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in one account, or in such other manner as your Lordship shall think proper; and therein to make to your petitioner all just allowances, and particularly in respect of monies expended by him in repairs and draining on the said idiot's estate, and an allowance of the costs of your said petitioner, as well as the costs of the solicitors of his Majesty's Treasury, of this application, and of taking the said account, and incidental thereto, such costs to be taxed by the said Master; or &c. And your petitioner will ever pray, &c.

The order made was nearly in the words of the prayer of the petition, upon hearing the counsel for the petitioner, and for the solicitors of his Majesty's Treasury, to whom notice of attending the Master was directed to be given (ƒ).

Petition of Committee of the Estate, to be discharged from the Committeeship, and to pass his final Account.

To the Right Honourable &c.

The humble petition &c.

SHEWETH,

IN the matter of &c.

That-[statement of the inquisition, appointment of the committee, and grant of the custody.]

That your petitioner is now desirous, on account of his advanced age and bodily infirmities [or any other reason], of being discharged from being such committee.

That, since the passing of your petitioner's last account, he has received and paid divers sums of money on account of the said lunatic and his estate.

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Your petitioner, therefore, most humbly prays your Lordship, that it may be referred to Esq., the Master to whom this matter stands transferred, to take and pass your petitioner's accounts of receipts and payments in respect of the said lunatic's estate, from the foot of your petitioner's last account, and therein to make unto your petitioner all just allowances, and particularly an allowance of the costs of your petitioner, and of the next of kin and heir-at-law of the said lunatic, of this application and incident thereto, and of passing the said accounts; and that, upon paying into Court the balance (if any), which may be then found due from your petitioner, he may be discharged from being such committee, and that the recognizance entered into by your petitioner and his sureties may be vacated, and all other proper and necessary directions given. And also, that your Lordship will be pleased to order that it may be referred to the said Master, to approve of and appoint another fit and proper person to be commit

(f) In re Pegler, 20th August, 1831. See ante, p. 623.

tee of the said lunatic's estate, in the room and stead of your
petitioner; and that the costs, charges, and expenses of all
necessary parties incidental thereto may be allowed to such
person so to be appointed, in passing his accounts before the
said Master; or &c.

And your petitioner will ever pray, &c.

Order thereon.

pass

the petitioner's That it be referred to the Master to take and accounts of his receipts and payments for and on account of the said lunatic and his estate, from the foot of his last account passed in this matter; and therein the said Master is to make unto the petitioner all just allowances, and particularly an allowance of his reasonable and proper costs, charges, and expenses; and also the reasonable and proper costs, charges, and expenses of the next of kin and heir-at-law of the said lunatic, of this application, and consequent thereon, and of passing the said accounts, such costs, charges, and expenses, to be taxed by the said Master. And I do hereby further order, that the balance (if any) which the said Master shall certify to be due from the petitioner, on passing the said account, be by him paid into the Bank, with the privity of the Accountant-General of the Court of Chancery, in trust in this matter; and the said Accountant-General is to declare the And upon trust thereof accordingly, subject to further order. payment of the said balance (if any) into the Bank as aforesaid, I do hereby further order, that the petitioner be discharged from the committeeship of the said lunatic's estate, and that the recognizance entered into by the petitioner and ties, bearing date &c., be delivered up by the Clerk of the Custodies to the petitioner, to be vacated and cancelled.-[There was also the usual reference to the Master, to appoint another committee in the place of the petitioner; notice to be given to the next of kin of lunatic, and Accountant-General to draw &c.]

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his sure

be

Petition of Executor of Lunatic, that Receiver's Accounts may passed up to the Lunatic's Death; that his Bond, and that of the Committee and Suretics, may be vacated; and that Stock standing in the Name of the Accountant-General may be transferred to the Executor.

To the Right Honourable &c.

The humble petition &c.

SHEWETH,

IN the matter &c.

That [statement of the preliminary proceedings.]

That the said [lunatic] departed this life on or about the day of, having first duly made and published his last will and

testament in writing, bearing date the

appointed your petitioner, jointly with

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day of, and thereof

Esq., executor.

day

That your petitioner duly proved the same will on the of- -, in the Prerogative Court of the Archbishop of Canterbury. That your petitioner, as the acting executor under the said will, is desirous that the receiver's accounts should be passed before the said Master, and the balance duly accounted for; and that his recognizance should be thereupon discharged.

That your petitioner is also desirous that the bond entered into by the said as such committee as aforesaid, dated the day of, should be also delivered up by the Clerk of the Custodies, to be vacated and cancelled.

That there are now standing in the name of the Accountant-General of the Court of Chancery, in trust in this matter, [sums of stock], and in cash, the sum of £- which your petitioner is desirous should be transferred and paid to him, as such executor as aforesaid, to be applied in due course of administration.

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Your petitioner, therefore, most humbly prays your Lordship,
that it may be referred to the Master to whom this
matter stands referred, to take and pass the account of
the receiver of the said lunatic's estate, of his receipts and
payments for and on account thereof, from the foot of
his last account passed in this matter, to the day of the
death of the said lunatic; and that therein the said Mas-
ter may make unto the said all just allowances, and
also an allowance of his costs, and of the costs of your peti-
tioner and the next of kin of the said late lunatic, of passing
the said account; and that the balance which may be found
due from the said, on the passing of such account, may
be paid by him to your petitioner, as such executor as afore-
said, to be applied in due course of administration; and that
thereupon the recognizance entered into by the said,
as such receiver, and his sureties, may be vacated and dis-
charged; and that for that purpose the proper officer may
be directed to attend his Honor the Master of the Rolls with
the record of the said recognizance; and that the bond, so as
aforesaid entered into by said [committee], and — and

—, his sureties, may be delivered up by the Clerk of the Custodies to be vacated and cancelled. And that it may be referred to the said Master to tax your petitioner, and the heir-at-law and next of kin of the said late lunatic, their reasonable and proper costs, charges, and expenses incurred in and about this matter not already taxed, and of this application, and incidental thereto: and that what the said Master shall tax for such costs, charges, and expenses, may be paid by the said ———, the receiver, out of any monies in his hands belonging to the said lunatic's estate, and allowed to him on passing his aforesaid account. And that the aforesaid [stock] respectively standing in the name of the Accountant-General of the Court of Chancery, in trust in this matter, may be transferred into the name of your petitioner

as executor of the said late lunatic, to be by him applied in due course of administration; and that the said Accountant-General may also pay to your petitioner the said sum of -- cash, in the Bank, in trust in this matter, to be by him applied in like manner; 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 petitioner shall ever pray, &c,

The order made on this petition was nearly in the words of the prayer of the petition (g).

PETITIONS RESPECTING THE WILLS OF
LUNATICS (h).

Petition of the Heir-at-Law and Next of Kin of a Lunatic, that the Will and the Title-Deeds of the Estate of the latter may be deposited in the Master's Office, and that Service on one of the Next of Kin, who was Insane, may be dispensed with.

To the Right Honourable &c.

IN the matter &c.

The humble petition of A., an infant, heir-at-law, and one of the next of kin of the above-named [lunatic], and of B., C., and D., infants, three other of the next of kin of the said lunatic, by E., their father and guardian,

SHEWETH,

That-[The commission of lunacy and inquisition; the reference to the Master to appoint committees; his report as to the lunatic's property, and the confirmation thereof, were stated.]

That it is supposed the lunatic has made a will, and that such will, and also the title-deeds and writings relating to the lunatic's estates, are in the hands, custody, possession, power, or control, of the said [committees], or one of them.

That your petitioners are desirous that such will (if any there be), title-deeds, and writings, should be deposited in the office of the said Master, for safe custody.

That the said, the mother of the lunatic, is still of unsound mind, and notice of this application to her will be attended with expense, and cannot be productive of any benefit; but your Lordship's Secretary will not draw up any order your Lordship may think proper to make, without proof of service on all parties interested. That the said [mother] is in very poor circumstances, and has no

(g) In re Yorke, 11th February, 1831.

(h) See ante, pp. 334-336.

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funds belonging to her out of which the expense of issuing a commission in the nature of a writ de lunatico inquirendo could be defrayed.

Your petitioners, therefore, most humbly pray, that your Lordship would be pleased to direct, that the committee of the estate, and, the committee of the person of the said lunatic, and each of them, and all other persons whom. soever, do deposit upon oath, in the office of—, Esq., the Master to whom this matter stands transferred, the will of the said lunatic (if any there be); and also, all title deeds, writings, papers, and documents of title, relating to the estate and property of the said lunatic, wheresoever situate, in the hands, custody, possession, power, or control of the said [committee], or either of them, or of any other person, for safe custody. And your petitioners further pray, that your Lordship would be pleased to direct, that in consequence of the unsoundness of mind of the said ——, the lunatic's mother, notice of this application to her, and of any proceedings consequent thereon, or arising thereout, may be dispensed with on account of the expense attending the same; or that your Lordship would be pleased to make such further or other order in the premises, as to your Lordship may seem

meet.

And your petitioners will ever pray, &c.

Order thereon.

,

That the committee of the estate of the said lunatic, and — the committee of the person of the said lunatic, and all and every other person or persons (in whose custody, possession, power, or control, the same may be), do forthwith deposit any will, codicil, or testamentary paper of the said, the lunatic; and also all title-deeds, writings, papers, and documents of title relating to the estates and property of the said lunatic, wheresoever situate, in their, or any, or either of their hands, custody, possession, power, or control, in the office of, Esq., the Master to whom this matter stands referred, upon oath, as he shall direct, there to remain for safe custody, until further order. And I do think fit, and hereby further order, that, under the circumstances mentioned in the said petition, notice of this application, or of any proceedings arising thereout, to, the mother of the said lunatic, and one of the next of kin, be dispensed with; and let due notice of attending the said Master be given to such person or persons (excepting the said -, mother of lunatic), as would be entitled to a distributive share or distributive shares of the said lunatic's estate, in case he were now dead intestate (i).

(i) In re Ralphs, 24th June, 1831.

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