IMAGE EVALUATION TEST TARGET (MT-3) '^'^C- 4" 1.0 1.1 I2S IttlM US ^^ 2? B4 "" US 140 12.0 |||L25 III 1.4 llll^^^ - , . . ■ i ■■■ ^ 6" - ► ^ ^ ^V-^ "> 7 ^^^ 7 (j:?^ ^ Photographic Sdences Corporation 23 WEST MAIN STRUT WEBSTER, N.Y. MStO (716) •72-4503 ^ ;V ^ a>' <^ ;^^^-/^ ^^.v^ ;\ '<^ CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian Institute for Historicai IMicroreproductions / Institut Canadian da microraproductions liistoriquas Technical and Bibliographic Notaa/Notas taehniquaa at bibliographiquaa Tha Instituta haa attamptad to obtain tha baat original copy availabia for filnting. 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Whanavar possibla. thasa hava baan omittad from filming/ II sa paut qua cartainaa pagaa blanchas ajoutias lors d'una rastauration apparaiaaant dana la taxta, maia. lorsqua cala Atait poaaibla. caa pagaa n'ont pas «ti filmias. L'Institut a microfilm* la maillaur axamplaira qu'il lui a iti possibla da sa procurar. Las details da cat axamplaira qui sont paut-4tra uniquas du point da vua bibliographiqua. qui pauvant modifier una imaga raproduita, ou qui pauvant axigar una modification dans la mithoda normala da fllmaga sont indiqute ci-dassous. □ Colourad pagas/ Pagaa da couiaur □ Pagaa damaged/ Pagaa endommagias r~| Pagas restored and/or laminated/ n Pagaa rastaurAas at/ou pelliculies Pagas discoloured, stained or foxe« Pagas dicolortes. tachat^es ou piquAos Pagaa detached/ Pagas ditachtes Showthrough/ Tranaparance Quality of prir Qualiti inigale de I'impression Includes supplementary matarii Comprend du matirial suppiimentaire r~7 Pagas discoloured, stained or foxed/ I I Pagaa detached/ r~n Showthrough/ nn Quality of print varies/ |~n Includes supplementary material/ Only edition available/ Seula Mition disponible Pages wholly or partially obscured by errata slips, tissues, etc.. hava been ref limed to ensure the best possible image/ Lea pages totalement ou partiailement obscurcies par un fauillet d'crrata. una pelure, etc.. ont iti filmies i nouveau de facon A obtenir la meilleure imaga possible. Q Additional comments:/ Commentairas supplimentairas; [Printed •phemsra] [3] p. Thia item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqui ci-deaaoua. 10X 14X 18X 22X 28X 30X y 12X iex 20X 24X 28X 32X ails du tdifier une nag* Th« copy filmed h«r« has b««n r«produo«d thanks to th« ganarosity of: D. B. WaMon Library Univartity of Wattam Ontario (Ragional History Room) Tha imagaa appaaring hara ara ttia baac quality poasibia oonaidaring tha condition and lagibiilty of tha original copy and in kaaping with tha filming contract apaciflcationa. Original copiaa in printad papar covara ara fllmad beginning with tha front covar and anding on tha laat paga with a printad or illuatratad impraa- tion, or tha back covar whan appropriate. Ail othar original copiaa ara fllmad beginning on the first page with a printad or illuatratad imprae- sion. and anding on tha laat page with a printad or illustrsted impression. L'sxempisire film* fut reproduit grice i la g4n4rosit4 do: D. B. WakkMi Library Univartity of Wattam Ontarto (Ragional Hittory Room) Lee imegee suhrsntee ont 4t* reproduites svec le plue grend soin. compts tsnu de le condition et do le nettetA de rexempieire film*, et en conformitA evec lee conditione du contret de filmege. Les exempielree origineux dont le couverture en pepier eet imprimAe sent filmAs sn commenpent per le premier plot et en terminent soit per le demiAre pege qui comporte une empreime d'Impreesion ou dlllustrstion, soit per le second plot, selon le cee. Toue lee eutres oxempleires origineux sent filmte sn commen^ent per le premlAre pege qui comporte une empreinte dimpreesion ou dlllustrstion st sn tsrminent per le demiAre pege qui comporte une telle empreinta. The leet recorded frame on eech microfiche shell contain tha symbol «■» (meening "CON- TINUED"), or the symbol ▼ (meening "END"), whictiever appllee. Un dee symboles suivents spperettre sur le demlAre imege de cheque microfiche, selon le caa: le symboie ->*> signifie "A SUIVRE", le symbols y signifis "FIN". IMepe, pletee. cfierts. stc., mey be filmed et different reduction ratioe. Thoae too lerge to be entirely included in one expoeure ere filmed beginning in tlie upper left hend comer, left to right end top to bottom, ee meny framae ae required. The following diagrame iliuatrata tlie method: Lee cartee, planchee, tablaeux, etc., peuvent Atre filmAe A dee taux de rAduction diff Arents. Lorsque le document eet trop grend pour Atre reproduit en un seul cliehA, 11 eet filmA A pertir de I'engle supArieur gauche, de geuche A droite. et de heut en bee, en prenent le nombre d'Imegee nAceeaaire. Lea diagrammes suivanta illuatrent le mAthode. rata alura. 3 2X 1 2 3 1 2 3 4 5 6 |it Chancerg* Bl'.rWKKN GKORGE HEPBURN, Plaintiff, AND PATRICK HEPBURN, JOHN HEPBURN, JOSEPH ROBERT McMASTER. ELIZABETH M. McMASTER, GEORGE ALPHONSUS McMASTER, FRANCIS MARIA MURPHY, JCHANNA DUFFY, ELLEN DUFFY, EDWARD DUFFY, DENNIS HAYES. JAMES HENRY RYAN. FREDERICK ROWLAND, ROBERT JOSEPH HAYES and FRANCIS WILLIAM HAYES (the last two defendants being infants under the age of twenty-one years), Defendants. (Citj) ot iotonta. To the Honorable the Jiid^a of the Court of Chancery. The Bill of Complaint of the above named plaintiff, George Hepburn, of the city of Edin- burgh, in that part of Great Britain called Scotland, gentleman, sheweth as follows : 1. That the late John Hepburn, of the city of London, in the county of Middlesex, in the province of Ontario, gentleman, departed this life at the said city of London, intestate, on or about the fifth day of April, A. D. 1873, without leaving father, mother widow or issue, him surviving. 2. The Plaintiff was a brother of the said intestate ; and the Defendants, Patrick Hepburn and John Hepburn are the children of the late Fransis Hepburn, deceased, who was a brother of the said intestate ; the Defendants, Joseph Robert McMaster, George Alphonsus McMaster, PVancis Maria Murphy (widow), Johanna Duffy (widow), and Ellen Duffy, are respectively children of the late McMaster, deceased, who was a sister of the said intestate ; the Defendant, Edward Duffy is the husband of the said F.llen Duffy, and the Defendant, Elizabeth M. McMaster is the wife of the said Joseph Robert McMaster; the Defendants, Robert Joseph Hayes and Francis William Hayes are the children of the late Margaret Hayes, deceased, \\\\o was a sister of said intestate ; the Defendant Dennis Hayes was the husband of the said Margaret Hayes, and is the father of said infant Defendants. 3. Your Complainant and the said Defendants, Patrick Hepburn, John Hepburn, Joseph Robert McMaster. (jeorge Alphonsus McMaster, Frances Maria Murjjhy, Jolianna Duffy, Ellen Duffy, Robert Jo. ■ '• Hayes and Francis William Hayes, are the only heirs at law and next of kin of the said intesi 4. The said Defendant. Edward Duffy, is the husband of the said Ellen Duffy, and claims some interest in the interest of his said wife in the lands hereinafter mentioned, as tenant by the curtesy or other ivise. 5. The said Defendant, Elizabeth M. McMaster, is the wife of the said Joseph Robert McMaster ar.d claims dower in the said lands. ,;; 6. The Defendant, Dennis Hayes, claims to have an interest in said lands, as tenant by the curtesy in right of his said wife deceased. 7. Shortly after the death of the said intestate, the Defendant, James Henry Ryan, took out letters of administration to the estate and effects of the said intestate, and becam- and now is the l)ersonal re])resentative of the said intestates estate, and the said Ryan took possession of the personal and real estate of the said intestate. •S. The said intestate was at the time of his death the owner in fee simple, and seized for his own use and benefit, of tiie lands and premises described as follows, that is to say : All and singular, that certain parcel or tract of land, situate, lying and being in the city of London, in the county of Middlesex, in the province of Ontario, containing by admeasurement one-fifth of an acre, more or less, being composed of lot number Sf.'ven on the south sike of Philip street, in the said city of 15- ^ London, as laid down in the plan and survey made by William Robinson, P. L. S., and registered in the Registry Office of the said city of London. Also, all and singular, that certain other parcel or tract of land and premises, situate, lying and being in the township of London, in the county and province aforesaid, being composed of lot No. twelve, in concession C, in the said township, which may be described as commencing on the northerly limit of a street laid out and known as the continuation of ICast Bathurst street, distant two hundred and seventy feet easterly from the intersection of the said northerly limit, witii the easterly limit of Adelaide street, thence easterly along the northern limit of Hathurst street aforesaid forty-five feet ; thence northerly parallel to Adelaide street to the southerly limit of the Great Western Railway to a point where a line drawn from the place of beginning northerly parallel to Adelaide .street would intersect the southerly limit of the Railway, and thence southerly to the place of beginning. 9. The said intestate, prior to his death, erected buildings and made valuable improvements on the said lands. 10. The said intestate possessed at the time of his death a considerable amount of personal property, all of which came into the hands of the said Defendant Ryan, who resides in the said city of London, where the said intestate had his domicil at the time of his death, but the particulars of which personal property your complainant is unable to set forth. 11. That some time after the death of said intestate, the said Rj'an obtained from your Complainant and one of the other heirs of the said intestate, a power of attorney, purporting to authorise him, the said Ryan, to sell the said lands and wind up the said estate and remi: the proceeds to the parties entitled, all of which .said Ryan undertook to do, but he has not carried out the said, undertaking, and has not remitted any portion of the monies or proceeds of said estate to your Complainant or any of the said parties entitled. 12. After obtaining said power of attorney, the Defendant, Ryan entered into a contract with the said Defendant Frederick Rowland for the sale to .said Rowland of the secondly described parcel of land, and the- said Ryan received part of the purchase money therefor, but no conveyance was made of said land to said Rowland, and the said contract has lever been carried out, and the plaintiff is unable to state the terms and particulars of .said contract. 13. The said Defendant Rowland, was put into possession by the Defendant, Ryan, of the land included in said contract, and claims performance of said contract under which he is in possession as aforesaid, but your Complainant is unable to say whether the said contract is a proper one, or whtther the same is valid and binding on the said heirs. 14. Ever since the death of the said intestate, the Defendant Ryan has been and now is in the possession of the said real estate, and in receipt of the rents and profits thereof, excepting as to the said portion purchased by said Rowland as to wliicli he has been in possession since the said contract and is now in pos.session, the said Rjan having been in possession up to that time. 15. That a reasonable time before commencing this suit, your Complainant demanded from the said Ryan an account of the said estate and of his dealings therewith ; but although the said Defendant Rj-aii did profess or assume to give some account, yet such alleged account was only a partial one and did not embrace all the matters aforesaid, and the Defendant has never, in fact> rendered any proper or sufficient account in the premises, but hath always neglected and refused so to do ; and although I'laintiff hath demanded his share of tile monies of .said estate, collected and received by the Defeiulaiit Rj-.m, )i.t he has not paid the same, nor any part thereof, to the riaintiff. i6. The said lands have never been partitioned nor divided auKv.igst the said heirs. 17. The I'laintiff charges and submits that a sale of the said lands and a division of the proceeds thereof, would be more beneficial than a partition of said lands, and the said lands could not be advantageously or |)roperl)' [)artitioiieil amongst the parties entitled. 18. The riaintiff submits that the said lands ought to be sold under the decree and direction of this Honorable Court, ami that the said sale \.o the Defendant Rowland ought to be confirmed and carried into effect and the purchase money paid into Court to the credit of this cause, provided that ■■'■v in the o was and 19. ■ with tii( up undi cnquiric Yo y" ill the opinion of this Honorable Cnirt it shall appear that the said sale to the Defendant Rowland was and is a proper sale and ou{,dU to be completed and carried into effect. 19. The Plaintiff submits that the Defendant Ryan ought to account in respect of his dealinf;s with the said real and personal estate, and that the said estate ought to be administered and wound up under the decree and directions of this Court, and that all usual and proper accounts and enquiries ought to be taken ami made in the premises. Your Complainant therefore prays as follows : (i). That an administration decree may be made for the administration and winding up of the said estate, and that all usual and projier accounts and enquiries may be taken and made, and the said estate got in and wound u;) under the said decree. (2). That the said Defendant, James Henry Ryan, may he ordered to account, under the direction and decree of this Honorable Court, rcsjjecting his dealings with said real and personal estate, and for all the said personal estate received by him, and which by the exercise of due diligence he ought ^o have received, and for the rents and profits and purchase moneys of the said real estate received hy him, and that he may be charged with interest on balances from time to time in his hands, and that he may be ordered to pay the said amounts into Court to the credit of this cause. (3). That the said lands may be sold under the decree of this Honorable Court ; and as to the said lands included in the said contract with the said Rowland, that an enquiry be directed respecting the same, and in the event of the said contract being confirmed by this Honorable Court, that the same be ordered to be carried into execution and the balance of purchase money payable by said Rowland be declared to form a lien on the lands so purchased by him, and that said balance be ordered to be paid into Court by him to the credit of this cause, with interest, and that a proper conveyance be made to him, and that such further or other decree be made in respect of such last mentioned landi as may be found proper. (4) That the interests of all parties in the saitl estate may be ascertained and settled, and the proceeds of said estate paid out and distributed in a due course of admistration. 4(?. That the said Defendant Ryan may be ordered to pay such part of the costs of this suit as to this Honorable Court may seem proper. 4/'. That the Plaintiff may be paid his costs of this suit as between solicitor and client. (5). That such further and other decree be made, and relief granted, in the premises as may seem meet. (6). That for the purposes aforesaid, all proper directions may be given and accounts taken. (7). And your Complainant will ever pray. T. H. SPENCER.