The expense of this was estimated at 9297. It appeared that the testator had, in his life, said to one of his tenants that he would erect the feeding stalls. Mr. Walpole and Mr. Follett, in support of the petition, argued, that the proposed outlay was within the terms of the testator's will, being an "improvement" and a "necessary outgoing." Mr. Turner and Mr. Roupell, for the parties entitled to the two-eighths of the rents, opposed the petition, and argued, that this outlay might be for the benefit of the inheritance, in which they were not interested, but was not for the advantage of the tenants for life:-they observed that it was not within the terms of the will, and was not even said to be such as would increase the annual income, or to be required by the present tenants. They insisted, therefore, that the expense ought not therefore to be incurred. Mr. Walpole, in reply. The MASTER of the ROLLS. I regret to hear such a petition. This gentleman is sole trustee under the will, and is entitled to threefourths of the whole income, and the daughters of the testator, the founder of this gift, are each entitled to one-eighth. What is desired here is, that, under the name of "improvements," a large sum should be laid out upon the estate for its permanent improvement and paid for out of the income. I cannot, without regret, see such a claim made; but if it be a just one, it must be attended to. The 1850. WALPOLE V. BOUGHTON. 1850. WALPOLE v. BOUGHTON. The testator has used the word "improvements;" but it is used in connection with taxes and other outgoings, apparently referring to annual expenditure; and the question raised on this occasion is, whether the word "improvements" is to be considered in a sense wholly independent of the interests of the tenants for life. The only thing sought to be attained is, the improvement of the inheritance, and not the benefit of the tenants for life. I should understand it, if it were calculated to improve the rents, for the benefit of the tenants for life, or if it were necessary to induce the tenants to continue at their present rents; but how could the testator have intended improvements to be made, to the prejudice of the interests of the tenants for life? There is nothing in this petition tending to shew that the tenants for life are to be in the least benefited by the proposed buildings and improvements; and I do not think that they come within the words. I am not in a situation to say that some improvements might not be justifiable; but here I am asked to act, as if the interests of the tenants for life were to be left out of consideration, and, without any suggestion that the rents would be improved, or that the buildings are required for securing the continuance of the old tenants, I am asked to sanction an expense, which must diminish the income of the tenants for life. I must either dismiss the petition, with liberty to present another, or allow it to stand over. AN INDEX ΤΟ THE PRINCIPAL MATTERS. ABANDONMENT OF ORDER. ABSOLUTE INTEREST. See LIFE INTEREST. ABSTRACT. ACCOUNT. See DECREE. INTERROGATOries, 1. VOL. XII. ANSWER. un- 1. If a Defendant puts in an answer 3. APPEARANCE. 1. A solicitor was concerned in a 312 1. The "instrument" referred to Ibid. ARBITRATION. were referred to arbitration, with ASSETS. A testator had mortgaged his estate Lomax 285 Tt 2 ASSIGN- See ANNUITY. |