The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-12-20 00:00:00

EXECUTORS- AND TRUSTEES

AMONG -the wants which may be considered to belong
exclusivelY to the refinement of civilisation, the guardian-
ship of property designed for the benefit of others is not
only one possessing the most importance, but, singularly
enough, it is one for which perhaps the least attempt has
been made to effect a remedy. There are numerous instances
in which a._ man with ample means to provide for his
widow and children finds his greatest difficulty is in so
entrusting the administration of it to others, as to secure
the due perfdrmanee of the chief object which he has in
view. To take the simple instance of a man making his
will, by which he seeks to:secure a provision for his widow,
and at the same,time to guard against any misappropria-
tion of the principal, so that his children may ultimately
receive it. Ilismill may clearly state his intentions free
from legal defects, but his difficulty lies in the appoint-
ment :of an executor. He may have many friends, but
those of honour- and substance, whom alone he could trust,
would hesitate to accept au. office involving much trouble
and responsibility, without any profit ; while there may be
none willing to undertake the duty in whom he could
place implicit confidence,. and at the best his family
would be subject to contingencies against which no
prudence or foresight would avail. If he resort to the
common expedient of appointing his widow executrix, he
runs the hazard of a second marriage alienating her in-
terest from that of his. children ; so that, with the best

intentions to provide seeurity for the future maintenance
of his offspring, ha feels tliat, after all, it is a mere matter
of chance. In the case of trusteeships where more active
management is- required, more responsibility incurred,
and more discretionary power necessarily exercised, the
difficulty is stillgreater ;. and there are few who, from the
nature of their- property, find it necessary to leave it in
trust, who do not experience obstacles, in some cases insur-
mountable, in the selection of persons sufficiently respon-
sible, and at ttle-sam.e time willing to undertake the duty.
In the more common instances of trustees for marriage
settlements the difficulty is almost as great ; and the
same remark will apply with equal force to similar pro-
visions for charitable purposes, the mal-administration of
which has become notorious, so as to call for 'the especial
interference of the Government. In all these cases the
evil must be admitted, and it is rather a matter of sur-
prise that se little uttempt has been made to effect even
an approach to a remedy. It is true that the South Sea
Company, finding their vocation gone in the payment of
dividends ola their stock, which the Chancellor of the Ex—
chequer had converted or paid off, applied to the Legislature•.
for powers to undertake the duties of Trustees, but Parlia-
ment struck out the requisite clauses in the bill, so that
the scheme fell to the ground. Our attention has, how-
ever, been called to the proposal for a company which is

being established to supply this obvious want, and. the
marvel appears to be that it has not been attempted long
before. The principal requisites are legal talent„ a re-
sponsible board of directors, and an ample guarantee.fand,
in order to ensure public confidence; and, if we may
judge by the prospectus which has been put forward by

" THE EXECUTOR AND TRUSTEE COMPANY," these indis-
pensable means of efficiency seem to have been well pro-
vided. The Honorary Council comprises the Right Hon-
Sir J. PATTESON, and two late Chief Justices of India : the
Executive Council includes two Queen's. Counsel, three
Members of Parliament, and others of station and cha-
racter, while the legal officers are men of high standing
in their profession. The capital proposed to be subscribed
is One Million, of which £lOO,OOO is to be paid and
invested as a guarantee fund against possible con-
tingencies. We need not remark on the probable
profits to shareholders in the projected company, be-
cause they must be obvious to all, considering that
the investment of the capital will, of itself, afford
the ordinary rate of interest, beyond the charge for
business performed, which may be upon the most moderate
scale. The chief advantage, as far as the public are con-

cerned, will be in enabling those who have relatives and
friends to provide for either by Will or Trust-deed, to
entrust it to those by whom it will be efficiently and se-
curely managed. It will supply a want which has long
been deeply felt ; it will relieve many from an irksome
and thankless duty, which they have unwillingly con-
sented to undertake from motives of benevolence; it will
secure many a widow and orphan from the sad conse-
quences which too often result from the incapacity, inex-
perience, or dishonesty of trustees and executors ; it will
save many an estate from being wasted in expensive and
fruitless litigation ; and it will smooth the death-bed of
many an anxious husband and father to know that those
whom he leaves behind him are placed as far as possible
beyond the reach of such contingencies as those to which
they are now liable. These considerations lead us to hope
that the Company will prove successful—a result which
tha ph.r.,,tpv of nu.a who have embarked in it has placed
almost beyond a doubt.

MUSIC AND THE DRAMA
♦

AT THE THEATRE ROYAL, during the past week, Miss
Fitzpatrick has repeated several of her favourite characters,
and by her talents confirming the good opinion formed of her
style of acting. On Thursday evening Miss Cushman re-
appeared, after a considerable absence, before a Liverpool
audience. As was to be expected, she met with a genial
and gratifying reception. In her performance of Bianca,
in Millman's tragedy of " Fazio,' she displ.►yed her
wonted energy, discrimination, and tact, and was warmly
applauded. This accomplished actress, it will be seen, is
to appear to-morrow evening in the character of Meg Mer-
tidies in the national drama of " Guy Mannering." This,
it will be remembered, is a character in which Miss Cush-
man has earned a wide-spread fame. The Christmas Pan-
tomime, is, we understand, in a forward state of prepara-
tion at this establishment, and its production is looked
forward to by the juveniles with such expectations of de-
light as buoyant youth alone can entertain,

AT THE ROYAL AMPHITHEATRE, Pablo Fanque's troupe
of equestrians continues to draw good houses. Among the
performances there the brothers Ellis, on the double trapiz,
are deserving of particular mention ; they are graceful and
daring, and afford an interesting contrast to some of the
other performances. Two juvenile day fetes are, we per-
ceive, to be given by this company in course of the week,
one to-morrow, the other on_Friday.
ItorAL PAnic THEATRE.—The only local Pantomine of
the present year, we understand, will be produced at this
establishm3,ut on Monday next, and bids fair to become one
of the leading attractions of the forthcoming festive season.
It is written by a clever young townsman whose previous
success in " Ye Siege of Liverpole" is a guarantee for its
excellence. The new piece is entitled " Ormshead The
Great ; or, Harlequin and Jenny Jones and the Fair
Flower of Snowdon," and will contain beautifully painted
views of Snowdon, Llangollen—the Ormsheads—and other
well-known spots in North Wales. To guard against the
attacks of those who would strictly exact the precise date
and locale of each incident, the author thus facetiously
prefaces hiswork " The author, upon his own ' authority,'
has availed himself of this favorable opportunity to demon-
strate in a series of pen and ink sketches, his own "very"
peculiar notions of scenery and locality, in the exposition
of which he has evinced a laudable contempt for the absurd
A. B. C'isms of the "beaten track" of history, and soared
far above the levelling influence of Geography. Every
intelligent Briton is acquainted with the latter, and as the
" direct object" of our " stage" productions should„ be to
"direct" the " objects" of their " effects" towards. effec-
, ting" or developing an " advanced stage" on the high road
of literature and art,the author flatters himself (an ego-
tistic II mark of "personal distinction" that cannot
be
" overlooked," when the " loftiness" of his production
is
taken into consideration), that he has furnished a new
chapter in the history of Wales, which is calculated to
astonish the world in general, and Liverpool in particular."
Mr. Appleby, from the Theatre Royal, will be the
clown, and the cast of the opening will include Miss
Marriott and the entire corps dramatique.

ho C.l-_,•anist of the Blind Institution, has
introduced a novel feature at his musical repository. He
has announced that every Wednesday afternoon he will
play the dance music of some popular composer. It will
be a good opportunity for amateurs to learn how such
music ought to be played.
FATAL ACCIDENT ON BOARD THE MAIDEN CITY.—
On Friday night, between nine and ten o'clock, as the
Maiden City steam-ship, plying between Liverpool and
Londonderry, while the vessel was in the Irish Channel,
the plug of the feed pipe of the boiler was suddenly blown
out by the force of the steam. A coal trimmer, named
Michael M•Loughlin, being in the immediate vicinity, was
so severely scalded by the steam and boiling water, as to
cause almost instant death. Another man, named Kennedy
was also very severely scalded, and now lies at the Northern
Hospital. An inquest on the body of the deceased was
held yesterday, from which it appeared that the pressure of
steam on the boiler was not more than ten lbs. to the square
inch at the time of the occurrence; that the boiler, which
was comparatively a new one, was cc all appearance in
good order, and that the safety valve was loaded to twelve
lbs. to the square inch. In this case, a verdict of " Acci-
dental death" was recorded. The deceased was about 19
years of age, and a native of Londonderry.

[ADVERTISEMENT.
11
MERCHANTS' NEW 1) NING-ROOMS,
SLATER-COURT, CASTLE-STREET.

Mn. FE NY at the dose of the first week of his operations
at his new establishment, begs most gratefully to acknow-
ledge the truly unexampled support he has met with from
hiA frianric has far exceeded his ex-

But whilst thus conveying his thanks for the encourage-
ent he has rPePivini_ he fees that he is. also indebted to

aaal...a.. WIC 1 C,CI \MU,
those who have favoured the new roomswith a visit, or the
forbearance and kind consideration they have shown in
making allowances for any inadvertenciea or omissions which
• pon.blishment_ mut

necessarily arise in the worxing .....
have been rendered still more unavoidable by the great influx
of patrons during the week.
The Kitchen-range has been found too small to supply,
with the necessary rapidity and completeness, the demand of
the numerous customers who have favoured the New Dinh,-
rooms with a trial, but Mr

Feeny has the satisf

nouNce, that pruu.,,t measure. ..e uuviate
every deficiency; and, whilst requesting the indulgence of
his friends, he hopes that, in a short time, the experience of
the first few days will enable him to render the Merchants'
New Dining-rooms perfect in every respect.

WAVER TREE COMMISSIONERS' OP
HEALTH.

Lisx night, an. adjourned meeting of the Wavertree
Commissioners of Health was held, in accordance with a
resolution passed at the last meeting, to receive a report
as to the expediency of joining with the neighbouring
townships of Allerton, Garston, Childwall, and Woolton,
in an endeavour to procure accommodation for a cemetery.
There were present, belonging to the Wavertree Board,
the Rev. W. Badnell, chairman, presiding;
Davis, Picton, Rishton, and Witham
Mr. ANDREWS, assistant overseer of Garston, intimated
that the inhabitants of that township were in treaty
with Mr. Lightbody for a piece of land adjoining the
church, for the purposes of a cemetery.
The OVERSEER of Allerton and Woolton said that no
movement had been made in that township, and he had
attended merely for the purpose of acquiring information.
He might mention, however, he said, his own impression
that the- two places he was connected with would join
Garston

lessrs. Bowers,

From Childwall it was intimated that the inhabitants
expected to effect a purchase of land suitable for their
wants, on their own account; and a letter was read from
Mr—Holland, Much-Woolton, stating that there a Burial
Committee-had been formed, and they were acting inde-
pendently.
On consideration of this state of matters, the Waver-
tree Board agreed that it was inexpedient to proceed fur-
ther in the affair, and, on the motion of
Mr. PICTON, it was agreed to call a meeting of the town-
ship for Friday evening, and recommend that further con-
sideration of the subject be postponed for the present.

ORDINARY BUSINESS.
The first ordinary business proceedel with, was consi-
deration of a resolution, passed at last meeting, ordering
the Board to give notice to the proprietors of Oliver-lane
to have that thoroughfare paved and sewered ; and
The-LAW-cLEBK was requested to explain how the
Board was to proceed for the purpose of having this reso-
lution carried out in unison with the general plans pro-
poSed by Mr. Newlands.
Mr; Prewrox said, if in all such small matters as this
the board was to have reports from, and consultations
with Mr. Newlands, or other engineers, it would be
found a very expensive mode of procedure. It might be
well enough for the board to order alterations; but it
would be found the proprietors had to pay for them,—a,
condition of the arrangement they would not like.
mixed conversation ensued, in which several mem-
bers took part ; in the course of which it was stated by
the Law-clerk, that the board was entitled to take any
thoroughfare and declare it a highway, if satisfied with the
condition in which it was, if they chose to take it as a
matter of adoption ; but if the proprietors insisted on its
being so received, they must first satisfy the board that
the conditions of the statute had been fully complied with.
The conversation ended by ,

3ar.. PlcxoN giving notice that, at next meeting, he
should move that the resolution in question be rescinded.

PROGRESS OF SANITARY ARRANGEMENTS.
A letter was read, addressed to the chairman, by Mr. C.
Macaulay, Secretary to the General Board of Health, re-
questing to be informed when the Local Board would be
in a condition to abolish the use of cess-pools ; when the
combined works for drainage and water supply would be
completed ; and also to be fnrnished with information as
to the general state of the works in progress under the
charge of the Local Board.

The Law Clerk was instructed to reply in general terms
that the works in question are making satisfactory pro-
gress towards completion.

PUMPING

THE TANK

Aletter from Mr. J. Blaikley, contractor for the sewerage,
was read, denying his responsibility for keeping the tank
clear of water, or for any damage which may arise from its

accumulation,

Mr. PICTON said he had been informed that Mr. Young,
if permitted, was prepared to make a cheap temporary
sewer, the expense of which he understood would not
exceed £3O ; and which would effect the removal of any
back-water, or fl( o ling in the cellars.

Mr. Yov was called in to explain his plan, which he
said would consist of a temporary sewer of about 100 yards
in length, extending from near the tank to the bottom of
Mr. Chaffers's garden. This he said would effectually
prevent the back-water from ever accumulating to a greater
depth than 18 inches in the sewer. The expense of it, he
thought, would be about ss. per yard at the deepest part,
but its general expense would not be more than 4e. per
yard, and in all would not exceed £25.

The sewer was ordered to be carried into effect, and the

meeting adjourned,

LIVERPOOL BANKRUPTCY COURT,
YESTERDAY.

Before Mr. Commissioner PERRY.)

RE PEVEREL.Lr. —ADJOURNED LAST EXAMINATION.
In this case, which had been frequently before the court
by adjournment, Mr. Pemberton appeared on behalf of the
bankrupt, who was opposed by Mr. Yates.
In answer to questions by Mr. Yates, Peverelle said he
could not give any better account of the state of his
affairs than that contained in his balance-sheet ; he also
said that he could not give any further account of the
papers which had been produced before the arbitrators in
reference to the claim he had against the Insurance Com-
pay, viz., that they had been destroyed.
Mr. Yates said that in the course of the present and
previous examinations he had put all the questions to the
bankrupt which he considered right. It would be for the
court to say whether such an account of the bankrupt's
affairs had been given by him as would fulfil the require-
ments of the statute, and entitle him to pass on his last
examination. The property of the bankrupt, he remarked,
might be stated as of three kinds, that which had been
destroyed by fire ; that which had been partially injured,
and on which salvage had been paid ; and that which had
sustained no injury. Of the latter class, property worth
about 4600 say £592 15s 10d, had been in the bankrupt's
possession after tne auu u.a wxyuiltml Ayr 300.
The accounts, he considered, were altogether of a very
unsatisfactory character, and under the circumstances he
should submit to his honour what was the best course to
be adopted in the case.
Mr. Pemberton said the accounts given in were the
best which could be got under the circumstances ; and, as
for the papers sent from the arbitrators' office to the
bankrupt, and on which Mr. Yates appeared to lay so
much stress, they were of little or no value. They con-
sisted chiefly of invoices.

His Honour
a case as this.

But invoices are very important in such

Mr. Pemberton said the wife of the bankrupt and the
boy who was in his employment burnt the papers referred
to, under the impression that they were of no value. He
explained that the goods represented as being uninjured
were, in the first instance, believed by the bankrupt to be
so, and valued accordingly. Subsequently they were found
on examination to be materially injured, and in actual
value were not more than had been accounted for. He called

Louis Bland, a youth about eighteen years of age, who
had been in the employment of the bankrupt.—ln August
last a basket containing papers was brought to Mr.
Peverelle's, but he did not know where they had been
brought from; although he saw the basket and papers in
the office of Mr. Banner. In a few days after they had
been brought to Mr. Peverelle's, the basket and papers
were taken up stairs into a top-room, where they remained
till Peverelle removed to new premises. The basket and
papers were taken by witness to the new premises, and
after he (witness) had made an ineffectual attempt to
carry them up stairs, they were taken into the kitchen, and
by Mrs. Peverelle examined. She then gave them towitness,
who burned them,on the representation that they were of no
use. All that were in the basket were burned in Mrs.
Peverelle's presence. Mr. Peverelle was out when this
done. Was in the employment of Mr. Peverelle before the
fire. He kept books, probably five or six, as nearly as
witness could tell. They were usually left on the counter
at night. The invoices were kept on files hung up in the
shop. Witness was in the shop the morning after the fire,
and saw one file partly burnt. All the books were burned
but two. [Witness was shown four small books, but said
none of them were the books referred to by him.] Wit-
ness does not know what accounts were kept in those
books, but saw them in the shop two or three days after
the fire. The two books referred to had been before the
arbitrators; but witness did not see them in the basket.
Witness saw nothing burned but papers.
Mr. YATES contended that under such circumstances
the bankrupt had no right to expect that he should pass
his final examination, when he must know that there were
two books in existence which he had failed to produce or
account for.

His Honour said that, under the circumstances, the
examination must be acljourned. He would suggest that
the assignees should institute a prosecution against the
bankrupt for not producing the books referred to. He
also said that the court could direct a prosecution against
the bankrupt for having given a false statement of his
affairs, and he should direct such a prosecution to be
raised. The adjournment would be for four months, and
he should not grant any order for protection.
The other cases before the court were not of general
interest.