The Sun.
London, England, 1853-12-20 00:00:00

TUESDAY EVENING, DECEMBER 20, 1853.

infamy he may eventually plunge, and that with-
out the deliberate intention of doing very wrong in
the first instance, merely taking a little liberty
with money lying idle, and with the most resolute
determination speedily to replace it—to fill up
the gap lie has created.

But integrity, unflinching, inviolable integrity
is not the only quality to be regarded in the
choice of an executor or trustee. Is a man of
energy and decision, of activity and experience
in worldly affairs, will he, without fee or reward,
devote time and trouble to the performance of
that which is at least a thankless, as it is an ar-
duous office. Has he discrimination to select the
best investments, and to sell out in time from
those which are likely to become less safe or re-
munerative. Has he " strength of mind" suffi-
cient to induce him to resist the solicitations of
those beneficially interested in the fund, and who,
in heartrending terms, implore him to•consent to
a disposition thereof, which his reason con-
demns, which he knows to be a violation
of his duty, but which ho cannot reject
without being termed perverse and obdurate, and
without forfeiting the friendship and respect of
those whom it is his wish to serve ? We believe
that there is far more lost to families by acts of
omission, than of commission, by negligence, than
by improper tampering with funds, and that of
the acts of commission much greater mischief is
occasioned by an easy yielding to the importunities
of families than a corrupt and dishonest applica-
tion of the funds placed at the disposal of Execu-
tors or Trustees.

But if that rara avis, an incorruptible, zealous,
and efficient executor, can be discovered, what
security is there that he will undertake the labo-
rious and unremunerated duties cast upon him ?
or, if so, that his life will be spared until
they are finally completed ? How frequently
do we find "renunciations in due form of law," and
can we wonder at the refusal ? It is, as we have
already stated, a thankless office ; it is also a trou-
blesome, a responsible office, and an unremune-
rated office. The faithful executor, strict in the
discharge of his obligations, in place of receiving
the greatest gratitude, is generally an object of
unmitigated dislike to the entire family. He it
is that thwarts their views and opposes their
wishes ; he it is that refuses to let poor EuzA.'s
husband get the money that would be "so much
more useful to him than letting it remain in those
horrid Three per Cents;" he it is that opposes
Master BOBBY'S martial ardour, declining to lodge
the money for the purchase of a commission in a
flash regiment, or the attainment of a position
which the future expectations of the youth by no
means justify, and which can only lead to disap-
pointment and misery. Ho becomes, in fact, the
.bugbear of the family, for whom he is undergo-
ing so much gratuitous trouble and annoyance.
None but those who have had bitter experience
of the office—and every experience must be bitter
—can estimate the amount of responsibility at-
tached thereto. The executor has literally no
discretion, no power to benefit the estate of which
he is the representative. He must act as a mere
machine, bereft of all bowels of compassion or
mercy. If he transgress the strict letter of the
law, the narrow limits of his duty, lie is liable
for a devastavit. He cannot accept a com-
position even of Iss. in the pound from
an insolvent debtor without being liable for
the residue, although by his acceptance he would
save to the estate a large proportion of that which
would otherwise be a total loss.

The only wonder is that persons can be induced
to undertake the task ; and this is ascribable to
the fact, that a man thinks it incumbent on him
to do for another an act similar to that which
at a future time lie expects another to do for him.
If there were any public body to discharge the
duty well and efficiently at a moderate charge, no
man in his senses would act as an executor or
trustee. The necessity of the case was the sole
argument which he could not resist ; and we are
happy to find that that necessity will no longer exist
—that a company is in course of formation that
will supply the want, and provide that which has
so long been a desideratum—a company that will
be exceedingly profitable to the shareholders, and
of incalculable advantage to the community in
general.

On this part of the cage it is only necessary to
refer to the advertisement of the Executor and
Trustee Company, which will be found in another
part of this day's impression. It must be obvious
to any person that the advantages of such a society
must greatly, if not altogether, depend on the
auspices under which it is introduced to the world.
In proportion to the magnitude of the interests,
the greatness of the trusts involved, will be the
jealous scrutiny into the names and characters of
those who have the control and management of
the funds. On this very important part of the
subject, the contemplated company is, indeed,
unexceptionable. There is not a name to
be found in the list presented to the public
that will not bear the strictest investigation, that
is not, indeed, far " above suspicion." It would
be an invidious task to particularise any one of
the distinguished band. Sir JOHN PATTESON
alone, would suffice to remove every possible diffi-
culty. The veteran ex-Judge, who through his
long, his useful, and his honourable career, won
golden opinions from all manner of men, would
not hazard his well-won reputation by lending his
sanction to a doubtful project. The same may be
said of his almost equally distinguished colleagues.
So that not only the community in general, but
the intending shareholders, may depend on
achieving the great desiderata, " integrity
and efficiency of management." Under such cir-
cumstances the profits of the company must be
very large : although a considerable amount will
be paid up, not a shilling will be required (save
for preliminary expenses). Every pound will be
invested in Consols, to constitute a guarantee
fund, the dividends whereof will be divided among
the shareholders, in addition to the actual profits
of their operation. It is difficult to estimate those
very accurately. We believe the calculation which
has been put forward to be far below the mark,
and that these profits will be nearer 20 than 10
per Cent. It is, however, an error on the right
side, and one which entitles the Managers to ad-
ditional confidence, inasmuch as they carefully
abstain from anything which can bear the slightest
semblance of exaggeration.

EXETER HALL.--The customary annual performance
of Handel's sublime oratorio, Messiah, will take place
on Thursday evening, the 22d inst., by the London
Sacred Harmonic Society, under the direction of Mr.
Surman, the founder and conductor of the Eexeter Hall
Oratorios. The beautiful solos and airs with which this
oratorio especially abounds, will be sung Mrs. Sunder-
land, Miss Dolby, Mr. G. Alleyne, Miss M. Wells,
Mr. Lockey, and Mr. Lawler. In order to give effect
to this great work, the band and chorus will be con-
siderably increased, comprising nearly 800 supporters.

. •
SUBMARINE AND EUROPEAN TELEGRAPH.—OPENING
TO CHATHAM AND CANTERBURY.—The Submarine and
European Telegraph Companies have just opened offices
in the centre of the above towns. The liberal tariff
adopted from London to Gravesend has been extended
to the new stations, and messages of 20 words may now
be transmitted between Chatham, Canterbury, London,
Gravesend, and Dover, for one shilling, while no por-
teTage is charged for delivery the first mile. Telegraphic
intercourse, hitherto only a luxury for the rich, is thus
becoming rapidly familiar to the tradesman and the
mechanic, to the former of whom it must prove of in-
estimable advantage. The enterprising contractors,
Messrs. Frend and Hammill, executed the works. The
wires were led from the main line, and laid through the
streets in iron tubes.
RISING OF THE COURTS OF CHANCERY FOR THE
VACATION. —At the conclusion of the sittings this day
(Tuesday), of the Lord Chancellor, the Master of the
Rolls, the Lords Justices, and the several Vice-Chan-
cellors, the respective judges of either court will rise for
the Christmas vacation, and no sitting will be held,
except in cases of extreme emergency, before the vaca-
tion, at chambers or his private residence, until the first
day of next Hilary Term, the 11th of January, when the
sittings will be held in Westminster Hall. The cham-
bers of the Master of the Rolls and Vice• Chancellors, as
also the registrars and other officers connected with
the Court of Chancery, will be closed during the Christ-
mas week.

FRIGHTFUL LEAP FROM A WINDOW BY A FEMALE.
—Yesterday morning, at half-past four o'clock, consid-
erable sensation was created in consequence of a young
woman, of the name of Jane Wheeler, aged 24 years,
residing in Ann-street, Waterloo-road, suddenly opening
the second-floor window and precipitating herself, head
foremost; out of it. She was picked up by the police,
bleeding and insensible, and conveyed to Dorcas' Ward,
St. Thomas's Hospital, where Mr. South, surgeon, was
in attendance, and rendered every assistance ; but she
now remains in a precarious state. No reason is as-
signed for the rash act,