The Sun.
London, England, 1833-12-16 00:00:00

COURT OF EXCHEQUER, DEC. 14.

Sittings in Equity, Gray's Inn Hall, before the LORD
CHIEF BA RON. )
STILES AND GUY.

His Lordship gave judgment in this case. It involved a
question as to the liability of executors to make good the
default of their co-executor, if it could be shown they had
not used proper diligence in executing the trusts confided
to them. A testator named Jobn Tuckey by his will de-
vised the whole of his property to three trustees, namely,
Anthony Guy, Richard Tuckey, the elder, and Richard
Tuckey the younger, being the defendants in the present
suit, upon trust, among other things, that as soon as con-
veniently might be after the death of the testator they
should call in such of the property of the testator as was
of the nature of book debts, or was vested in securities not
approved of by them, and then to apply the produce so
obtained in such manner as the will directed. Of this
will the three defendants were appointed executors, each
of whom joined in obtaining protest, and by so doing
accepted the trusts reposed in them. Anthony Guy
was appointed the acting executor. He was by pro-
fession an attorney, a man in good credit, and it
would seem for some years previous to the testator's
death bad enjoyed his entire confluence. The testator
was in the habit of lending him large sums of
money whenever his occasions required it, he (the tes-
tator) from time to time drawing on this fund, and being
allowed interest for the balance. At the time of the
testator's death a sum of about 10,0001. (the precise
amount was trot mentioned, nor was it of any consequence
in the decision of the question) was due to his estate from
Anthony Guy, secured, as it was alleged, by two promis-
sory notes in favour of the testator, and subscribed by him.
The testator died in 1823, and at that time and up to the
period of his bankruptcy, which event took place at the
close of 1829, Anthony Guy was in high credit in the
district in which be lived. During this period, namely,
from 1823, when the testator died, until within a few
months previous to Guy's bankruptcy, the defendants
Richard Tuckey the elder and Richard Tuckey the
younger never took any steps to call in the debts due by
their co-executor. From time to time it appeared that
they had called upon Guy as the acting executor for his
accounts, hut on no occasion did they receive them. Guy
repeatedly promised to make them up, but invariably
neglected doing so, and in the end the defendants
alleged in their answer that they were on the point
of instituting a suit against Guy to compel him to
render up his accounts, when they were intercepted by
the filing of the present bill. After going at length
through the facts of the case, his Lordship said that
his judgment was, that it should be referred to the Master
to report, first, whether any and which of the adult
parties in the suit acquiesced in the debt due from Anthony
Guy to the testator; John Tuckey not being called in, and,
if so, up to what time; secondly, whether the defendants,
Richard Tuckey the elder, and Richard Tuckey the
younger, had at any time taken measures to have the
money called in; thirdly, whether the enlargement of the
order for paying the money into Court was made without
the knowledge or consent of the defendants Richard
Tuckey the elder and Richard Tuckey the younger, or
eith. r or which of them, and whether if such enlargement
had not taken place the money would or might have been
recovered. 'Let the Master furnish the usual accounts
and be at liberty to state in his report such special cir-
cumstances as he might think fit. As soon as the Master's
report was prepared he would proceed to give final judg-
ment in the cause, and the decree which he would then
pronounce should be dated from the day the cause was
heard

DESTRUCTION OF FARMING PROPERTY
AT CAMBERWELL, Sua&ay.—About a quarter after 10
o'clock last night, the barn of Mr. William Horner, farm, r,
of Cold Harbour-lane, Camberwell, was discovered by Mr.
Inspector Walters, and Coningsby, a sergeant of the P
division, to be on tire. In a few minutes the flames com-
municated to four wheat stacks, which, with the barn and
outhouses, were totally destroyed. By great exertions the
farm house and a stack of hay were preserved, as were the
cattle. When our informant left the village at 1 o'clock,
all apprehension of further damage had ceastd. So fiercely
did the flumes ascend that the reflection must have Leen
seen for many miles round.