The Sun.
London, England, 1833-12-03 00:00:00

ROLLS' COURT.-(THIS DAY.)

TIIELLUSON V. WOODFORD.
Mr. KINDERSLY this morning made an application to
the Court in this case. A petition was presented on a
former occasion under the late Act of Parliament, which
was paped for the purpose of superseding the acts of the
trustees, under the will of the testator in the cause; and
it was referred to the Mister to approve of the terms on
which a proper lease shouid be granted to the present
Lord Rendlesham for the term of fifty years, if he should
so long live, at the rent charge of 11,500/., payable half
yearly. According to the provisions of the Act, the lease
was to commence from the 25th of March last, and it was
to contain a power of re-entry if the rent was not paid
within 105 days afrer it became due. The Master bad
been directed to inquire into and state specially the cir.
cumstances affecting the property appointed by the Act to
be comprised in the lease; but in consequence of the very
great extent of the property derived by will and subse-
quently purchased according to its provisions, although he
was to be at liberty to sit de die in diem, it was to be
feared it would be impossible to get the terms of the
lease arranged before the lapse of the one hundred and
five days assigned by the Act fur the payment of the
half yearly rent. The present application was made fur
the purpose of having the authority of the Court for Lord
Rendleaham, the intended lessee, in the interval to pay
the first half yearly rent into the Court ; and that the costs
of procuring the Act of Parliament and the other pro-
ceedings should be taxed, and paid out of the surplus
funds of the testator's estate standing to the credit of
the cause.

The application not being opposed by Mr. TINNEY,
who appeared for the trustees, the Court mide the order
according to the prayer of the petition.

ATTORNEY.GENERAL V. arascovistE.
In this case the testator, so far back as the year 1619,
bequeathed to his executors various sums of money to be
invested in the purchase of !grids and tenements in fee,
which he charged with the building of a hospital and
school-house in Sherborne, and the yearly allowance of
5/. each for the maintenance of 24 legitimate orphans in
that palish, besides other sums for the support of the
hoalmaster, usher, &c. The information was filed
to have it referred to the Master to approve of a
',theme for the regulation of the charity income,
and also to receive other directions which bad become
necessary in consequence of the olteratim
„lit=
v,lue of money and the productiveness of the estates which
by the tes ator had been charged with the support of the
charity. The Master having now made his report, the
cause came on in order to have it absolutely confirmed,
and that the scheme he had settled might be finally adopted
and sanctioned by the Court. It not being practicable to
increase the stipends of the poor children, the Master bad
found it necessary to diminish their number. The salary
of the schoolmaster had also been permanently fixed at 801.
per annum.

Mr. BETHELL, in behalf of the present schoolmaster,
appeared to oppose the scheme, on the ground that while
his salary was fixed at so low a sum, additional restrictions
had been imposed on him which were altogether unnec,s,ary
as well as inconsistent with the intention and directions
of the testator. By the will it was only directed that
the schoolmaster should be a clergyman of the Church of
England; but the Master's scheme contained a provision
which disqualified the schoolmaster for the time being
from holding any ecclesiastical preferment whatever.
His HONOUR was desirous, if he could, to extend the
allowance which should be made to the schoolmaster; but
the state of the charity funds did not afford an opportu-
nity. At the same time it was most desirable, in order
that the school might be properly conducted and attended
to, that it should be under the superintendence of a person
who could bestow his whole time upon it ; and therefore
the proviso, which had been introduced into the scheme,
was most proper, that the schoolmaster should not hold
any ecclesiastical preferment.
KING'S BENCH.—(THIS DAY.)