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 207. 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.

1833.

STEED

v.

CALLEY.

1833.

ROLLS.
July 3.

The trustees under a will, in which a life annuity of

6000l. a year, and other considerable benefits were

given to a person, who, at the death of the testator,

was confined

in a lunatic

bill for the directions of the Court, in executing the trusts of the

The Bishop of EXETER v. Lord and Lady WARD.

UNDER

NDER the will of the Earl of Dudley the defendant Lord Ward was entitled to an annuity of 6000l. a year for life, and also, during his life, to the testator's mansion-house at Himley in Staffordshire, and to the right of presentation to all livings, the advowson whereof or presentation to which belonged to the

testator.

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 them by the defendant Lady Ward, the wife of Lord Ward, representing that Lord Ward was of unsound mind, and had been confined in a lunatic asylum for two years prior to the death of the Earl of Dudley, and that he still continued of such unsound mind, and requesting that an allowance might be made to her out of the 60007. a year given to Lord Ward by the Earl of Dudley's will for the maintenance of Lord Ward, herself, and family, and for keeping up the mansion-house at Himley. The trustees by their bill further stated that they could not with safety act in the premises without the sanction and indemnity of the Court, and they therefore prayed the directions of the Court therein.

will relative to the lunatic. The wife of the lunatic presented a petition, praying an allowance out of the income

given to the lunatic, and the Court thereupon referred it to the Master to inquire into his state of mind, and the Master having

After the filing of this bill a petition was presented reported that by Lady Ward, setting forth a number of circumstances

he was of un

sound mind,

and not com

shewing

petent 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 affidavits of physicians in that respect, and praying an allowance out of the annuity given to Lord Ward by the Earl of Dudley's will.

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 60007. 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 am 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

1833.

Bishop of
EXETER

v.

Lord and Lady
WARD.

1833.

Bishop of
EXETER

บ.

Lord and Lady
WARD.

Master to inquire and state what would in the meantime be a proper allowance to be made to Lady Ward, out of the 6000l. a year, for maintaining Lord Ward, herself, and family, and for keeping up the mansion-house and park at Himley.

The Master having accordingly reported that 3000%. 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.

1833.

PROUDLEY v. FIELDER.

in

ROLLS.

July 30.

riage articles,

the property

for her sole and separate use, to all

intents and purposes, as if she were sole

and unmar

ried: Held, upon the death of the

wite without issue and

without hav

IN contemplation of a marriage between Mr. Philip It was stipuHolman Leader and Mrs. Lydia Dawson, articles lated in marof agreement were entered into between them, and that monies signed by both parties. After stating that Mr. Leader in the funds, was seised of a certain freehold estate therein described, of the intended wife, situate at New Brentford, and that Mrs. Dawson was should be possessed of certain copyholds of inheritance therein described, situate at Isleworth and Old Brentford, and that Mrs. Dawson was also possessed of monies on securities, and of monies in the government funds, the articles continued as follows:-"A marriage is tended to be had between Mr. Leader and Mrs. Dawson; and it is agreed that Mrs. Dawson shall, on such marriage taking place, surrender the said copyholds to the said Mr. Leader in fee, and that all other the estate and effects of the said Mrs. Dawson shall, upon the said marriage taking place, be and become the property of the said Mr. Leader, except the monies in the funds. And it is agreed that the said monies in the funds shall 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."

The

ing made any appointment

of the property, that the husband was entitled to it

as her administrator,