Petition of the Committee for a Reference, as to a Renewal of Leases for Lives, for the Lunatic. That-[Statement of the commission of lunacy; the appointment of a committee; the subsisting leases for lives, with a covenant on the part of the lessees to renew on the dropping of a life; and other deeds, shewing in whom the interest in the leases was vested.] That in the opinion of your petitioner it will be for the benefit of the said lunatic's estate, that the said leases should be renewed; and your petitioner is also advised, that, for the purpose of such renewal, and in compliance with the covenant contained in the said indenture of ——, as hereinbefore mentioned, it is necessary that the said [an under-lessee of part], his heirs or assigns, should release and surrender his or their estate or interest in the premises, granted and conveyed to him by the said last-mentioned indenture; and that upon the renewal of the lease, comprising the premises so granted to the said [under-lessee], he, the said [under-lessee], his heirs, or assigns, will be entitled to have a new grant and release made to him or them of the premises conveyed to him by the said indentures of &c. [date]. Your petitioner, therefore, most 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 for the benefit and advantage of the said lunatic's estate, or is otherwise necessary and expedient, that the said leases should be renewed, upon payment by your petitioner to the said [lessor] of the respective fines of £ and £, with interest thereon, as stipulated in the said respective indentures of lease, and the stamp duties, fees, and expenses incident to such renewal; and that it may also be referred to the Master to inquire and certify who is a proper person to be nominated as a cestui que vie in such renewed leases, in the place and stead of the said —, deceased; and whether it is proper that the said [under-lessee], his heirs, or assigns, should be required to surrender his or their estate, term, and interest under the said indentures of [date], in the mises thereby conveyed to him, and that a new grant and lease of the same premises should be made to him or them for and during the lives now in being, and the life of such person as shall be named in such renewed lease or leases, at and under the like yearly rent and reservation, and with, under, and subject to the like covenants, conditions, and AAA pre agreements, mutatis mutandis, as were reserved and contained in the said indenture of [date]; or that &c. And your petitioner &c. An order of reference was made nearly in the words of the petition, with a direction for the Master, in case he approved of the renewal, to inquire out of what fund, or by what means the expenses of renewal ought to be paid. Petition to confirm Master's Report as to the Renewal of a College Lease for the Benefit of the Lunatic. That, by an order made in this matter, on the petition of your petitioner, and bearing date --, it was referred, &c. [Reference lo inquire as to terms of renewal, and the report thereon, were set forth.] Your petitioner, therefore, most humbly prays your Lordship, that the Master's said report may be confirmed, and that your petitioner may be at liberty to renew the said lease accordingly, upon the terms and conditions set forth in the said report, namely, the payment of the sum off- for the fine, and £- for fees of renewal, including the ad valorem duty on such renewal, with the reservation of the annual and accustomed fees, rents, and payments, and the reservation also of the annual payment to the vicar of 600l., with the customary allowances as hereinbefore set forth. And that the said fine and fees, amounting together to the sum of £, may be raised and paid out of the cash in the Bank, standing to the credit of this matter at the date of your Lordship's order on this petition, including the January dividends, so far as the same will extend to pay the same, and the residue thereof by sale of such part of the said £—, Bank Annuities, standing in the name of the Accountant-General in trust in this matter, as with the said cash in the Bank will raise the said fine and fees; and that the Accountant-General may be ordered to proceed to such sale accordingly; and that the proceeds thereof, together with the said cash in the Bank, may be paid to your petitioner, to be applied by him in payment of the said fine and fees. And that it may be referred to the said Master to tax your petitioner, as committee and next of kin, his costs, charges, and expenses of negotiating, applying for, and obtaining the said renewal, and all the expenses of and occasioned by the said reference and incidental thereto; and that the same, when so taxed, may be retained and paid by your petitioner out of the lunatic's estate, and be allowed him on passing his accounts. And your petitioner will ever pray, &c. The order was made according to the prayer of the petition. Petition of the Committee of the Estate for a Reference to the Master to inquire as to making an Allowance to Tenants of a Farm, for Losses they had sustained, and an Abatement of Rent (y). That-[Statement of the commission of lunacy; the appointment of a committee of the estate; the letting of the farm, &c.; and that the tenants had sustained losses in consequence of wet seasons.] That besides the losses which have already fallen on the present tenants as above detailed, your petitioner is informed by persons competent to form a judgment in such matters, that the said farm and lands are much reduced and lessened in value, since the same were let to the present tenants, by the great depreciation in value of every description of farming stock and produce, and the increase of poor and other rates, and on account of the additional sum which it has lately become necessary to pay for labour. That one of the present tenants, and some other members of his family, have been in the occupation of the said farm for many years past, and have, as your petitioner hath been informed and believes, used their best endeavours in the good conduct and management of the said farm. That the said [tenants], the present tenants of the said farm, have applied to and requested your petitioner to make them some allowance in respect of the very serious losses which they have sustained in manner hereinbefore set forth, and to make some reduction in their rent for the time to come. Your petitioner, therefore, most humbly prays your Lordship, (y) See ante, pp. 180-181. A A A 2 the rent now due, and henceforth to accrue due from the said [tenants] for rent of the said farm called — farm; and from what time such reduction or abatement should commence, and up to what time the same should continue; 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 will ever pray, &c. An order was made nearly in the words of the prayer of the petition, notice of attending before the Master to be given to the next of kin. Petition of the Committees of the Person and Estate, for a Reference to the Master to inquire as to Repairs on the Lunatic's Estate (z). IN the matter of To the Right Honourable &c. The humble petition &c. SHEWETH, a lunatic. That-[Statements of the commission and inquisition, and of the appointment of committees, and the grant of the custody.] That the said lunatic is entitled, as tenant in tail in possession, to a messuage or dwelling-house, farm, lands, and hereditaments, situate in &c., now in the occupation of That the said messuage or dwelling-house, and the farm-buildings, and also the fences of the said farm, require considerable repairs, the expense of which repairs has been estimated at the sum of 500l., or thereabouts. Your petitioners, therefore, most humbly pray your Lordship, that it may be referred to the said Master to inquire and certify whether it will be fit and proper and for the benefit of the said lunatic and his estate, having regard to the lunatic's interest therein, that the said messuage or dwellinghouse, and the farm-buildings and fences, should be repaired; and that the said Master may inquire and certify what sum will be reasonable and proper to be allowed for such repairs; and that he may be at liberty to state any special circumstances; 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. Order according to the prayer of the petition. (z) See ante, p. 202. Petition of Committees to confirm the Master's Report, made in pursuance of the Reference under last Petition. That-[Statement of the order of reference to the Master made on the last petition, and his report.] Your petitioners, therefore, humbly pray your Lordship, that the Master's said report may be confirmed; and that they may be allowed to pay the said sum of 500l. for the said repairs out of the rents and profits of the said lunatic's estates, and be allowed the same on passing their accounts before the said Master. And that it may be referred back to the said Master to tax your petitioners and the next of kin of the said lunatic their costs, charges, and expenses of the said petition and reference, and incident thereto, as between solicitor and client. And that your petitioners may be at liberty to retain and pay what the said Master shall certify to be proper to be allowed for such costs, charges, and expenses, and that they may be allowed the same on passing their accounts before the said Master. And that it may be referred to the Master from time to time to inquire and certify whether any and what repairs or improvements are necessary to be done on the estates of the said lunatic, or any of them, and out of what fund the expenses of such repairs and new buildings ought to be paid; 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. Petition to confirm Master's Report, and for Order to cut Timber on Lunatic's Estate (a). IN the matter of a lunatic. To the Right Honourable &c. The humble petition &c., the committees of the estate of the above-named lunatic. SHEWETH, That by an order made in this matter, upon the petition of the said [committees], bearing date the 9th day of March, 1832, it was ordered, that it should be referred to the Master to whom this (a) See ante, pp. 181–182. |