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![handle is hein.slavery/ssactsengr0755 and id is 1 raw text is: WOODS V. WOODS
over for a few days to give the parties an opportunity of themselves making some
amicable arrangement of that kind), the order must be drawn up in such a way as
to protect the fund.
March 16. The petitions having come on again, an order was made that the
Petitioners respectively should be at liberty to go in before the Master and watch
the proceedings under the decree, and to propose proper persons as trustees and
,sub-trustees or managers of the charities and estates in the petitions respectively
mentioned; and that the Master should proceed upon such proposals accordingly.
And his Lordship reserved the consideration of the costs of these applications, and of
1401] the proceedings to be thereupon had, until after the Master should have made
his report, upon the understanding that there was in no event to be more than one
bill of costs, as if one petition only had been presented, and as if one solicitor only
for both petitions attended the Master.
(1) In the case of Attorney-General v. The Ir'onmongers' Company (2 Mylne & Keen,
.576), where one of the charitable trusts was for a similar purpose, Master Cox, before
whom the decree was prosecuted, issued an advertisement calling upon all charitable
:societies ,having objects analogous to the object of that charity, to lay before him
any scheme or proposals. On the retirement of Master Cox, soon afterwards, the
cause was transferred to his successor, who, on having a scheme submitted to him
on the part of the Society for the Emancipation of Slaves in the West Indies, refused
to receive it.
An application was thereupon made to Lord Chancellor Brougham, by Mr.
Bethell, on behalf of the society, when his Lordship ordered that the society, at their
-own risk and expense, should be at liberty to attend and lay proposals before the
Master. Neither the Attorney-General nor the relator was served with notice of
-the application.
Subsequently, in the same cause, an ex parte order of the Vice-Chancellor's to the
like effect, obtained by the Society for the Relief of Small Debtors, but not guarded
-in the same way as to the costs, was, on the application of the Ironmongers' Company,
'discharged by his Honour, with costs.
WOODS v. WOODS. April 18, 20, [1836].
[See lRaikes v. Ward, 1842, 1 Hare, 449; Crockett v. Crockett, 1848, 2 Ph. 558;
Lambe v. Eames, 1870, L. R. 10 Eq. 273; L. R. 6 Ch. 597.]
-A testator devised certain estates by name, together with his farming stock and
furniture, to his beloved wife to sell, to discharge all his creditors; and he
constituted his wife and T. W. his executors, whom he appointed to sell and
dispose of all his estates and chattels, in such manner as they should jointly agree
upon, or not to sell if it seemed most advisable to keep them, or in any way they
should think proper, so that every creditor had his money, and if sold, all overplus
to his wife, towards her support and her family. Held, upon demurrer, that the
testator's children had such an interest in the devised estates as enabled them to
sustain a bill against the widow and her co-executor, impeaching a sale on the
ground of fraud, and praying an account of the rents and profits.
Robert Woods, a farmer, who had some, time previously been a bankrupt, and
'had obtained his certificate, made his will, which bore date the 4th of July 1786, and
was executed and attested in manner required for passing freehold estates by devise.
'The will, which was drawn by the testator himself, and was so strangely spelt and
-expressed as in some places to be hardly intelligible, after purporting to give to the
-testator's wife, Elizabeth, certain property described as her own estate, and as to
which no question arose, continued as follows:-
I give likewise all and every part of my estate at Blundeston, Corton, Flixon,
'Gorlston, and any other towns adjoining, and all farming'stock, crop of 'corn, hay,
household furniture, and every other thing whatsoever it be, to my well.beloved wife
iElizabeth, to sell, to discharge all my creditors, where, the money is borrowed [402]
a MY. & CIR. 401,](ViewImageLocal?handle=hein.slavery/ssactsengr0755&div=1&collection=&method=preview&ext=.png&size=3)