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![handle is hein.slavery/ssactsengr0876 and id is 1 raw text is: BAKER V. BRADLEY
Moreover, I cannot doubt that the executrix acted substantially upon the under-
standing that the stock in which the testator had invested what he had recovered
from the estate of Sir Charles Booth, or so much as remained at the time of his death,
was really the subject of the gift in the will. For a period of thirty-two years, since
the death of the testator, the stock has been standing in the name of a trustee, who,
by a mesne act and not by a direct act of Mrs. Stringer, has been in possession of it
for a number of years, and still holds it upon the title of the person who would have
enjoyed it if it had been included in the gift in Mrs. [531] Stringer's will. He
received the proceeds of the stock during this length of time up to the year 1851,
and applied them to purposes quite consistent with the bequest.
The Plaintiff now asserts, by this bill, a title to the fund in the hands of the
trustee, on the ground that the legacy was adeemed, and upon the footing of a
resulting trust.
Being claimed as a resulting trust, such a claim is liable to be rebutted by
evidence ; and here the evidence of the acts of the testator and the course of dealing
with the fund go to rebut the resulting trust, and to fasten upon the fund that
character in which it is claimed by the legatee and impressed with a trust for his
benefit.
The bill must be dismissed, but without costs.
Another cause of Newling v. Browne then came on to be heard, in which Mrs.
Newling claimed the £5000;. and a decree was made in that suit, giving the whole
fund, with the arrears of dividends, to Mrs. Newling.
[531] BAKER V. BRADLEY. March 27, 1854.
[S. C. reversed, 7 De G. M. & G. 597; 44 E. R. 233 (with note, to which add
Barron v. Willis [1899], 2 Ch. 586; [1900], 2 Ch. 121).]
A son, entitled in remainder to real estate expectant on the lives of his mother and
father, by whom he was maintained, a few days after he attained twenty-one, in
order to relieve his parents, who had mortgaged their life interest as a security for
monies borrowed and partly expended in improving the property, from keeping on
foot certain life policies, executed a deed charging the inheritance with the mortgage
debt, but subsequently filed a bill claiming to have the deeds cancelled on the
ground of fraud, which was disproved, and of undue influence. Bill dismissed with
costs.
The reported decision in Field v. Evans, 15 Sim. 375, ascertained to be erroneous.
This bill was filed on the 15th of May 1852 by William Baylis Baker, in order to
obtain a declaration that two indentures of mortgage, dated the 2d of December 1848,
and purporting to secure the sum of £1300 and £500, and a third indenture, dated
the 24th of October [532] 1850, to secure £700, had been improperly obtained ; and
that the two former deeds might be declared absolutely void, and delivered up to be
cancelled ; and that the indenture of the 24th of October 1850 might be declared to
be a good security as against the Plaintiff for only so much as on taking the account
might be found at the date of the deed to have been justly due from the Plaintiff to
the Defendant, Thomas Lovegrove. William Baylis, late of Painswick, gentleman,
by his will, dated the 25th of August 1835, gave certain messuages and hereditaments,
of which he was seised, to Thomas Clutterbuck Croome, as follows :- To hold the
same to the said Thomas Clutterbuck Croome, his heirs and assigns, for ever, to the
use of and in trust for my said daughter, Ann Baker, and her assigns, for and during
the term of her natural life ; and to permit and suffer her to receive the rents and
income to arise therefrom during the term of her natural life, separate and apart from
her present or any future husband, and not subject to his debts, engagements or
control ; and I declare that the receipts of my said daughter, Ann Baker, alone, or of
some person or persons authorised by her to receive any payment of the said rents
and income, after such payment shall have become due, notwithstanding her said
present or any future marriage, be good discharges for the said rents and income, or
V.-C. x.-17
513
2 SM. & GIPP. 531.](ViewImageLocal?handle=hein.slavery/ssactsengr0876&div=1&collection=&method=preview&ext=.png&size=3)