and retained for her own exclusive and private use, several other sums of 501. each, and upwards. Your petitioner, therefore, humbly prays your Lordship, that it Petition of the Committees for confirming the Master's Report, stating his Opinion, that a Bill filed against the Lunatic for compelling the Renewal of a Lease should be resisted. To the Right Honourable &c. IN the matter &c., a lunatic. The humble petition of &c., the committees of the estate of the above-named lunatic. SHEWETH, That by an order made in this matter on the petition of your (r) The substance of the order made on the last petition, is stated ante, p. 144. In re Jodrell, 13th Aug. 1829. petitioners, bearing date the 3rd day of April, 1828, it was (amongst other things), &c. [Recital of reference to the Master, to inquire what proceedings should be taken for obtaining possession of property comprised in a lease, and for resisting a suit which had been instituted for compelling a renewal.] That, in pursuance of the said order, the said Master made his report, &c. [There was a statement of the lease, of a bill filed for compelling a renewal of it, and a state of facts, shewing upon what grounds it was resisted by the committees, and the Master's opinion that it ought so to be.] Your petitioners, therefore, humbly pray your Lordship, that the Master's said report, dated &c., may be confirmed; and that your petitioners, as the committees of the estate of the said lunatic, may be permitted to resist the claim of the said [plaintiff for a renewal of the said lease, as stated in the said report; and that your petitioners may be permitted to file their answer to the said bill of the said [plaintiff“], and to defend the said suit, in order that the opinion of the Court may be taken upon the rights and obligations of all parties interested in the matters stated and set forth in the said bill of complaint of the said [plaintiff']; and that it may referred to the said Master to tax your petitioners, and the next of kin of the said lunatic, their costs, charges, and expenses not already taxed and allowed in this matter, and of the proceedings in resisting the claim of the said [plaintiff], and of this application, and consequent thereon; and that what the said Master shall certify to be the amount thereof respectively, may be raised by the Accountant-General of the Court of Chancery, by a sale of a sufficient part of the £--, 31. per cent. Consolidated Annuities, standing in his name, on the credit of this matter, and paid to the solicitors of the respective parties; or that your Lordship will be pleased to make such further or other order in the premises, as to your Lordship shall seem meet. And your petitioners will ever pray, &c. (s). Prayer of Petition of Committee for Reference to inquire as to the Expediency of instituting Proceedings in Equity. To the Right Honourable &c. The humble petition &c. SHEWETH, IN the matter &c. That, [Statement of the facts, shewing how the claim arose.] (s) An order was made according to the prayer of the petition. In re Harris, 20th March, 1832. Your petitioner, therefore, humbly prays your Lordship, that it may be referred to the Master to whom this matter stands referred, to inquire and certify, whether it will be fit and proper, and for the benefit of the said lunatic and his estate, that any and what proceedings should be instituted to ascertain the rights of the said lunatic, and of all other the parties interested in the premises; and that it may be ordered at whose expense such proceedings, if any, shall be carried on, and out of what fund the costs to be occasioned thereby shall be paid; or &c. (t). Petition of the Committees of the Estate of the Lunatic, and of the Committees of the Person, for a Reference to the Master to inquire, if for the Benefit of Lunatic's Estate that Terms of Compromise should be accepted. To the Right Honourable &c. - The humble petition &c. SHEWETH, IN the matter &c. That [statements of the inquisition under a commission of lunacy, and the circumstances respecting a debt due to the lunatic's estate.] That your petitioners have caused inquiries to be made as to the circumstances of the said [debtor], for the purpose of ascertaining if any sum of money could be obtained from him, in addition to the sum offered by -; but it turns out that the said [debtor] is not, and has not for several years been in a situation to contribute any thing for that purpose; and that, in the year 1829, he became insolvent, and then compounded with such of his creditors as would accept composition, and still continues in an insolvent state, having lost a situation which he had held in the house of Messrs. ——, and being now supported, together with other members of his family, almost entirely by the charity of his friends. That the said have received some sums of money on account of the said lunatic's property in That your petitioners are of opinion, that the same, together with any sums of money which may be recovered from the said by way of compromise or otherwise, would be employed most for the benefit of the said lunatic, if the same were invested in the purchase of Government life annuities. Your petitioners, therefore, most humbly pray your Lordship, that it may be referred to -, Esq., the Master to whom this matter stands transferred, to inquire and state to the Court, whether it will be fit and proper and for the benefit of the said lunatic's estate, that the terms of compromise mentioned and contained in the said agreement of the 5th of March, 1831, should be accepted in full satisfaction of all (t) Order made according to the prayer of the petition. claims and demands against the said [debtor and surety in bond] in respect of the said bond to your petitioners, and of the dealings of the said ——, in relation to the affairs of the said lunatic; and that the said Master may inquire into the circumstances of the said [debtor], and whether, if the said compromise be accepted, the said [debtor and surety] ought to be released from all claims on them respectively in relation to the affairs of the said lunatic's estate, and the said bond to be cancelled. And your petitioners will ever pray, &c. Order thereon. That it be referred to Esq., the Master to whom this matter stands transferred, to inquire and certify whether it will be fit and proper, and for the benefit of the said lunatic's estate, that the terms of compromise mentioned and contained in the agreement of the 5th day of March, 1831, stated in the said petition, should be accepted in full satisfaction of all claims and demands of the said lunatic, or of the petitioners, as the committees of his estate, in respect of the bond entered into by [the debtor and surety], with the said committees, as mentioned in the said petition, and of the dealings of the said, in relation to the affairs of the said lunatic. And I do hereby further order, that the said Master do inquire into the circumstances of the said [debtor], and certify whether he and the said [surety] ought to be released from all claims on them respectively, in relation to the affairs of the said lunatic, and the aforesaid bond cancelled; and after the said Master shall have made his report, such further order shall be made as shall be just. And let due notice, &c. [persons entitled to distributive shares] (u). Petition of Committees that a Transcript of an Inquisition of Lunacy may be transmitted to the Chancery in Ireland, in pursuance of the Statute of 11 Geo. 4 & 1 Will. 4, c. 65, s. 41 (v). To the Right Honourable &c. IN the matter of a lunatic. The humble petition &c., the joint committees of the estate of the said lunatic. SHEWETH, [Statements of the inquisition of lunacy taken in England, and the appointment of committees.] That the said lunatic hath, by the decease of his father —, become entitled in possession to estates in the counties of Wicklow and Dublin, in the kingdom of Ireland, referred to in the said Master's report of &c. And it is therefore necessary that a committee or (u) In re Campbell, 9th July, 1831. See ante, pp. 203, 204. committees should be appointed by the said Lord Chancellor of Ireland for the care and management of the said estates. Your petitioners, therefore, humbly pray, that your Lordship And your petitioners, &c. (w). Petition of the Committee of the Estate of a Lunatic to refer Matter to Master for Scandal and Impertinence. To the Right Honourable &c. The humble petition &c. SHEWETH, IN the matter, &c. That W. B., by means of J. C., his attorney, on the 19th day of January, 1830, presented his petition to your Lordship in this matter, thereby praying (amongst other things) that your petitioner, as the committee of the estate of the said [lunatic], might pay the said W. B. the sum of £——, and that certain costs therein mentioned might be taxed and paid to J. C. as solicitor of the said W. B. out of the said lunatic's estates. That the said J. C., as the solicitor of the said W. B., did, on the 20th March instant, make and file an affidavit in support of the said petition. That the said affidavit is, as your petitioner is advised and believes, impertinent, and, in many parts thereof, scandalous as well as impertinent. Your petitioner, therefore, humbly prays your Lordship, that And your petitioner shall ever pray, &c. (x). (w) See ante, pp. 21, 22. (a) An order was made according to the prayer of the petition. In re Frank, 24th March, 1831. See ante, p. 423. |