« PreviousContinue »
their mother at a distance of upwards of fifty miles from London, and that the family were in narrow and distressed circumstances. The petition suggested, that as Mrs. Steed lived at a distance from town, and as, by reason of her being a married woman, she was incapable of executing a valid power of attorney, the Court might authorize her solicitor and next friend to receive the dividends on her behalf, on his producing a receipt for them signed by herself.
Mr. Hetherington for the petition.
The MASTER of the Rolls, by his order, directed that the dividends to become due upon the 201. long annuities, should be paid to the petitioner Elizabeth Steed, on her sole receipt, or to Mr. Hudson, her solicitor and next friend, Mr. Hudson undertaking to pay the same to the petitioner.
Reg. Lib. B. 1832, fol. 1972.
The Bishop of EXETER v. Lord and Lady WARD.
son, who, at
The trustees U NDER the will of the Earl of Dudley the defendunder a will, in which a life
ant Lord Ward was entitled to an annuity of annuity of 6000l. a year for life, and also, during his life, to the tes60001. a year, and otherca, tator's mansion-house at Himley in Staffordshire, and to considerable the right of presentation to all livings, the advowson benefits were given to a per- whereof or presentation to which belonged to the the death of testator. the testator, was confined in a lunatic The bill was filed by the trustees of the Earl of Dudasylum, filed a ley's will. It stated that applications had been made to bill for the directions of them by the defendant Lady Ward, the wife of Lord the Court, in Ward, representing that Lord Ward was of unsound executing the trusts of the mind, and had been confined in a lunatic asylum for two will relative to the lunatic.
years prior to the death of the Earl of Dudley, and that
yes The wife of he still continued of such unsound mind, and requesting the lunatic
that an allowance might be made to her out of the 60001. petition, pray- a year given to Lord Ward by the Earl of Dudley's will ing an allowance out of for the maintenance of Lord Ward, herself, and family, the income and for keeping up the mansion-house at Himley. The given to the lunatic, and trustees by their bill further stated that they could not the Court
with safety act in the premises without the sanction and thereupon re. ferred it to indemnity of the Court, and they therefore prayed the the Master to inquire into
o directions of the Court therein. his state of mind, and the Master having
Alter une nuing Oi
After the filing of this bill a petition was presented reported that by Lady Ward, setting forth a number of circumstances he was of unsound mind,
shewing and not competent to the management of his affairs, the Court upon the petition of the wife to confirm the report, directed the trustees to apply to the Great Seal for a commission of lunacy, and referred it to the Master to inquire what in the meantime would be a proper allowance to be made to the wife,
shewing the state of Lord Ward's mind, and the affi- 1833. davits of physicians in that respect, and praying an Bis allowance out of the annuity given to Lord Ward by EXETER the Earl of Dudley's will.
Lord and Lady
WARD. Upon the hearing of this petition the Master of the Rolls referred it to the Master, to inquire into the state of Lord Ward's mind, and to report thereon to the Court.
The Master reported that he had made inquiry into the matters referred to him; that the affidavits of Dr. M'Michael, Dr. Monro, and other persons had been laid before him, and that he was of opinion that Lord Ward was of unsound mind, and not competent to the management of his own affairs.
A petition was now presented by Lady Ward, praying that the Master's report might be confirmed, and that thereupon a proper allowance might be made to her out of the annuity of 60001. to which Lord Ward was entitled under the Earl of Dudley's will.
Mr. Kindersley, for the petitioner.
The Master of the Rolls.
Considering the nature and extent of Lord Ward's interest under the Earl of Dudley's will, and the report which has been made by the Master with respect to Lord Ward's state of mind, I ain of opinion that the trustees cannot properly proceed in the execution of the trusts of the will, with reference to Lord Ward, unless a commission of lunacy is taken out against him. Let the plaintiffs, the trustees, immediately apply to the Great Seal for such commission. And let it be referred to the
Master to inquire and state what would in the meantime of be a proper allowance to be made to Lady Ward, out of EXETER the 60001. a year, for maintaining Lord Ward, herself, Lordand Lady and family, and for keeping up the mansion-house and
park at Himley.
The Master having accordingly reported that 30001. a year would be a proper sum to be allowed to Lady Ward for the purposes before mentioned, that report was subsequently confirmed by the Master of the Rolls, after an ineffectual opposition on the part of Mr. James, who, as counsel for Lord Ward, applied that the drawing up of the order might be stayed till the result of the then pending petition for a commission of lunacy should be known. That petition came on very shortly afterwards before the Lord Chancellor, who heard the matter in his private room. His Lordship ultimately refused the application; and the parties thereupon, by arrangement among themselves, declined to take any further proceedings under the orders made at the Rolls.
PROUDLEY V. FIELDER.
IN contemplation of a marriage between Mr. Philip It was stipuHolman Leader and Mrs. Lydia Dawson, articles ated
riage articles, of agreement were entered into between them, and that monies
in the funds, signed by both parties. After stating that Mr. Leader was seised of a certain freehold estate therein described, of the in-.
tended wife, situate at New Brentford, and that Mrs. Dawson was should be possessed of certain copyholds of inheritance therein for her sole
and separate described, situate at Isleworth and Old Brentford, and use, to all that Mrs. Dawson was also possessed of monies on
purposes, as if securities, and of monies in the government funds, the she were sole articles continued as follows:-“A marriage is in- wiedheld
and unmartended to be had between Mr. Leader and Mrs. Dawson ; upon the
death of the and it is agreed that Mrs. Dawson shall, on such wite without marriage taking place, surrender the said copyholds to issue and
without havthe said Mr. Leader in fee, and that all other the estate ing made any and effects of the said Mrs. Dawson shall, upon the said appol
of the promarriage taking place, be and become the property of perty, that the
1. husband was the said Mr. Leader, except the monies in the funds. And it is agreed that the said monies in the funds shall as her ad
ministrator, be for the sole and separate use of the said Mrs. Dawson, and not her to all intents and purposes, as if she were sole and next of kin. unmarried; and that the said monies shall be conveyed or transferred to trustees, and a proper settlement executed, so as fully to carry into effect the intention of the parties; and in case of the said marriage taking effect, and the said Lydia Dawson surviving the said Philip Holman Leader, she the said Lydia Dawson shall hold and enjoy the rents and profits of the freehold estate of the said Philip Holman Leader for her life.”