AUBREY JOHN SPENCER, AMYAND JOHN HALL, ARTHUR CORDERY, EDITOR: JOHN MEWS. SUB-EDITORS: W. E. GORDON AND A. J. SPENCER. LELAND STANFORD VOLUME LXX. [CONTEMPORARY WITH LAW REP. [1901] 1 & 2 OH.; AND LAW REP. [1901] A. O.] PUBLISHED FOR THE PROPRIETORS AT THE OFFICE OF THE LAW JOURNAL REPORTS, 119 CHANCERY LANE, LONDON. 1901. The Right Hon. the Earl of HALSBURY, Lord High Chancellor. The Right Hon. Lord MORRIS, Lord of Appeal [Died Sept.]. The Right Hon. Lord DAVEY, Lord of Appeal. The Right Hon. Lord ROBERTSON, Lord of Appeal. The Right Hon. Lord LINDLEY, Lord of Appeal. MEMBERS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. The Right Hon. the EARL OF HALSBURY, Lord High Chancellor. The Right Hon. Lord MACNAGHTEN The Right Hon. Lord MORRIS [Died Sept.]. Lords of Appeal in Ordinary under the Appellate The Right Hon. Lord DAVEY The Right Hon. Lord ROBERTSON The Right Hon. Lord JAMES OF HEREFORD The Right Hon. Sir RICHARD COUCH The Right Hon. Sir FRANCIS JEUNE Jurisdiction Act, 1876 (39 & 40 Vict. c. 59). Privy Council Act, 1833 (3 & 4 Will. 4. c. 41), s. 1. Privy Council Act, 1833 (3 & 4 Will. 4. c. 41), 8. 30. Judicial Committee Amendment Act, 1895 Retired Judge of the Court of Session in Scotland. Retired Judge of the Chancery Division. HIS MAJESTY'S COURT OF APPEAL. The Right Hon. the Earl of HALSBURY, Lord High Chancellor, President. The Right Hon. Sir NATHANIEL LINDLEY, Master of the Rolls. The Right Hon. Sir ARCHIBALD LEVIN SMITH, Master of the Rolls [Resigned, and died Oct.]. The Right Hon. Sir RICHARD HENN COLLINS, Master of the Rolls [Oct.]. The Right Hon. Sir FRANCIS HENRY JEUNE, K.C.B., President of the Probate, Divorce, and Admiralty Division. The Right Hon. Sir JOHN RIGBY, Lord Justice of Appeal [Resigned Nov.]. The Right Hon. Sir RICHARD HENN Collins, Lord Justice of Appeal. The Right Hon. Sir ROLAND VAUGHAN WILLIAMS, Lord Justice of Appeal. The Right Hon. Sir ROBERT ROMER, Lord Justice of Appeal. The Right Hon. Sir JAMES STIRLING, Lord Justice of Appeal. The Right Hon. Sir JAMES CHARLES MATHEW, Lord Justice of Appeal [Oct.]. The Right Hon. Sir HERBERT HARDY COZENS-HARDY, Lord Justice of Appeal [Nov.]. HIS MAJESTY'S HIGH COURT OF JUSTICE. CHANCERY DIVISION. The Right Hon. the Earl of HALSBURY, Lord The Hon. Sir HERBERT HARDY COZENS-HARDY. High Chancellor, President. The Hon. Sir ARTHUR KEKEWICH. BYRNE. WIDDRINGTON The Hon. Sir GEORGE FARWELL. KING'S BENCH DIVISION. The Right Hon. Lord ALVERSTONE, G.C.M.G., The Hon. Sir JAMES CHARLES MATHEW. The Hon. Sir JOHN CHARLES DAY [Resigned The Hon. Sir ALFRED WILLS. The Hon. Sir WILLIAM GRANTHAM. The Hon. Sir WILLIAM RANN KENNEDY. The Hon. Sir THOMAS TOWNSEND BUCKNILL. PROBATE, DIVORCE, AND ADMIRALTY DIVISION. Sir ROBERT BANNATYNE FINLAY, K.C., Attorney-General. President. The Right Hon. Sir EDWARD HENRY CARSON, K.C., Solicitor-General. DECISIONS OF THE CHANCERY DIVISION AND ON APPEAL THEREFROM TO THE COURT OF APPEAL AND HOUSE OF LORDS AND CASES IN LUNACY. Trustee-Appointment of Judicial Trustee-Person not Named in Summons — Jurisdiction-Judicial Trustees Act, 1896 (59 & 60 Vict. c. 35), s. 1, sub-ss. 1 and 3; Judicial Trustee Rules, 1897, rule 23 (1). On an application to appoint a named person or the official solicitor as judicial trustee, if the Court is not satisfied of the fitness of the named person there is jurisdiction to appoint a third person suggested by the retiring judicial trustee. children of the marriage, were entitled in remainder, as tenants in common in tail with cross-remainders, and certain personal estate of between 4,000l. and 5,0007. in value, invested on mortgage and bond debts, was assigned to the trustees in trust to pay the income to Jane E. Douglas for her life for her separate use without power of anticipation, and after her death in trust for Robert S. Douglas as therein mentioned, and after the determination of such trusts on trusts in favour of the children of the marriage. The settlement contained a clause under which "any statutory power of appointing new trustees was now vested in Jane E. Douglas. This action was brought in 1896 against R. G. Bolam, the then surviving trustee of the settlement, to compel him to make Appeal against a decision of Keke- good an alleged breach of trust. One wich, J. By the settlement dated June 27, 1865, made on the marriage of Jane E. Douglas and Robert S. Douglas (since deceased), real estate situate in South Acton in the parish of Feltham in the county of Northumberland, was assured to the use of the trustees J. A. Wilkinson and Mordey Douglas in trust to pay the rents and profits to Jane E. Douglas for her separate use without power of anticipation, and after her death upon trusts and limitations under which her four daughters, the only VOL. 70.-CHANC. daughter was under twenty-one years of age, and on August 9, 1897, a compromise was approved by the Court under which R. G. Bolam retired from the trusts and the plaintiffs sui juris undertook to apply for the appointment of a judicial trustee under the Judicial Trustees Act, 1896. On August 2, 1898, J. Broadway was appointed to be judicial trustee of the settlement, and the defendant Bolam was discharged. In June, 1899, J. Broadway desired to be discharged, and on June 20, 1899, Jane B |