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![handle is hein.slavery/ssactsengr0809 and id is 1 raw text is: respectability, which I am satisfied would, but for his unfortunate affliction, have
been strictly performed.
That promise not having been fulfilled, the decree is found to be incorrect, and
this expense has been occasioned. I cannot think that Bolton is entitled to charge
the expense of correcting the error against his principals in the country; and on
looking at the correspondence, I am of opinion, that nothing has occurred, whereby
Mr. Allford has, by himself or his agents, exonerated Bolton from his liability
to correct the error.
Instead of sending the matter back to the Taxing Master, I will, if there be no
objection, order payment of the amount found due after deducting this sum.
Mr. Bolton is entitled to the costs of the taxation.
[275] THOMAs v. GWYNNE. THOMAS v. THOMAS. Nov. 20, 1845; Feb. 17, 1846.
An infant devisee had been ordered to convey real estate sold for payment of the
testator's debts. He made default, and was not amenable to process. The Court,
under the 1 W. 4, c. 60, s. 8, directed a person to convey in his place.
In this case, an estate had been sold for payment of the testator's debts, and an
infant devisee had (amongst other persons) been directed to convey to a purchaser.
The infant refused to convey, and an attachment issued to compel him. (See 8
Beavan, 312.) The infant was taken, but was afterwards rescuedfrom the sheriff,
and had not been since heard of.
Mr. Piggott now applied to the Court to a int some person to convey on behalf
of the infant. He referred to the statutes 1 W. 4, c. 36, s. 15, rule 15, 1 W. 4, c. 47,
s. 11, and 1 W. 4, c. 60, ss. 6, 8, 13, 18, and argued that the infant was a trustee
under the 1 W. 4, c. 60. He cited Prendergost v. Eyre (1 Ll. & Go. 11), Warburton v.
Vaughan (4 Y. & Col. (Ex.), 247).
THE MASTER OF THE ROLLS [Lord Langdale]. There seem to be three modes of
proceeding, first, under the Contempt Act, 1 W. 4, c. 36, which authorises the Court
to appoint one of the Masters to execute the conveyance, but there the party required
to execute must be in prison; secondly, under the 1 W. 4, c. 47, where the infant
must himself convey; and, thirdly, under the Trustee Act, 1 W. 4, c. 60 (extended
by the 4 & 5 W. 4, c. 23, and 1 & 2 Vict. c. 69), which enables the Court, in certain
cases only (see the 8th sect.), to appoint a person to [276] convey for a trustee. You
must bring yourself within the Act you intend to rely on.
The case stood over.
Feb. 17, 1846. Mr. Piggott again applieoi, that some person might be appointed
to convey for the infant. He argued, that the decree having ordered the infant to
convey, the infant had become a trustee, and that not being amenable to process, the
Court, under the eighth section of 1 W. 4, c. 60, had power to direct a person to
convey in the place of the infant.
THE MASTER OF THE ROLLS made the order.
[276] YEARWOOD v. YEARWOOD. Feb. 28, 1845.
Bequest of £2000 to A., and in the event of her death without children, to her heirs,
the nearest relations of her grandaunt A. Held, that A. took an absolute interest.
The testator gave all his property to a trustee, in trust for the following purposes:
- That he shall pay to my godchild Anna, daughter of my cousin Catherine de
Weever, and Mr. De Weever (whose name I think is Cornelius de Weever), the sum
of £2000, for which I hold Mr, Scott Murray's note of hand, and in the event of her
death without children, to her heirs, the nearest relations of her grandaunt De
Weever, from whom I received a legacy.
The legatee, Anna de Weever, married Mr. Yearwood and had a child. The bill
349
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THOMAS V. GWYNNE](ViewImageLocal?handle=hein.slavery/ssactsengr0809&div=1&collection=&method=preview&ext=.png&size=3)