviving trustee responsible
meat fail.

—The Muter of the Rolls said that as the will had autho-
rised the trust money to be employed in the trade there
had been no breach of trust ; sad that the only proof under
the bankruptcy could bare beau for the amount in which
t►e bankrupt wu iodabbed to the concern. As to that the
plaintiffs might be entitled to an inquiry ; but considering'
the length of time which had elapsed, and that them wee
no evidence of any animist being due, his Honour was of
opinion that no benefit would arms to the plaintiffs from
directing such an inquiry. The bill must therefore be dis-
missed, but without meta, so fez as it 'ought to make the
trustee personally liable.

(Before Vice-Clanosilor Sr B. T. Kiederdey.)
THE ATTOILNET.OZIMUI. V. THE NAITIR OP IT. JOHN'S

HOSPITAL. BATH.
The Attearley-General, irith Mr. Billy and Mr. Jewel,
moved for an injunction to restrain the master sad the
brother, and sisters of St. John's Hospital, Bath, from pro-
ceeding to grant leases on fines of lands belonging to the
hospital oorporation. It appeared that the property be-
loosing to the hospital is considerable, and so keg ago so
1713 a suit was instituted and was brought before Bit Jolla
Trent, the then Master of the Rolle, wbo, in accordance
with • practice then existing, 000stituted himself as
arbitrator, and in that capacity he made an award which
in substance provided that the lands should be let on lease
for lives at the then reserved rents, • fine of one year's im-
proved value being med. on renewal of the lases by poittB
in a new life. And the rents he directed shftld he
two-thirds to the muter sod one-third to the brothers
sisters in the hospital, the master to keep the &wok sad
hospital in repair. This award was made • decree of
court, and from that time to this the property has bees
in sooordanos with the scheme set forth io the
:altar Under this scheme the amount received for GINS
during the lest ten years bee amounted to about 7,600 i.,
which has been divided in the properties" stated, sad be-
sides this there are reserved rents, and from these melted
sources the brothers and eiders have received on an avenge
371. Is. bd. • year. This information was filed by the
Attorney-General in order to obtain an alteration of
the made of granting the leases which would ultimately
be of more advantage to the boepital. sad • life fa a lease of
the most valuable estate belong* to the hospital having
remedy fallen in the prompt motion for injusotios was
brought on to restrain the master and brothers and skim
from grantiag any lease until the hearing of the mess.
Mr. Mame sad Mr. Bird opposed the motion, on the
ground that the amid ought not to interfere on as hterla
cutory appliestion with a praetios that had been galas as
for • century and • half, and sepsoially as the master was
eighty4even years of age, and the ghat of panda( the
motion wmld be to deprive him of nearly all his lassos.
Mr. Osborne and Mr. Joiliffe appeared for other parties.
The Vicetlhazieellor said he did sot think he might on as
interlocutory motion to stop a preetios whieh bad bete going
on so loom and which had been sanctioned three times by
Lord Hardwick', and once by Lord Eldon. The motion
most be refused, bat he should not make any ardor as to
oasts.

COURT OF PROBATE AND DIVORCE.
MAT 31.
Motors tha Judi* Ordinary.)
CBALCILTT 1. (D BILIDOZE V. CHALCIPAIT.

Mr. Jame, (1.0., and Dr. Spinks for the plaintiffs ; Mr.
Coleridge, Q.C., sad Dr. Sashay for the defendant.
The testator, Mr. John Chakraft, was • farmer at Pen-
field, Hants ; and the will propoandd by the plaintiffs
was dated ea the 17th of J y. 846, but he died recently
W the age of 63. By the will he left his widow, the defen-
dant, an sanity of 100 i., and he pve the rest of his pro-
per 4 to his brother William. Thy widow pleaded that the
paper before the wart was not intended by the deceased to
operate as a will.
The intrumu: was drawn by a respectable firm of solici-
tors named Mellsreoh, hot they bad received their issirscr
Wes from William Chnoraft ; sad the widow swore t hat
hiving heard that there was a will in 'zinnias later thee
the one the knew of, nemely, ens in 1841, she had asked
her husband about it, and he told her that if then was
such a document, It must be a forgery, for he had executed
woe. The anuestiog was that William Chakraft could
not have received the instroctioris which he mid he bad
dove, and that the signature of the testator (whose sight
had failed him) had been procured from him under the
preen.= that he was putting his name to some other

Pewr•
Sir J. Wilde, however, prationneted for the will, hat ab-
stained from condo:min; the widow in the wet.

COURT OF BANKRUPTOY.—MAT 31.
(Before Kr. Oommbedoner Goo Mum)
II is PASTAIDOZ.

The bankrupt wee a sehoolmaster, late at fit. John's.
square, ClierkenwelL, tics of &Althea-grew, out of MI6
pee, Debts 3061. ;se meta.
Mr. gargood opposed.
In examination the bankrupt admitted that be bad not
been a schoolmaster aims 1867 or 1858. All his debts had
been emtracted at Alpha.bouse. Sonthall-grese. When in
gaol be bad been inkodseed to Mr. Ita,ybead,an aceoustaat,
whom he believed to boo solicitor, ad are Doe eine bed acted
for bin. His petition bad been signed in the prams* at
Hr. Bramwell, • solicitor, but be bad no comropiestise
with him. He had ;mid Itaybend 41. 3s. 6d. Io BR Jae*
square he bad goes by the same of Beo4B ; be wife pan the
name of firott—be wee so ill. (Laughter.)
His Hamar said that would be • ground for dlosiedag
the petition.
Hr. gamed mid he led rather bam the ere dealt with
on its emits. It was one of the grousest ems et
sap
that bad ever cones before the mart. The bankrupt
Inliwith eve Wegner, since doed, to obtain goods by
fte tradesmen, be preteediag to be • panes el
peoperty, and referring to Wsgoet m his Mahe web Is
the way he had eintmeted debts of 3001.
His Hamm said that the pole were infested by • set of
Liiweb es bed been referred to in Ws ; and when
found that & polities bad bees get op ly mat mosti
be thought it pa the duty of the court to 4meise it, At
prams imprimmest far debt was • pietist Wee. Yee
weep lakes by their mediten and pet le pal en me day
and ems bare the seat to apply ter their release. He
disnelmed the petitios as the pound that ft woe • feted
es the Pert and Me ant at parliament ; and be amid do
the asap in emy me where • Maim wee presested by
en
seeessisst Wisely Meg the pm eta Delimiter.

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