, 1892-02-03

Will should die before confirmation thereon
had been obtained and has come to hand, and
the Will 90 above stated, has been entered in
the protocol or has been sent In to the Gov
ernor General to be sent with his recommends
tlon for confirmation, or some authentic copy
thereof exists, then and in the meantime until
the grant of confirmation can come to hand,
nothing shall be done that could be opposed
to the Will, but in every respect where it il
requisite to act or to make a decision, the con-
tents Of the Will shall be followed" This, of
course, refers to a period when the local
Government had no power to confirm such
Will since then the local Governme 1t has
got snch power, and the question will not
arise; but certainly it is in opposition to tho
VIII to take inventory of the elects of an
estate when the ~testator has forbidden it In hiR
Will. has excluded ell interference of the
Dealing Court. Even if that law be set aside
and the Dealing Cours has TO make registration
or inventory. it should then be done at once
and not eight days after, or longer and what
is more in this case, the Dealing Master knew
that the grant had been sought but had not
vet arrived and that the delay was owing to
the fact Of such matters having now to be sent
over to the Governor, residin2 In st. Thomas.
and, that the memoirs had been several days in
the hands of the Dealing Master before 1t was
sent in to the Government. A reason for making
the registration was that the keys were in the
hands of one of the Legatees, but that was an
founded, as it was not the case ; the legatee who
hadbeen willed ell the furniture, she had the key
Of the apartments the papers OF value and
the bank book was in the possession OF one or
the executors. Then again, 1T WAS SAID that 1t
would be detrimental to the public fees not to
take inventory; but the Dealing Court had
- A. .On&~
who were known and admitted to Do trust
worthy men besides that, there are other
cases where the inventory has been postponed
for IA days, 3 months, in Estates under Ad-
ministration. Hence there is no reason given
for the proceedings. The only way in which
it could be explained would be to suppose
that it was intended to throw a slur ON the
reliability and solvency of the Executors but
neither could that hold good, because the
Dealing Master had certified that they are
capable and solvent. Then again it must not
hc forgotten that the general view and intent
il appointing Executors is TO avoid the Deal"
ing Courts interference on tho whole
the Dealing Court is, from what ressol. he
could not say, not liked anti everywhere
except Christiansted, can the Testators will
be achieved in that respect, g kept now here
in Christiansted here the Dealing Master
differs from all the other Dealing Masters, even
in the Mother Country, according to the state
ments OF Authors, who must be respected.
The desire to exclude the Dealing court from
estates cannot be owing 70 the idea that the
court could not sdministrate the Estate as
we'll, but there is prevailing a feeling Of dislike
to the Dealing Court modelling with their
affairs. The circumstance that the Seat Of Gov.
eminent is in st. Thomas, should make no
change in that respect if so, steps should be
taken to prevent the public from suffering by
a delay Of the kind. lie woul now ask the
Government ( it does not feclitself competent to
take steps Enthusiastically to prevent the
recurrence of cases Of this kind, then at all
events to procure legislative enactp'ents on
that head. 1t 10 an administrative act on the
part Of the Dealing Master, in SO far a. relates
to the writing of only q few words on the
memorial and also az relates to the delay in
forwarding the memorial, and in this respect
the Government seems not TO lack competen.
CIV. and he would add that even if it might be
so that he has not the law strictly on his side,
he is morally right in the view he takes. There
are people enough versed in similar matters
who can tell how matters have been dealt with
heretofore under similar circumstances, and he
would in conclusion say. that it. appeared TO
him.but just and fair, that at all events the
fee for the registration should be refunded to
the Executors.
The GOsssrnor: Before entering upon the