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Legal Obituary. shire, Solicitor, aged 45. Admitted on the aged 80. He was fomerly a Commissioner of Roll Easter Term, 1830. Died March 23. Bankrupts and a Qui Tam Commissioner, and

Jope, William, of 8, Gray's Inn Square, was called to the Bar by the Honourable Son Barrister-at-Law, aged 65. He beld the office ciety of Lincoln's Inn 19th May, 1798. Died of Recorder of Liskeard, and was a Bencher of May 19. Gray's Inn, by which Society he was called to Robinson, George, late of Wellingborough, the Bar 20th June, 1820. Died May 1. Northamptonshire, Solicitor, aged 26. Ad

Lee, Thomas, of Bradford, Yorkshire, Bar- mitted on the Roll Michaelmas Tern, 1849. rister-at-Law, aged 90. He was the author of Died Jan. 26. the Dictionary of Practice and other useful Russell, Henry Charles, of 13, Golden works. Called to the Bar at Gray's Inn, 17th Square, Solicitor, aged 26. Admitted on the June 1823. Died March 14.

Roll Trinity Term, 1850. Died Jan. 30. Lodge, John, of Lancaster, Solicitor. Ad- *Saunders, Thomas, Comptroller of the mitted on the Roll Trinity Term, 1824. Died Chamber of the City of London, F.S.A. He March 21.

was a Common Councillor from 1814 to 1820, Matthews, Richard, of 4, Brick Court, and was elected Comptroller in 1841. He had Temple, Serjeant-at-Law. Called to the Bar also held the offices of Vestry Clerk to the by the Middle Temple, 25th April, 1828, and parishes of St. Martin Vintry, St. Michael made a Serjeant in 1852. Died Feb. 24. Royal, St. Benet Gracechurch, St. Leonard

Melvin, James William, of Swansea, Solici- Eastcheap, St. Mary Bothan, and Allhallows tor. Admitted on the Roll Michaelmas Term, the Great, and also of Clerk of Dowgate Ward. 1813. Died March 12.

Admitted on the Roll Easter Term, 1809. Moore, Augustus Henry, of 7, South Square, Died Jan. 25. Gray's Inn, Solicitor (firm Thomas & Moore). *Scadding, Edwin, of 1, Gordon Street, Admitted on the Roll Easter Term, 1830. Gordon Square, Solicitor (firm Scadding and Died March 31.

Son), aged 34. Admitted on the Roll Hilary Motte, William Radley Standish, Barrister- Term, 1841. Died March 22. at-Law. Called to the Bar by the Middle * Simmons, William, of 10, King's Bench Temple, 10th June, 1836. Died Feb. 11. Walk, Temple, Solicitor (firm Brundrett, Ran

Newland, Henry, of Chichester, Solicitor. dall, & Simmons), aged 68. Admitted on the Admitted on the Roll Michaelmas Term, 1840. Roll Michaelmas Term, 1831. Died Feb. 20. Died Jan. 1.

Smith, George, of 26, Argyll Street, Regent Overton, John, of Fakenham, Solicitor, aged Street, and Slough, Solicitor (firm George 79. Admitted on the Roll Easter Term, 1796. Smith & Son). Admitted on the Roll MichaelDied Feb. 19.

mas Term, 1819. Died April 5. Palmer, Nathaniel, of Great Yarmouth, Nor- Talfourd, Sir Thos. Noon, Knight, D.C.L., folk, Solicitor and Notary, aged 75. Admitted aged 58. Died March 13. (See Memoir, vol. on the Roll Trinity Term, 1800. Died March 47, p. 374). 28.

Taylor, George Henry, of 5, Nicholas Lane, Parke, James, of 63, Lincoln's Inn Fields, Lombard Street, Solicitor. Admitted on the Solicitor (firm J. and W. Parke). Admitted Roll Michaelmas Term, 1831. Died Jan. 25. on the Roll Trinity Term, 1822. Died Feb. 23. Thorp, Thomas, of Alnwick, Solicitor, aged

Pillans, William Pott, of Swaffham, Norfolk, 48 (firm Thorp and Dickson). Admitted on Solicitor, aged 56. A Perpetual Commissioner the Roll Easter Term, 1827. Died March 23. and Clerk to the Magistrates. Admitted on *Vickery, Thomas Muunings, of 25, Linthe Roll Michaelmas Term, 1822. Died Feb. coln's Inn Fields, Solicitor, aged 62. Admit27.

ted on the Roll Michaelmas Term, 1819. Plunket, Right Hon. William Conypham, Died Feb. 27. Lord, aged 90. He was called to the Irish *Vincent, George Godby, of 8, Staple Inn, Bar in 1787, and was made Solicitor-General Solicitor (firm Vincent and Freeman). Clerk for Ireland in October, 1803, and Attorney- to the Borderers' Company. Admitted on the iGeneral in Oct., 1805, which office he resigned Roll Michaelmas Term, 1844. Died Feb. 5. in May, 1807, but was re-appointed in 1822. Wailes, George, M. A., Barrister-at-Law, an June, 1827, he was raised to the peerage aged 80. A Bencher of Gray's Inn and forînd appointed Chief Justice of the Irish Court merly a Commissioner of Bankrupts for Leeds. of Common Pleas, over which he presided Called to the Bar by Gray's Inn, 11th Feb. until November, 1830, when he was made 1801. Died April 19. Lord Chancellor for Ireland, and continued to Warneford, Richard, of 6, Symond's Inn, hold that office until the appointment of Lord Chancery Lane, Solicitor. Admitted on the Campbell in his stead. Died Jan. 5.

Roll Hilary Term, 1820. Died Feb. 4. Rand, John, of Guildford, Solicitor, aged 63. Warren, John, of Exeter, Solicitor, aged so. Town Clerk, Clerk of the Peace, and Registrar Admitted on the Roll Hilary Term, 1795. of the Borough Court and Auditor of the Died Jan. 12. Union. Admitted on the Roll Michaelmas Wells, Henry, of Midhurst, Sussex, SoliTerm, 1815. Died April 3.

citor, aged 64. Admitted on the Rol Hilary Reynolds, Henry Revell, M. A., of 5, Upper Term, 1835. Died Feb. 22. Wimpole Street, late Chief Commiesioner of Willan, Leonard, of Lancaster, Solicitor and the Court for the Relief of Insolvent Debtors, Notary, aged 61 (firm Willan and Jackson). Legal Obituary.-Notes of the Week.- Superior Courts : Lords Justices.-Rolls. 209 Admitted on the Roll Hilary Term, 1815. Directors of Prisons in Scotland, in the room Died April 20.

of Mr. Ludovic Colquhoun, deceased. *Willoughby, Benjamin Edward, of 13, Clif. ford's Inn, Solicitor (firm Willoughby and MIDDLESEX ASSISTANT JUDGE. Cóx). Admitted on the Roll Trinity "Term, W. H. Bodkin, Esq., will, with the approval 1816. Died April 30.

of the Secretary of State for the Home DeWykes, Thomas Smith, of Croydon, Solici, partment, perform the duties of Assistant tor, aged 27. Clerk to the Local Board of Judge in Middlesex during the absence of Health and to the County Court for the Dis- Mr. Serjeant Adams, who has gone abroad for trict, and to the Trustees of the Croydon and the benefit of his health until the early part of Reigate Roads. Admitted on the Roll Trinity next September. Term, 1850. Died May 14.

• Marked thus were Members of the Incor- NEW CHARITABLE TRUSTS' COMMISSIONER. porated Law Society.

The Queen has been pleased to appoint the Right Hon. Lord John Russell to be the un

paid Charity Commissioner for England and NOTES OF THE WEEK,

Wales, under the provisions and for the purposes of the “ Charitable Trusts' Act, 1853,"

in the room of the Right Hon. Sir George MR. John Hill Burton, Advocate, has been Grey, Bart., resigned. From the London Gaappointed Secretary to the General Board of | zetle of. July 11.

SCOTCH LAW APPOINTMENT.

RECENT DECISIONS IN THE SUPERIOR COURTS.

-HUSBAND

AND

Lords Justices.

distribution of intestates' effects, and in the Milne v. Gilbart, July 7, 1854.

same proportions and manner as they would be

entitled by virtue of such Statutes, if such WILL. - CONSTRUCTION.

daughter or daughters respectively had then WIFE. – VEXT OP KIN OF Wife EN- died intestate. It appeared that Alice ElizaTITLED.

beth, one of the children, had married Mr. A testator directed, that in the event of any Eccles, and died in June, 1852, having had

daughter of his nephew dying without leav- issue, one child only, who died an infant during issue, her share of his estate should be ing her lifetime, and her husband having obheld in trust for the persons who would, at tained letters of administration to her estate the time of the decease of such daughter, be presented this petition, claiming her share in entitled as next of kin or otherwise to the the trust fund." The petition was heard on personal estate of such daughter, under the August 5, 1852 (reported 2 De G., M'N, & Statutes of Distribution : Held, that the G. 715), deciding against the petitioner, and it husband of a daughter dying, having had now came on for rehearing. issue one child only, who died an infant Elmsley and Hetherington, in support, cited during her lifetime, was not entitled to her Squib v. Wyn, 1 P. Wms. 378; Withy v. share on taking out letters of administra. Mangles, 10 C. & F. 215. tion to her estate, and his petition was dis- Wigram and Goldsmid, contrà, referred to missed with costs.

Bailey v. Wright, 18 Ves. 49; Watt v. Watt, 3 The testator, by his will, dated in April, Ves. 244 ; Cholmondeley v. Lord Ashburton, 6 1841, gave all his real and personal estate in Beav. 86; Kilner v. Leech, 10 Beav. 362; trust to convert, and after payment of his Garrick v. Lord Camden, 14 Ves. 372. debts, funeral, and testamentary expenses, and

Hobhouse for the next of kin. legacies, to be divided into nine equal shares The Lords Justices said, that according to among the children of his nephew, Thomas the words of the will, the husband could not Scholes Withington, as therein-mentioned, take, and the petition must be dismissed, with and be directed, that in case any one or more costs. of the daughters of his nephew should die without leaving any child who should live to

Master of the Rolls. acquire a vested interest in her or their share or their respective shares of the trust premises,

Calley v. Richards. July 9, 1854. that the said share or shares of such daughter

SOLICITOR AND CLIENT.-PRIVILEGED COM or daughters respectively so dying, should respectively go and belong to and be held in trust for the person or persons who would at A communication was made to a solicitor by the time of the decease of such daughter or

a client (the plaintif), who was unaware daughters respectively, or of the decease or that he had ceased to practise : Held, that failure of her or their child or children respec

it was nevertheless privileged, and a motion tively (whichever event should last happen), be was refused to have the evidence of such entitled, as next of kin or otherwise to the solicitor on behalf of the defendant. personal estate of such daughter or daughters This was a motion on behalf of the derespectively, under the Statutes made for the fendant in this suit, to have the evidence taken

MUNICATION ALTHOUGH AFTER RETIRE-
MENT FROM PRACTICE.

BILL TO SET ASIDE RELEASE BY NEXT OF

KIN TO EXECUTOR OF INTEREST IN ES-
TATE.--INADEQUATE CONSIDERATION.

210

Superior Courts: Rolls.-V. C. Kindersley. of Mr. Mullings, M.P., and who formerly prac- for the performance of the condition tised as a solicitor at Cirencester, as to certain must be joint and several, and not merely communications made to him by the plaintiff limited and personal, in reference to the subject matter of the suit. It appeared that three legatees had accepted It appeared that Mr. Mullings had ceased to legacies upon condition that they maintained a practise at the time the communication in ques- lunatic, and that in default of their complying tion was made.

with such condition the whole property was Lloyd and Prior in support.

given to the lunatic. R. Palmer and Cairns contrà, on the ground A question now arose on this petition, upon that the plaintiff was ignorant that Mr. Mullings the refusal of one of the legatees to give an had ceased to practise, and that the communi- undertaking for the due performance of the cation was privileged.

condition, whether the same should be joint The Master of the Rolls said, the want of and several, or merely limited and personal. knowledge of Mr. Mullings having ceased to Cotton, Karslake, and Nichols for the sepractise was evidence that the communication veral parties. had been made in confidence, and it was ac- The Vice-Chancellor said, that a joint and cordingly privileged, and the motion would be several undertaking must be given, or that the refused.

gift over would operate. Isley v. Chubb. July 10, 1854.

Tracey v. Lawrence. July 11, 1854. SPECIFIC PERFORMANCE OF CONTRACT TO

PURCHASE OF MORTGAGEE. NOTICE TO

INFANT HEIRESS OF MORTGAGOR. The acting executor under a will had represented to the plaintif, the next of kin of

The proviso for redemption in a mortgage the testator, that the value of the estate was

deed required that six months' notice should uncertain, and had eventually obtained a be given to the mortgagor, his heirs or asrelease to himself of all the plaintiff's in- signs, to pay the principal and interest beterest for 4001. The estate realised 8001. fore proceeding to a sale under the power nearly : Held, that the relation of trustee or to take possession. It appeared that and cestui que trust existed, and that the

the plaintiff, the mortgagee, had, after the release must be set aside, with costs.

death of the mortgagor, leaving an infant In this administration suit it appeared that

heiress, given the notice to the infant and upon the death of the testator in February,

also to the guardian appointed by the Court: 1852, all the legatees entitled under his will

Held, that the defendant, who had conwere dead, and that the defendant, who was

tracted to purchase, could not take objecthe principal acting executor, had called on

tion to the title on the ground that the the plaintiff and offered him 100l. for his in

heiress was an infant, and a decree for a terest in the estate as next of kin, representing

specific performance of the contract was that its value was uncertain, and ultimately

therefore made. that he had given 400l. and obtained a release

This was a suit to enforce the specific perof all the plaintiff's interest therein. The pro

formance of a contract entered into by the deperty turned out to be of the value of 8001. fendant to purchase certain property of the plain. nearly, and this bill was filed to set aside the tiff, who was mortgagee thereof with power of transaction.

sale. It appeared that the proviso for redempLloyd and Hetherington for the plaintiff; tion required six months' notice to be given to Fooks for the defendant.

the mortgagor, his heirs or assigns, before proThe Master of the Rolls said, that the deed ceeding to a sale or to take possession, and of release could not stand. One of the parties that the mortgagor being dead notice had been to the transaction was the representative of the accordingly given to his infant heiress-at-law next of kin, and the other the executor of the and to the guardian appointed by the Court. property to which it related, and they were

The defendant had contracted to purchase, but thus in the position of trustee and cestui

he objected to complete on the ground of the

que trust. The deed must therefore be set aside, infancy of the heiress-at-law. The guardian and the money be paid into Court before next was willing to join in the conveyance. Term, with costs.

Dart for the plaintiff; Hughes for the de

fendant. Vice-Chancellor Kindersley.

The Vice Chancellor said, that it could not

be presumed the accident of any disability by In re Bear's Trust. July 7, 1854. reason of the infancy of the party entitled to LEGACIES, CONDITIONAL. UNDERTAKING the equity of redemption should prevent the JOINT AND SEVERAL FOR PERFORMANCE mortgagee from obtaining possession or the

repayment of his principal and interest upon Legacies were given to three legatees on giving the notice required, and that a decree

condition that they maintained a lunatic, must be accordingly made for a specifie per who on default was to have whole :

formance. Held, that the undertaking to be given

OF CONDITION.

Superior Courts : Vice-Chancellor Stuart.

211

MARRIED WOMAN.

VOLUNTARY SETTLE

Vice-Chancellor Stuart.

Hooper v. Hooper. July 9, 1854.
Faithfull v. Gillett. July 7, 1854.

MENT._RENOUNCING.-ELECTION, OATHS IN CHANCERY ACT.--WHETHER AP

PLICABLE TO SCOTLAND-AFFIDAVIT. Certain leaseholds were assigned by a voQuære, whether the 16 & 17 Vict. c. 78,

luntary settlement by the testator in trust which abolishes Masters Extraordinary in

for sale and for payment of the diviChancery, and substitutes Commissioners

dends on the proceeds to himself for for taking affidavits, extends to Scotland,

life, and after his death to the proper and, therefore, whether an affidavit sworn

hands of the plaintiff for her sole und sethere before one of the former Masters

parate use without power of anticipation. Extraordinary is correctly described as

The premises were sold, but the testator resworn before a Commissioner for taking

ceived the proceeds, and by his will gave affidavits to be used in the Court of Chan

the plaintif' and her husband a life interest cery."

only in his estate, with a gift over to his

nephew. The plaintiff had endorsed a meThis was an application for liberty to file

morandum on the settlement upon the sale an affidavit, which was sworn in Scotland be

taking place, that she resigned all her infore one of the former Masters Extraordinary, terest thereunder, and that it was the debut who had described himself as a Commis

sire of all parties it should be treated as a sioner for taking affidavits to be used in the

nullity: Held, that the plaintif could not Court of Chancery.” The Clerk of Records and

claim under the settlement, but that eden Writs refused to receive the affidavit on the

supposing she were so entitled she was put ground that the 16 & 17 Vict. c. 78, did not

to her election. extend to Scotland, and that the description should have been as a Master Extraordinary.

It appeared that by a deed of settlement Smythe in support; Malins for the other dated in November, 1831, and which was voparties.

luntary, the testator assigned certain leaseholds The Vice-Chancellor, upon the other parties in trust for sale and for payment of the diviconsenting, directed the affidavit to be filed, but dends and interest on the proceeds to himself without deciding the question.

for life, and from and after his decease in trust to pay the income to the proper hands of the

plaintiff for her sole and separate use without Smith v. Smith. July 7, 1854. power of anticipation. The premises were sold

in 1840 under an authority from the testator,

AGAINST but he received the proceeds himself, and it BREACHES OP COVENANT BY TESTATOR. appeared that the plaintiff had on the occasion -VARYING DECREE ON PETITION. endorsed a memorandum on the deed to the By a decree in an administration suit, the effect that she resigned all her interest there. proceeds of certain leasehold property, of under, and that it was the desire of all parties which the testator was lessee, were directed it should be treated as a nullity. The testator to be divided among the residuary legatees. died in 1843, having by his will given

the rents The covenants to keep in repair and to in- and profits of his estate to the plaintiff and her sure were alleged to have been broken : husband for life, with a gift over to his nephew Held, on the petition of the executors, that on their decease. This bill was now filed to they were entitled to have an indemnity, obtain a declaration that the trustee under the and that if the purties differed as to its ex- settlement, who was also the executor of the tent, the case would be adjourned to will, held under the settlement in trust for her. Chambers.

Bacon and Steere for the plaintiff ; Craig Baggallay appeared in support of this peti- and E. Steere for the defendant. tion, which was presented by the executors of

The Vice-Chancellor said, that the settlement the testator in this administration suit, in which was in its form perfectly voluntary, and it was a decree had been made to distribute among her interest thereunder, by reason of the clause

contended the plaintiff had no power to resign the residuary legatees the proceeds of certain leasehold property, praying to have set apart a against anticipation. She, however, did not portion of such proceeds as an indemnity in consideration of the benefits to be derived

anticipate, but evidently renounced her interest against the alleged breaches of the nants to keep in repair and to insure.

under the will of the testator; and even if she De Gex for the plaintiffs, contrà, on the were not bound thereby she was liable to elect. ground that the decree could not be varied on The bill.vould therefore be disinissed but withpetition; Berrey for other parties.

out costs. The Vice-Chancellor said, that the executors were entitled to an indemoity, and the case must be adjourned to Chambers in the event

Thomas v. Cooper. July 11, 1854. of the parties differing as to its extent. EQUITABLE

EXECUTORS.

INDEMNITY

cove

DEPOSIT OF DEEDS

TO

SECURE ADVANCES BY BANK - INTEREST PAYABLE,

A deposit of deeds was made to the trustees

212 Superior Courts : V. C. Stuart.-V. C. Wood. Court of Exchequer.

of a bank to secure the amount to be found certain district specified : Held, in a suit due by the plaintif, and also a warrant of for the specific performance of the agreeattorney. The plaintif paid 700l. on the ment, that the terms were not too large, and defendants' having given notice of their in- that the plaintiff was entitled to a decree tention to proceed to-sale if the balance with costs, the form of bond to be settled at due were not paid, and S. paid the re- Chambers in case of difference. mainder, taking an equitable assignment : This was a bill to enforce the specific perHeld, that an account must be directed to formance of an agreement entered into by the ascertain what portion of the securities defendant to give the plaintiff a bond for were on the land, in order to show to what 2,000l., that he would not at any time after the part the 2 8. 3 Vict. c. 47, applied, so that Michaelmas next ensuing, or at any time durno more than 5 per cent. interest could not ing the joint lives of himself and the plaintiff, be charged.

directly or indirectly, be concerned in any It appeared that the plaintiff, being indebted trading establishment within the district comto the Chichester branch of the London and prised between Morwentstow and New Quay, Coventry Joint Stock Bank, had deposited and Launceston and Bodmin, in the county of with the defendants, the trustees of the bank, Cornwall. the title deeds to certain real estates to secure

James and Karslake for the plaintiff

. a sum of 5,500l., with interest at 5 per cent., Rolt and Giffard for the defendant, cited together with a warrant of attorney, but it was Horner v. Graves, 7 Bing. 735; 5 M &P, to be as a security for the sum to be found 768. due on a settlement of the banking account. The Vice-Chancellor said, that the bond was The defendants afterwards gave the plaintiff not void by reason of the terms being too notice of their intention to proceed to a sale large, and the defendant had had besides the unless the balance due were liquidated, and he opportunity of taking the advice of his soliaccordingly paid 7001., and a Mr. Slade paid citor. There must be a specific performance the remainder, taking an equitable assignment. with costs,—the form of bond to be settled at This bill was filed, charging that more than 5 Chambers if any difference arose. per cert. was claimed by the defendants, and that the transaction was void under the 2 & 3

Court of Erchequer. Vict. c. 37, as being secured upon real pro- Watson v. Spratley. April 29; May 2; perty. Craig and Moron for the plaintiff; Malins

July 7, 1854. and H. Stevens for the defendants.

CONTRACT FOR SALE OF SHARES The Vice-Chancellor said, that upon the re

MINE ON COST-BOOK PRINCIPLE. sult of the inquiry before the Master, which had been directed at the hearing as to the cha- Held, that a contract for the sale of shares racter of the mortage security and the dealings in a mine, carried on upon the cost-book and transactions between the parties, the rate principle, is not a contract for the sale of of discount charged was more than 5 per cent.

an interest in land within the meaning of It appeared that Mr. Slade had come forward the 4th section of the Statute of Frauds, and paid the balance due, in order to prevent and is therefore valid, although not reduced the security from being enforced, in pursuance

into writing. of the notice given by the defendants, and took This was a rule nisi granted on Jan. 13 last an equitable assignment. When that balance to set aside the verdict for the plaintiff and was paid it was understood the accounts should for a new trial in this action, which was tried berendered, and although more than 5 per cent. before Martin, B., at the sittings in London could be charged upon personal security, excess after Michaelmas 'Term last. The action was beyond such amount could not be charged if the brought to recover for the non-delivery of cerreal estate were resorted to. There must, there- tain shares in a mine carried on upon the costfore, be a reference as to the amount of such book principle, in pursuance of a parol conexcess, in order to ascertain which of the se- tract. curities were within the protection of the

Cur. ad. vult. Statute.

The Court (per Alderson, Platt, and Martin,

BB., dissentiente Parke, B.) said, that the Eice-Chancellor Uniaod.

question was, whether a contract for the sale

of shares in a mine carried on upon the cost. 6.Avery v. Langford. July 7, 1854.

book principle was a contract for the sale of SPECIFIC PERFORMANCE OF AGREEMENT an interest in land under the 4th section of the FOR BOND, ---CARRYING OX TRADING ES-Statute of Frauds, and therefore void for no TABLISHMENT

being in writing. All that passed by the sale ឬ 2,0001. that he would not at any time after speculation, and there was no such interest ir

Michaelmas then ad time during the

himself

fand wybilthe plaintif, directly or indirectly, be con

and to avoid the the Statute therefore be discharged.

POP!'rd:0! 64 2001(terned in any trading establishment within a

gr. hfl sda od

"ITYIX OT

PAROL

IN
STATUTE OF FRAUDS.

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