SOLICITOR'S REPORTS 
 
 ADMINISTRATOR'S AND EXECUTORS' 
 
 MANAGEMENT, REALISATION, AND 
 
 DISTRIBUTION 
 
 (IN'TEKMEDIATE ANB I^IXAL) 
 
 Of THEIR INTESTATE'S OR TESTATOR'S 
 ESTATES. RESPECTIVELY ; 
 
 SPBOIAL ESTATE. ACCOUNTS REFERRED TO 
 
 THKRBIN, TOGETHER WITH DETAILED 
 
 IWSTRUGTIONS FOR THI PREPARATION AND 
 
 OOMPLBTIOl* THEREOF. 
 
 FRED. WOOD.
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LffiRARY
 
 SOLICITOR'S REPORTS 
 
 lla't-of-Pin 1^* IJesihtitvji legatees 
 
 AS TO THE 
 
 ADMINISTRATOR'S AND EXECUTORS' 
 MANAGEMENT, REALISATION, AND DISTRIBUTION 
 
 (INTERMEDIATE AND FINAL) 
 
 OF THEIR INTESTATE'S OR TESTATOR'S ESTATES 
 RESPECTIVELY; 
 
 AND 
 
 SPECIAL ESTATE ACCOUNTS REFERRED TO THEREIN, 
 
 TOGETHER WITH DETAILED INSTRUCTIONS 
 
 FOR THE PREPARATION AND COMPLETION THEREOF. 
 
 FRED. WOOD, 
 
 SOLICITOB, WIGAN. 
 
 LoN-noN: HORACE COX, "LAW TIMES" OFFICE. 
 WiGAN : THOMAS WALL, "OBSERVER" OFFICE. 
 
 [ENTERED AT STATIONERS' HALL.] 
 
 1887. 
 Price Twelve Shillings and Sixpence.

 
 
 Iniiri. 
 
 Abstiact of Articles of Partnership between deceased and surviv- 
 ing Partners, 28, 30. 
 
 Abstracts of Wills, 13, 30, 40, 48, 56, 61, 70, So, 97, 110 (par. 
 7), 118, 125, 130, 137, 141, 184. 
 
 Account (general) and Valuation of Testator "s Share in Partner- 
 ship Assets taken on behalf of his Executors and surviving 
 Partner. Particulars thereof, 31-33. 
 
 Accumulations of Interest, Dividends, Rents, «tc., 37. 
 
 Administration to Share of a deceased Legatee granted to her 
 Daughter, 127-128. 
 
 Administration to Share of a deceased Legatee, a married 
 woman, granted to her Husband, 78-79. 
 
 Administration to Personal Estates of a deceased Son and 
 Daughter (Beneficiaries), 99-100. 
 
 Administration by Husband to deceased Wife's Estate, 100. 
 
 Advances to eldest Son during Intestate's lifetime, and Statutory 
 Pro-\-isions respecting same, 168. 
 
 Advertisement for alleged missing "Will, 165. 
 
 Advertisement of Sale of Intestate's Business, 146-147. 
 
 Advertisement of Sale by Private Treaty of deceased Lessee's 
 Interest in said Works, 22. 
 
 Advertisement for one of Testator's missing Sons in America, not 
 found, 142-143. 
 
 Agreement by Executrix \vith Overseers of Poor to compound for 
 Poor's Rate payable in respect of Testator's Cottage Property, 
 17. 
 
 Agreement by Executrix for Lease of Testator's Works, 18. 
 
 nqW^^
 
 IV. INDEX. 
 
 Agreement (second) modifying terms of first, 19 : — 
 (1) Agreement for Sale and Lease of Intestate's Business 
 Premises ; (2) Valuation of Stock, &c. ; (3) Payment of 
 
 amount; (4) Particulars of Valuer's Account, 155-156. 
 Agreement for Lease of Works to Purchasers from Lessee's 
 
 Executrix of Fixtures, &c., 22. 
 Agreement by Residuary Legatees to carry out Testator's inten- 
 tions under an unexecuted Codicil, 87. 
 Appearance to warning to Caveat by Plaintiff, 166. 
 Application to Appointee, under a Power of Attorney, for a 
 
 Detailed Account of Proceeds of Sale of an Estate in 
 
 America, 114. 
 Application to his former Solicitors thei'efor, 114. 
 Application ; result of Appointor's Solicitor's journey to Ireland 
 
 to interview Appointee, 114-115. 
 Application to an Intestate's Creditors for particulars of their 
 
 Claims, 146. 
 Appointment by acting Trustee and Executor of three additional 
 
 Trustees in place of disclaiming Trustees, 24-25. 
 Appointment of new Trustees of a First Settlement in place of a 
 
 deceased Trustee, 184. 
 Appointment by surviving Trustee of new Trustees, under a 
 
 Will, 65. 
 Assignment by Executors of a deceased Partner of his Share of 
 
 Partnership Assets to surviving Partners, who purchase 
 
 under a Power in Partnership Deed, 36. 
 Assignment by Trustee under Bankruptcy of one of Testator's 
 
 Sons of latter's Share of an Annuity Fund of £500, invested 
 
 for benefit of his Mother, 64. 
 Assignment to Lessee by Executrix of Fixtures and Machinery 
 
 at Testator's Works, 20-21. 
 Assignment of a Lease of an Intestate's Business Premises with 
 
 consent of his Administrator as Lessor, 157. 
 Audit of Partnership Books, Szc, course adopted with reference 
 
 thereto ; special epitome representing result thereof, 33-34. 
 
 Balance, 122.
 
 INDEX. V. 
 
 Balance Sheet rendered to Legatees in due course before final 
 distribution, 79-103. 
 
 Banking Accounts, 16, 42, 100-101, 193-194, 197; opened by Execu- 
 tors, and special circumstances connected therewith, 100-101. 
 
 Bond by surviving Partners to Executors of a deceased Partner 
 to secure latter's share of Partnership Assets, 35-36. 
 
 Cases for and Counsel's Opinions thereon : — 
 
 (1) Upon certain points connected with result of Audit of 
 Partnership Books, and course adopted with reference 
 thereto, as between Executors of a deceased Partner and 
 the surviving Partners, 34-35 ; (2) upon an Agreement for 
 lease of a Farm formerly tenanted by Testator, and rights 
 and remedies of parties thereunder, 91 ; Opinion and 
 Abstract Opinion, 91-94; (3) Will executed in America; 
 American Counsc-ls Opinion thereon as to Executors' rights 
 and remedies, &c., against Appointee under a Power of 
 Attorney for Sale of an Estate in America ; Ab.stract 
 Opinion, 113-114 ; (4) as to Mortgaged Leaseholds and rights 
 and remedies of all parties concerned, 121-122 ; Opinion, 
 121-122 ; (5) Caveat by eldest son against grant of letters of 
 administration to his three brothers ; Case for Counsel's 
 Opinion as to rights and remedies of three of Intestate's sons 
 under application for grant of administration, 166-167. 
 
 Counsel's opinion upon proposed (but unexecuted) settlement, 
 vesting two-thirds of Estate in Trustees for benefit of 
 children, 173-174. 
 
 Caveat against Probate of Will abandoned, 110. 
 
 Caveat : Defendant's summons to discontinue Caveat proceedings, 
 and for grant, 167. 
 
 Caveat : Grounds of objection to Plaintiff as Administrator, 167. 
 
 Chief Rents issuing out of Property in Ireland payable to Testa- 
 tor's Estate, 45-46. 
 
 Claims delivered pursuant to Statutory Notice to Creditors, 38. 
 
 Conveyance of Freeholds to a Trustee for Testator's eldest son 
 as directed by Will, after advertisements for a missing son, 
 supposed to be in America, but who could not be found, 143.
 
 yi. • INDEX. 
 
 Conveyance of Testator's Freeholds to purchasers thereof 58. 
 
 Damao'e to property by mining operations and settlement of 
 claim therefor, 23-24. 
 
 Deaths of (1) Tenant for life, 101 ; (2) Testator's sister intestate, 
 109 ; (3) Testator's niece, testate, 110. 
 
 Debts ; payment of, 57, 63, 74 81, 126. 
 
 Debts (book) collected, 122. 
 
 Debts (schedule of) owing by Intestate, 151-153; payment of said 
 debts shortly after Intestate's death by Administrator out of 
 his own funds, subject to an allowance of 10 per cent, 
 discount thereon, 153-154. 
 
 Debts : Special circumstances connected with an Intestate's book 
 debts, 172. 
 
 Debts : Executors' inability to pay Testator's debts for a year ; 
 (1) Sjjecial Report to Creditors as to position of his Estate, 
 and request for further time for payment of their claims, until 
 Executors had an opportunity of realising a portion thereof 
 wherewith to pay ; (2) account of Testator's personal Estate 
 to accompany ; (3) Supplemental Circular Letter ; (4) 
 Creditors' agreement to wait as requested, 50-54. 
 
 Declaration by remaining residuary Legatees as to share of a 
 son, whose interest under Will is restricted, 87. 
 
 Deed of direction by Residuary Legatees to Trustees as to post- 
 ponement of sale of Testator's leaseholds and freeholds, 75. 
 
 Deed of direction by next-of-kin to an Administrator, empowering 
 him to postpone sale of Intestate's leaseholds until an advan- 
 tageous opportunity pi'esents itself for a sale thereof, 159. 
 
 Disclaimer of Trusts and Executorship by two Trustees and 
 Executors, 17. 
 
 Distributions : Proposed interim distribution on Testator's sons 
 attaining 21, 64. 
 
 Distribution : Circumstances preventing a final distribution of 
 Intestate's residuary personal Estate, 168. 
 
 Distributions (Interim), 79. 
 
 Division (proposed) of Testator's Residuary Estate, 81-82, 
 103-104, 128.
 
 INDEX. Vll. 
 
 Estate Accounts : (1) Schedule of particulars ; (2) proposed course 
 in long continuing trusts ; (3) information to be inserted in 
 account on final distribution for presentation to and exami- 
 nation and signature by residuary Legatees, pursuant to 
 course suggested in report 7 ; and (4) detailed particulars 
 required to be inserted therein, 188, 200. 
 
 Equitable deposit of Deeds relating to Testator's leasehold resi- 
 dence, 31. 
 
 Examination and approval of scheduled Estate Account by 
 Legatees, 38. 
 
 Funeral and testamentary expenses ; sums, stock, and securities 
 constituting Testator's residuary personal Estate ; schedules 
 thereof, 38, 133-134. 
 
 FuniiUire Sale, etc., 16, 43, 119, 133, 143, 171.. 
 
 Heir-at-Law : Report to him as to Intestate's freehold property 
 and succession accounts passed in relation thereto, 1.'")9-1G1. 
 
 Investments on mortgage by tenant for life, 25, 38. 
 Investment of proceeds of sale of Testator's freeholds, 58. 
 Investment on mortgage of an Annuity Fund of £500, pursuant to 
 
 trust, for benefit of Testator's Avidow, G4. 
 Investment of Infant Legatee's share, 78. 
 Insurance of Intestate's leaseholds, he having failed to insure 
 
 pursuant to covenant, 174-175. 
 
 Lease of an Intestate's business prei^iises by his Administrator ; 
 
 covenants therein, 156-157. 
 Leases granted by Testator and Executrix respectively, 16. 
 Lease of Testator's works by Executrix, 19-20. 
 Lease of said works to new Lessees, 23. 
 Leasehold property held by an Intestate, and burthened witli an 
 
 onerous building covenant, 157-158. 
 Legatees ; re A. B., deceased ; special circumstances connected 
 
 with share, 78. 
 Lessee's Will and death, 22.
 
 Vm. INDEX. 
 
 Letters of administration; application for grant by three of 
 Intestate's sous, 166; grant, 168, 171-172; production thereof 
 to Intestate's bankers, 168. 
 
 Loans to Testator (particulars), 30-31. 
 
 Loans ; Deed of family arrangement as to said loans, ifec, and 
 allowance of £100 out of Estate to a son who had been dis- 
 allowed any interest under Will, 139. 
 
 Loan by Testatrix to Mr. B., and repayment thereof, 131. 
 
 Loan by her to Mr. C, a residuary Legatee, and agreement by 
 him to execute on demand a mortgage of his leaseholds to 
 secure amount, 131-132-133. 
 
 Loans by Testator to his children, and latter's admissions as to 
 respective amounts of their indebtedness, 138. 
 
 Marriage of Testator's niece, 109-110. 
 
 Missing son ; circumstances connected with his departure for 
 America, 142. 
 
 Mortgage by Lessee of Testator's works and fixtures, itc, to 
 secure amount of valuation thereof, 21-22 ; special circum- 
 stances connected with a bad mortgage security upon which 
 Testator had advanced, 43-4.5 ; transfer of an equitable mort- 
 gage by surviving Trustee under a Will to new Trustees 
 appointed by him in place of deceased Trustees, 65. 
 
 Mortgage to an Administratrix of a debtor's equity of redemp- 
 tion of leaseholds after final judgment obtained against him, 
 175-176. 
 
 Mortgaged leaseholds and special circumstances connected there- 
 with, 119-121. 
 
 Next-of-Kin ; particulars thereof, 164. 
 Notice to Executors to quit a farm, 90. 
 
 Notice to tenants of settled property of appointment of a new 
 agent to collect rents thereof, 187. 
 
 Payments by Executors, 37. 
 
 Payments to Tenants for life, Testatrix's l^rother and two sisters, 
 126.
 
 . INDEX. IX. 
 
 Payments (Schedule of) of an Intestate's Debts, 173. 
 Personal Estate Accounts, 15, 16, 36, 37, 42, 49,76,89,119, 
 133-134, 138-139, 143, 147-150 (special), 165, 170, 186. 
 
 Policy ; circumstances connected with Intestate's Life Policy, 177. 
 Power of Attorney by Executrix in favour of an Agent to Collect 
 
 Rents, 17. 
 Power of Attorney to sell Estate in America, and result thereof, 
 
 108-109. 
 Power (second) to sell, &c., 110. 
 Probate (limited) of Will of a Married Woman, 111. 
 Probate (double), 186. 
 
 Probate ; Renunciation by Executrix, a married woman, 38. 
 Property Account, expenditure thereon since Testator's death, 
 
 77-78, 127. 
 Preface, 1-9. 
 
 Railway Shares ; Transfer of Shares into Executors' Names, 45. 
 
 Real Estate Accounts, 15, 45, (paragraph 11,) 76, 124, 159-160. 
 
 Realty— No Realty, 36, 88. 
 
 Re-assignment of Mortgaged Leaseholds, 122. 
 
 Receipt (special,) for amount of Compensation for Damage to 
 
 Property by mining operations, 24. 
 Release to Executors on Final Distribution of Residuary Personal 
 
 Estate, 58, 80-81, 104, 135. 
 Release (qualified) of Claims and Indemnity to Executors, 65. 
 Release to Executors, and Declaration of Trust (special), 94-95. 
 Release to Solicitor by Administratrix on final settlement of 
 
 Intestate's affairs (in special case referred to on page 1 70), 
 
 180. 
 Re-marriage of Testator's Widow, 63. 
 Rents of Testator's Freeholds and Leaseholds, collection thereof, 
 
 74-75. 
 Residuary Account (special), 79-80, 102-103, 127. 
 Residuary Account of an Intestate's Estate (Analysis), 179. 
 Residuary Legatees, 99.
 
 X. . INDEX. 
 
 Retainers and Instructions to su3 Appointee, under a Power of 
 Attorney, for sale of an Estate in America, for amount in 
 his hands, 114-115. 
 
 Sale by Auction of Testator's Freeholds, <kc., 58, 74-75, 
 
 Sale by Auction of Testator's Freeholds and Leaseholds, particulars 
 of amounts realised, and special circumstances connected with 
 sale of one lot to a Railway Company, 75, 77. 
 
 Sale by Auction of Farm Stock, Arc, correspondence with land- 
 lord's agents thereon, and result thereof, 90-91. 
 
 Sale of Testator's Copyholds, 101-102. 
 
 Sale ; proceeds of sale of Estate in America, and special circum- 
 stances connected therewith, 111-113. 
 
 Sale of Stock-in-Trade, 119. 
 
 Sale of Leaseholds (attempted), 122. 
 
 Sales of Real Estate, and transfer thereof, 127. 
 
 Sale of Testatrix's Wearing Apparel, &c., to Legatees, 133. 
 
 Sale ; preliminaiy negotiations for sale of an Intestate's business 
 (chemist and druggist), through a transfer agent, and special 
 course adopted thereon, 154-155. 
 
 Sale by Private Treaty (attempted) of (1) Leasehold Property 
 held by an Intestate's Administrator, and burthened with an 
 onerous Building Covenant; and (2) his other Leaseholds by 
 Auction. Half-yearly division of Rents, until an advanta- 
 geous opportunity presents itself for a sale tliereof, 158. 
 
 Sale by Administratrix of Intestate's Stock-in-Trade, 173. 
 
 Sale of Testator's Residence, and assignment thereof to purchaser, 
 31. 
 
 Schedule of xVccounts owing to Intestate at his decease, and 
 
 classification thereof, 177. 
 Schedule of Estate Papers, for examination by Administratrix 
 
 (in special case referred to on page 170), 177. 
 Schedule of Receipts and Payments, 178. 
 Schedule containing particulai's, prepared by Testator, of original 
 
 cost of his various properties, and observations thereon, 14. 
 Settlements under which Te.stator's Leasehold Property acquired, 
 
 182-184.
 
 INDEX. XI. 
 
 Shares; payment to Legatees, «tc., 134-135. 
 
 Statutory Notice to Creditors, 38, 45, 74, 133, 168, 172, 173. 
 
 Surrender of Lease by deceased Lessee's Executrix to Lessor, 23. 
 
 Tenancy ; letting Testator's House for residue of his tenancy, 
 
 46. 
 Tender of Principal, Interest, and Costs to Mortgagee's Solicitor, 
 
 122. 
 Testator's Death, Probate of Will; power reserved, tfec, 15, 138, 
 
 186. 
 Title Deeds relating to Intestate's Leaseholds, and delivery up 
 
 thereof to Administratrix, 177. 
 Trustee's Death, 64. 
 
 Valuation of Fixtures in and about demised works, as between 
 deceased Lessee's Executrix and intending purchasers, 22, 23. 
 
 Warning to Caveat issued on behalf of three intended Adminis- 
 trators, 166. 
 
 Wills ; course to be adopted with Residuary Legatees as to 
 supplying copy Will for perusal and reference, &c. (foot 
 note), 70. 
 
 Writ of Summons for an account against Appointee under a 
 Power of Attorney for sale of an estate in America, and 
 result of etforts to serve same, 115-116. 
 
 Writs issued for recovery of outstanding debts owing to Adminis- 
 tratrix, and information for schedule of defendants, to be 
 kept by Solicitor, where outstanding accounts are numerous 
 and complicated, 175. 
 
 Writs ; compromises with defendants thereunder, 176.
 
 INDEX. 
 
 ESTATE ACCOUNTS, 
 
 ADMINISTRATIONS. 
 
 No. of 
 Account. PAGE 
 
 6. — Special Cash Account for deceased Legatee's 
 
 Administratrix 212-213 
 
 14, — Special Cash Account rendered by Author to 
 Administratrix in an Administration wherein 
 he was entrusted with entire management of 
 
 Intestate's aflfairs 226-227 
 
 6&14. — Special Receipts of Administratrix on said 
 
 Accounts 212-13, 226-227 
 
 EXECUTORSHIPS. 
 
 1. — Executor's Account with Residuary Legatees 
 
 under Testator's Will 202-203 
 
 2. — Executor's Account; Residuary Personal Estate 
 divisible amongst Testator's Children, subject to 
 deduction from their respective shares of certain 
 advances made to them by him 204-205 
 
 3. — Account showing division of Testator's Residuary 
 
 Personal Estate in preceding case .... 206-207 
 
 4. — Balance Sheet showing amounts payable to each 
 Legatee in No. 2 Account, after deduction of 
 amount owing by him to Estate 208-209 
 
 5. — Balance Sheet on distribution of residue arising 
 upon death of a surviving Tenant for Life, 
 divisible amongst seven of Testatrix's Nephews 
 and Nieces, and representatives of deceased 
 Nephews and Nieces. Special Receipt for 
 Shares 210-211
 
 INDEX. XUl. 
 
 No. of 
 
 AccOUUt. PAOB 
 
 7. — Balance Sheet on completion of Sale of Property 
 by Executors to a Railway Company's Agents, 
 where no Surveyor employed by Vendors to 
 negotiate Sale, same being effected by latter 
 
 personally 214-215 
 
 8. — Supplemental Analsysis of Account referred to in 
 
 Account No. 12 2iG 
 
 9. — Summary showing amount payable on Final Dis- 
 tribution therein 217 
 
 10. — Account rendered to Residuary Legatees (Testator's 
 Cousins) on Final Distribution of his Estate, 
 without a Report, latter being unnecessary in 
 consequence of simple nature of Executorship . 218-219 
 11. — Special Cash Account on completion of an Assign- 
 ment by Executors of two lots of a Testator's 
 Leasehold Property, and suggestions as to the 
 
 preparation thereof 220-221 
 
 12. — Analysis of Account of Testator's Estate in Special 
 
 Report 7, par. 6, page 77 222-223 
 
 13. — Residuary Legatee's separate Balance Sheet, show- 
 ing (1) amounts paid on Interim Distributions, 
 and (2) Balance payable on Final Distribution. 
 Special Receipt for Balance. Letter to Legatee, 
 with Executor's Report and Balance Sheet . 224-225 
 15. — Executors' Account on division of proceeds of 
 Sale of a Copyhold Estate, etc., amongst Testa- 
 tor's Children and their representatives . . . 228-229 
 16. — Executors' Account ; division amongst Testator's 
 
 Nephews and Nieces 230-231 
 
 17. — Special Partner.ship Account taken by Accountants 
 between survi^■ing Partners and Executors of a 
 deceased Partner, pursuant to Articles of Part- 
 nership 232
 
 PREFACE. 
 
 HAVE already explained in detail by my 
 circular letter, under date 30th September 
 last, addressed to all the Solicitors practising 
 in the United Kingdom, the special circumstances 
 under which it has occurred to me that it will be 
 prudent, in all cases of importance, to furnish 
 Next-of-Kin and Legatees with a detailed Report, 
 either intermediate or final, on behalf of the Adminis- 
 trator or Executors, as the case may require, as to 
 their management, realisation, and proposed interim 
 or final distribution of their Intestate's or Testator's 
 estate respectively, containing the information there- 
 in specifically mentioned. The materials wherefrom 
 the following Reports have been compiled are 
 furnished from miscellaneous cases wherein I have 
 acted for Administrators and Executors, and I 
 sincerely trust that they will exemplify, as elaborately 
 as circumstances will permit, the course to be pur- 
 sued in framing a Report in any estate wherein the 
 Solicitor may be acting on behalf of the parties 
 interested, and that the present series will be found 
 applicable to almtpst every case that will occur in
 
 2 PEEFACE. 
 
 ordinary practice, the proposed Report, in a special 
 case, being adapted to the exceptional circumstances 
 wherewith he has to deal, ample material for the 
 compilation of any extraordinary Report being 
 obtainable, I respectfully venture to think, from the 
 following precedents. 
 
 It will be observed on reference to some of the 
 Special Reports herein that they apply to the estates 
 of deceased traders, who have been actively engaged 
 in businesses which were disposed of after their 
 decease, and would, of course, be applicable to the 
 estate of a trader, however extensive the commercial 
 undertaking wherein he had been engaged might be. 
 
 Objects intended in suggesting the adoption of the 
 said Reports : — 
 
 1. — In the majority of cases the information 
 supplied to and the knowledge acquired by the 
 beneficiaries respecting their Testator's or Intestate's 
 affairs is simply such as can be gathered from the 
 Balance Sheet and Release (if any) produced for 
 their inspection and execution on the division, 
 untliout their having had any iwevioiis chance of inves- 
 tigating the affairs personally. The objection to this 
 somewhat superficial acquisition of the said know- 
 ledge would be totally removed by the adoption of 
 the course proposed, which would not necessarily 
 dispense with the usual Release, inasmuch as the 
 Report could very advantageously be annexed to, 
 and by recital be made to form part of such Release, 
 in order to make it binding on all parties.
 
 PREFACE. 3 
 
 2. — It may be presumptuous on my part to 
 express a decided opinion upon the utility or expe- 
 diency of the course suggested, or hold so sanguine 
 an anticipation of its ultimate success and universal 
 adoption by the Profession ; but I venture to submit 
 that in the majority of cases a vast amount of 
 complication, anxiety, and difficulty would be avoided, 
 and it would be a great advantage to Legatees 
 and Next-of-Kin, and a great protection to Execu- 
 tors or Administrators and their Solicitors if, in 
 every case of importance, a report of this character 
 was prepared by the latter, frwtecl, and furnished 
 to the former for perusal and approval a reasonable 
 time before the final distribution, to afford the 
 beneficiaries ample opportunity of perusing same 
 carefully in the meantime, and be thereby enabled 
 to make any necessary enquiries respecting same 
 either prior to or at the division. The result of the 
 adoption of this course would be that the bene- 
 ficiaries would possess ijrecisely the same information 
 respecting their Intestate's or Testator's Estate, 
 any special circumstances connected thercAvith, and 
 the receipts and payments therein, as the Adminis- 
 trators, Executors, and Solicitors themselves, and 
 could not thereafter consistently turn round upon 
 and charge either of the latter with suppressing or 
 withholding any information whatever affecting the 
 estate in question, wherewith it was their duty 
 to furnish him, before assenting to the correct- 
 ness of the Estate Account usually presented for 
 examination and signature on a final distribution.
 
 4 PREFACE. 
 
 The cost of the preparation and completion of the 
 Report would, of course, in a large estate, be 
 considerable ; but the advantage gained by the 
 beneficiaries (for whose benefit it is particularly 
 intended), in being thereby supplied with the fullest 
 information, both as regards facts and figures, , 
 would amjDly compensate for the cost thereof, and 
 finally remove all doubts and questions concerning 
 the honest realisation and distribution of the estate. 
 
 3. — The adoption of the course proposed would 
 possess, in addition to the preceding advantages, 
 the further advantage of exonerating the Adminis- 
 trator or Executor and their Solicitor from any 
 possible complaint or proceedings in respect of the 
 estate dealt with, at the hands of the beneficiaries, 
 on the ground of concealment or otherwise of any 
 material facts connected with such estate calculated 
 to influence their judgment in executing or refusing 
 to execute the deed of release usually executed on 
 a final distribution. 
 
 4. — Even in the case of an estate of magnitude 
 and special importance, the facts connected with 
 the management, realisation, and ultimate distribu- 
 tion thereof can, taking the following Reports as 
 precedents in completing the same, be kept within 
 reasonable limits, so that the cost of printing the 
 same, where it becomes necessary to supply a print 
 to each of a number of beneficiaries, at the time, 
 and in the mode proposed, would be quite dispro- 
 portionate to the benefit acquired by him, in thus
 
 PREFACE. O 
 
 being made fully cognisant of all the facta connected 
 witli his Intestate's or Testator's estate. 
 
 5. — Furthermore, as the foregoing suggestions 
 open out new work for Solicitors in the winding up 
 of estates, by the preparation and completion of 
 the proposed Report, &c., for examination by the 
 beneficiaries, the adoption of the course proposed 
 will prove a very lucrative source of professional 
 emolument, and one, the charge for which could not 
 reasonably be objected to, having regard to the 
 substantial advantage derived by the parties 
 interested, in the fact that the Administrator or 
 Executor could not (if dishonestly disposed) omit 
 any fact from the Report, or item from the Balance 
 Sheet, inasmuch as in all cases the former, and in 
 the majority of cases the latter, would be prepared 
 by the Solicitor or Accountant, who would, for his 
 own sake, and the protection of the beneficiaries, 
 take good care that there was no possible chance of 
 the Administrator or Executor being guilty, in the 
 slightest degree, of suppressio veri. 
 
 Intermediate lieports. — It will be observed that I 
 have classified the proposed Reports as Interme- 
 diate and Final Reports, the former being applicable 
 e.g. to the case of an estate wherein the Testator's 
 widow has the life interest, and on her death or 
 marriage again the proceeds of the sale thereof are 
 divisible amongst or the income arising therefrom is 
 payable to his children. No. 1 Report is an ex- 
 ample of this, and the Residuary Legatees can
 
 b PREFACE. 
 
 gather therefrom the exact nature and extent of 
 their Testator's estate and the various dealings 
 therewith since the latter's decease. A Final 
 Report is, of course, applicable where the estate is 
 being wound up and the trust ceases consequent 
 upon its full realisation. 
 
 Special Suggestions or Instructions as to the Prepara- 
 tion and Completion of an Administrator^ s or 
 Executor'' s Estate Account, to he annexed to the 
 said Report. 
 
 To further facilitate the Solicitor's labours in 
 winding up the affairs, and enable him to prepare 
 and complete the necessary Estate Account (if the 
 same is not prepared by the Administrator or 
 Executor personally or entrusted to an Accountant), 
 I venture to think that the instructions included 
 herein, and which are based upon a very special 
 Residuary Account passed by the Commissioners of 
 Inland Revenue in the estate referred to in one of 
 my Reports, will show fully the exact particulars 
 required under each specific head and the precise 
 form necessary to render the account as complete 
 as possible, however large the estate may be. 
 
 Doubtless many members of the profession may 
 think it a very objectionable and dangerous prece- 
 dent to establish, on the ground that the proposed 
 Report will afford too much information to the 
 beneficiaries beforehand, and strongly arm them 
 with the chance of investigating same too minutely,
 
 PREPAOE. 7 
 
 and more especially the reasonableness, or otherwise, 
 of the legal expenses incidental to the winding up 
 of the estate in question (which in many cases affords 
 a prominent subject for consideration, and probable 
 discussion at the hands of any beneficiaries who 
 may, perhaps in ignorance, think same excessive), 
 and of raising his objections (if any) thereto at the 
 final distribution, but the avoidance of this objection- 
 able step, of course, rests entirely, as an invariable 
 rule, in the Solicitor's own hands. 
 
 I have carried the foregoing ideas into effect in 
 several instances, and found them to work advan- 
 tageously to all parties concerned. They may to 
 many of my professional brethren appear somewhat 
 simple, and unworthy of notice, or universal adop- 
 tion ; but I think it will be admitted by others that 
 Reports of the nature suggested are worthy of very 
 favourable consideration, inasmuch as they form a 
 eomjjlete record of, for reference by the Solicitor, if 
 and when required, and an exact history of the 
 Administrator's or Executor's dealings with the 
 estate, from the death of the Intestate or Testator 
 up to and including the intermediate, or final, dis- 
 tribution thereof, as the case may be. Although 
 the recommendations herein contained are only per- 
 missive in their character, rather pointing out what 
 should be done, than compelling it to be done, I 
 sincerely trust that the miscellaneous precedents I 
 have compiled will render it easy for anyone to 
 ascertain with facility what are the facts necessary
 
 8 PEEPACE. 
 
 to be stated in any Report with which he may have 
 to deal, and that my suggestions may not be wanting 
 in salutary effect. If, on the other hand, pro- 
 fessional opinion is not yet ripe for a broad and 
 sweeping recognition of the right of a beneficiary to 
 be supplied with all the information intended to be 
 furnished by the said Eeports, I shall rest satisfied 
 with the hope that, ultimately, on mature considera- 
 tion of the objects intended, and the benefits to be 
 derived from their adoption, my anticipation on this 
 head may in due course be fully realised. 
 
 More critical readers could hardly be found than 
 the members of the profession, nor men better able 
 to say unhesitatingly whether such a book is wanted; 
 and, if so, whether the one before them meets the 
 want in any degree. It is sincerely trusted they 
 will be well-disposed towards an earnest attempt 
 (especially when undertaken by a junior member of 
 the profession) to deal with the scheme forming the 
 subject of the present work. Under any circum- 
 stances the author hopes that his work may have 
 accorded to it the indulgent consideration of the 
 profession, and that it may be found of some assist- 
 ance in carrying out the objects for which it has 
 been written. In the case of long continuing trusts 
 it is submitted that the course proposed will furnish 
 ample security against improvident management, 
 and the wasteful dissipation of funds, or the pursuit 
 of unfair and unjust conduct on the part of executors 
 towards any of their beneficiaries.
 
 PREFACE. 9 
 
 In conclusion, I have only to observe that, not- 
 withstanding every care, there are doubtless many 
 oversights in the plan proposed, wliicli may be 
 detected by a critical eye, and I shall only too gladly 
 and thankfully acknowledge any practical sugges- 
 tions for a future edition, should such be required. 
 
 I beg to apologise for the length -of my explana- 
 tion respecting the scheme, but the novel nature of 
 the facts included therein, combined with the object 
 in view in suggesting its adoption by the profession, 
 has precluded the possibility of my keeping it within 
 smaller limits.
 
 EXECUTORSHIPS. 
 
 No. 1. 
 
 Schedule of Particulars. 
 
 1. — Abstract of Testator's Will. 
 2. — Schedule containing particulars, prepared by 
 Testator, of original cost of his various 
 properties. 
 3. — Testator's Death, and Probate of said Will. 
 4. — Real Estate Account. 
 5. — Personal Estate Account. 
 6. — Sale of Furniture. 
 7. — Sale of Stock-in-Trade, &c. 
 8. — Banking Account. 
 
 9. — Leases of Messuages granted by Testator. 
 10. — Like by Executrix. 
 
 11. — Agreement by Executrix with Overseers of the 
 Poor of the Parish of Wigan to compound 
 for Poor's Rate payable in respect of Testa- 
 tor's Cottage Property. 
 12. — Disclaimer of Trusts and Executorship by two 
 
 Trustees and Executors. 
 13. — Executrix's Power of Attorney, in favour of 
 
 an Agent, to collect Rents. 
 14. — Agreement for Lease of Testator's "Works.
 
 12 SCHEDULE. 
 
 15. — Second Agreement, modifying terms of first 
 Agreement. 
 
 16. — Lease of said Works. 
 
 17. — Assignment to Lessee of Fixtures and 
 Machinery thereat. 
 
 18. — Mortgage by Lessee of said Mills and Fix- 
 tures, &c., to secure amount of Valuation 
 thereof. 
 
 19. — Lessee's Will and Death. 
 
 20. — Advertisement of Sale by Private Treaty of 
 deceased Lessee's interest in the said 
 Works. 
 
 21. — Agreement for Lease of said Mills to pur- 
 chasers from Lessee's Executrix of said 
 Fixtures, &c. 
 
 22. — Valuation of said Fixtures, &c. 
 
 23. — Surrender of said Lease by Lessee's Executrix 
 to Lessor. 
 
 24. — Lease to new Lessees. 
 
 25. — Damage to Property by Mining operations, 
 and settlement of claim therefor. Special 
 receipt for amount of compensation. 
 
 26. — Appointment by acting Trustee and Executor 
 of three additional Trustees in place of said 
 disclaiming Trustees. 
 
 27. — Investments on Mortgage by Tenant for Life.
 
 EXECUTORSHIPS. 
 
 N.B. — In all cases tlie dates of tlie various events 
 referred to in tlie following precedents should be 
 inserted opposite the number of the paragraph, or 
 under the marginal note, where dates are required 
 to be inserted. 
 
 Re late of , IN THE County 
 
 OF , JoiNERj Builder, and Timber 
 
 Merchant, deceased. 
 
 SOLICITOR'S INTERMEDIATE REPORT 
 
 To Residuary Legatees under Testator's Will 
 AS to Executor's Management of Estate. 
 
 1. — Testator executed his will on this date, con- ^^ll'ator's^' 
 taining following provisions, namely: — (1) Bequest ^^'"" 
 of plate, furniture, &c., and a legacy to wife ; (2) 
 Bequest of another legacy ; (3) Devise and bequest 
 of residue to Trustees, upon trust for sale and con- 
 version ; (4) Trusts of moneys to pay funeral and 
 testamentary expenses and debts, and to invest 
 residue, and to vary securities; (5) Trusts of 
 residue to pay income to wife for life, and after 
 her death for testator's children ; (6) Proviso that
 
 14 
 
 EXECUTOESHIPS. 
 
 issue of deceased children sliall take tlieir parent's 
 share ; (7) Power to postpone sale and conversion, 
 and to manage real and leasehold estates, while 
 unsold. 
 
 Schediile 
 
 containing 
 
 particulars, 
 
 prepared 
 
 byTestator, 
 
 of original 
 
 cost of his 
 
 various 
 
 properties. 
 
 2. — 1. — 10 houses in lane. 
 
 2. — 2 ,, ,, 
 
 3. — 3 ,, street. 
 
 4.-5 
 
 5. — 5 houses in street. 
 
 6.-3 „ „ 
 
 7. — Freehold land in lane. 
 
 8. — Said saw mills, land, buildings, workshops, 
 stable, offices, &c. 
 
 9. — Fence walls, stone coping, door, hanging 
 
 stones, &c., on vacant land in 
 
 street. 
 
 10. — Contract for new log frame. 
 
 11. — Bed for do., saws, &c. 
 
 12. — Alterations at lane shop, by 
 
 adding a cottage. 
 
 13. — Saw sharpener. 
 
 It ha3 been deemed advisable to insert the foregoing schedule as a guide to 
 the executors in fixing the reserve prices for any portion of testator's estate, if 
 and when sold. It very seldom occurs that such a schedule is prepared by a 
 testator, but in the present case nearly all the property therein comprised was 
 erected by the testator, who kept a strict account of his expenditure in respect 
 thereof. The general adoption of the suggestion by testators who have 
 erected property may possibly be of some service to their executors, when the 
 latter attempt to sell same, as the information derived from the proposed 
 schedule would doubtless considerably assist them in fixing the I'eserves. From 
 this they will be able to estimate accurately what per centage the property 
 pays, and this will influence their judgment as to the reasonableness or other- 
 wise of the price oflFered, if a sale by private treaty is attempted, and a bid is 
 made therefor. The idea is novel, but the author ventures to incorporate 
 herein in the hope that it may prove serviceable.
 
 EXECUTORSHIPS. 15 
 
 3. — Testator died, without having revoked or J.f.ahS 
 altered his said will, and same was on (date) proved Bai.i win. 
 
 ' \ / i Power re- 
 
 and registered in District Registry attached to ^^'""^•^''^ 
 Probate Division of Her Majesty's High Court of 
 Justice, at by his widow, one of said 
 
 executors. Power reserved of making like grant to 
 other two executors, J. P. and J. E. 
 
 4.— (1) Street Steam Saw ]\Iills ; area K^t^*^ 
 
 superficial square yards or thereabouts, formerly 
 held under a lease dated 12th November, 1859, for 
 a term of 999 years, at an annual ground rent of 
 £ , which latter was released by and con- 
 
 veyed to testator for residue of said term on (date). 
 
 (2) Cottages situate in lane, formerly 
 held under a lease dated (date) for a term of 
 years, at an annual ground rent of £ , 
 which latter was purchased by testator on (date). 
 Annual gross rental £ 
 
 (3) Freehold messuages situate in 
 street. Annual gross rental £ 
 
 5.— (1) Leasehold Property. — Cottages in f^S*"* 
 
 street. Leasehold for 999 years from (date). 
 Annual ground rent £ ; annual gross 
 
 rental £ 
 
 (2) Cottages in street, held under same 
 lease. Annual gross rental £ 
 
 (3) Policy of insurance, No. , on testator's 
 life, in (name) Assurance Company for £ 
 
 (4) Another pohcy, No. , on his life, in 
 same company, for £
 
 16 EXECUTORSHIPS. 
 
 (5) Cash in house. 
 
 (6) Cash at bankers. 
 
 (7) Household furniture, &c. 
 
 Sale of (), — Testator's household furniture and effects 
 
 Furniture. 
 
 were valued for probate at £ , and after- 
 
 wards sold by auction for £ , less expenses 
 
 £ , as per particulars rendered by auctioneer. 
 
 Sale of 7. — Stock-in-Trade at said mills was sold by 
 
 stock-in- , , • -I / • J 
 
 trade. auctiou ou this date, and realised (as per auctioneer s 
 detailed account hereunto annexed) £ , 
 
 less £ , expenses of advertising same 
 
 in (name papers), printing catalogues, clerk and 
 men at sale, sundry expenses, and commission (as 
 per agreement) for selling. 
 
 Banking 
 Account. 
 
 8. — Testator's account with Parr's Banking Com- 
 pany, Limited, Wigan Branch, showed a balance of 
 £ therein at his decease, which, with follow- 
 
 ing items (specify same), make up balance carried 
 forward to executorship account under date (date). 
 
 9. — (1) On this date testator leased to Mr. B. a 
 
 Leases of n n / \ • i j • 
 
 Messuages messuaofc called (name), situate m ; 
 
 granted by ^ ^ ^ 
 
 Testator, term, 7 years; rent, £ per annum. 
 
 (2) Also a shop and dwelling-house attached there- 
 to, to Mr. C, situate in lane, Wigan; 
 rent, £ per annum ; term, years. 
 
 Leases of 10. — Ou tliis date cxccutrix rencwcd Icase No. 1 
 
 Messuages 
 
 Exe"cutrix.^ for a further term of 7 years, at same rent, payable 
 half-yearly, on 12th November and 12th May.
 
 EXECUTORSHIPS. 1 7 
 
 11. — Said executrix, as owner of said rateable bfSu"' 
 liereditaments (each dwelling-house beins: of a rate- o^ersecra 
 
 ^ & & of Poor to 
 
 able value not exceeding £8), gave notice that she forToTs'^ 
 was willing' to be rated for one year from date thereof, awc iS*^' 
 
 " "^ respect of 
 
 and after expiration of such term until such time as cottaKo'^^ 
 she should give them notice in writing of her inten- 
 tion to determine such agreement, in respect of all 
 such rateable hereditaments of which she was owner 
 and situate in the parish, whether all or any of 
 hereditaments be occupied or not, and request by 
 her that they would duly act upon ^guch notice in 
 conformity with provisions of section 4 of 32 and 33 
 Victoria, c. 41, entitled " An Act for amending law 
 with respect to rating of occupiers for short terms 
 and making and collecting of poor's rate," so that 
 she might be assessed to poor rate in respect of 
 said hereditaments according to said agreement, 
 and be allowed an abatement or deduction of 25 
 per cent, from amount of rate during time that she 
 is so rated. 
 
 12. — By Deed Poll of this date said J. P. and ^/^daim^er 
 J. E. thereby disclaimed and renounced offices of torship b7 
 
 '' _ two Trus- 
 
 executors and trustees of said will, and all estates Ellcu^tors. 
 and powers thereby expressed to be given to or 
 vested in them or either of them. 
 
 13. — Said executrix, as tenant for life of the p^^^e^'o^}^'^ 
 freehold and leasehold estates comprised in and in favour'of 
 
 '■ an Agent, to 
 
 devised and bequeathed by said will, by Deed Poll i°e"fg' 
 of this date appointed Mr. , of , 
 
 to be her attorney, to collect rents thereof, and act 
 as agent generally in management thereof. 
 2
 
 18 EXECUTOESHIPS. 
 
 fo^LeTsTof 14. — Agreement for lease of said mills for 14 
 
 Testator's 
 
 Works. years, at a yearly rent of £ , situate in 
 
 street aforesaid, with boiler-houses, work- 
 shop, offices, and other erections and buildings stand- 
 ing and being thereon (commonly known by name of 
 " Street Steam Saw Mills "), whereat 
 
 testator formerly carried on trade or business of a 
 joiner, builder, and timber merchant, and were then 
 in occupation of lessee, whereby it was agreed (inter 
 alia) — (1) that lessor should sell to lessee for 
 £ , according to valuation made and taken 
 
 by Mr. , of, &c., ironfounder (chosen on 
 
 behalf of lessor), and Mr. , of, &c., iron- 
 
 founder (chosen by lessee) — fixtures, engines, 
 machinery, utensils, tools, and implements used, or 
 employed, in carrying on said business, upon terms 
 and conditions thereinafter mentioned. (2) That 
 amount of such valuation should be paid as follows, 
 viz., one half part thereof on day of , 
 
 188 , and balance on (date), free from interest ; 
 and (3) that said purchase money should be secured 
 by a bill of sale of said fixtures, &c. 
 
 Tenant for life, being executrix, it was competent 
 for her, in that character, to make a valid lease of 
 said premises, and if not as a beneficial tenant for 
 life (leaseholds being given to her specifically) she 
 was empowered under section 46 of " Settled Estates 
 Act, 1877," as tenant for life, to make a lease, 
 subject to provisions in such section contained. 
 
 N.B. — This lease was granted before the " Settled 
 Land Act, 1882."
 
 EXECUTORSHIPS. 10 
 
 15. — On last, said lessee failed to carry out A^Trnoment. 
 
 his said agreement to pay one half of said purchase- ^^^^^'^Y\e- 
 money, and I communicated with liini upon subject, '"^°'' 
 and upon instructions of tenant for life and exe- 
 cutrix offered fresh terms for payment of said sum, 
 which formed basis of a supplemental agreement, 
 by which it was provided (inter alia) as follows, 
 viz. : — (1) Said sum of £ was to be paid by 
 
 quarterly instalments of £ ; first instalment 
 
 to be made on (date), and on each succeeding 
 quarter, until whole of said sum should be fully paid. 
 (2) One half said purchase-money to bear interest 
 at 5 per cent, per annum until payment. (3) In 
 case said first instalment of £ , or any 
 
 subsequent instalment, should not be punctually 
 paid, balance of said purchase-money thereupon to 
 become forthwith payable. And (4) if said instal- 
 ments should be punctually paid yearly rent reserved 
 by said first agreement to be reduced to £ 
 
 16. — By indenture of this date, for considerations ^ald^fvoiks. 
 therein mentioned, said tenant for life demised unto 
 lessee said mills, together with all rights, easements, 
 and appurtenances to said premises belonging, except 
 machinery, articles, fixtures, and things standing, 
 being, or affixed to any part of premises, which had 
 been purchased by and all of which were thereby 
 declared to be lessee's absolute property, to hold 
 said premises for years from 
 
 last, at clear yearly rent of £ , by equal 
 
 half-yearly payments on (dates), clear of all deduc- 
 tions (landlord's property tax only excepted) ; last
 
 20 EXECUTORSHIPS. 
 
 half-yearly payment to be made in advance on 
 (date) next preceding expiration of term. Said 
 lease contains special covenants by lessee : — (1) At 
 all times during the said term to carry on upon said 
 premises business of a timber merchant only. 
 (2) Not to pull down or remove machinery, articles, 
 and effects so purchased by him as aforesaid, or any 
 part thereof, without lessor's written consent, unless 
 in cases where such pulling down or removal should 
 be rendered necessary by any of said premises being 
 worn out or injured, and in such cases to forthwith 
 replace premises or articles worn out or injured by 
 others of at least equal value, and should not in any 
 event pull down or remove any of said premises to 
 value of more than £50 at any one time without 
 such consent in writing as aforesaid ; and, further, 
 during continuance of said term to keep said 
 purchased machinery and effects in good repair and 
 working condition. Said lease provided that said 
 lessee, his executors, administrators, or assigns 
 should have full liberty to remove at end of said 
 term all and every machinery and fixtures belong- 
 ing to him, and which might be fastened or 
 affixed to demised premises, he or they making 
 good any damage which might be done to said 
 premises in consequence of such removal. 
 
 Assignment 17. — Bv indcuturc of this date, in consideration of 
 
 to Lessee of 
 
 Fixtures g^id gum of £ to Said executrix paid by said 
 
 therear"^^ Icsscc, slic thereby assigned unto him, his executors, 
 
 administrators, and assigns, absolutely, for his and 
 
 their own use and benefit, all and singular the
 
 EXEOUTOESHIPS. 21 
 
 fixtures, engines, machinery, utensils, tools, imple- 
 ments, articles, and things specified in schedule 
 thereunder written. Scheduled, so as to show on 
 face of deed, what belonged to assignee. 
 
 This assignment (as advised by Counsel) was 
 treated as in consideration of money paid, and 
 purchase-money secured by following contem- 
 poraneous mortgage. 
 
 18. — (1) Mortgagor, being unable to paid said sum, Mortcage 
 agreed to assign unto mortgagee the several chattels Miiis'and 
 specifically described in schedule thereunder written, ^co 
 
 J- 'J secure 
 
 And also all mortgagor's estate and interest of and vaiuatLn^ 
 in his lease of said mills, by way of security for 
 payment of £ , with interest thereon after 
 
 rate of £5 per cent, per annum. Mortgagor 
 thereby covenanted to pay to mortgagee on (date) 
 £ , and like sum of £ on each 
 
 succeeding 3 calendar months, with interest as 
 aforesaid, until whole of said sum of £ 
 should have been fully paid and satisfied ; and if 
 said sums, or any of them, should not be paid on 
 days aforesaid, would pay interest thereon resj^ec- 
 tively at 5 jDcr cent, per annum, computed from 
 said days. 
 
 Counsel advised that it would be better to demise 
 said lease rather than make a separate bill of sale 
 of machinery, particularly as in event of a sale 
 machinery would be more advantageously realised 
 in connection with the leasehold property. j\Iortgage 
 had to be registered as a bill of sale in order to
 
 22 EXECUTORSHIPS. 
 
 constitute a good security, and accordingly on (date) 
 a copy thereof was duly registered in Bills of Sale 
 Department, Central Office of Supreme Court of 
 Judicature, as appears by official memorandum 
 annexed thereto. 
 
 w^aud 19- — ^^i^ lessee died on this date, having by his 
 will, dated (date), and proved in District Registry at 
 , attached to Her Majesty's High Court of 
 Justice, on (date), devised and bequeathed unto his 
 widow all his property whatsoever and wheresoever, 
 and which included (inter alia) premises demised by 
 said lease, and appointed her sole executrix. 
 
 Advertise- 20. — Exccutrix of Said lessee advertised said 
 
 ment of 
 
 vate Treaty busiucss f Or salc by private treaty as a going con- 
 Lesle'e'^r^ ccm I but bciuff unable to sell same, her goodwill 
 
 interest in " _ 
 
 said Works. ^^-^^ intcrcst in said lease was advertised for sale by 
 public auction, and ultimately certain proposals for 
 a lease and purchase of fixed machinery (made by 
 Messrs. , as solicitors for and on 
 
 behalf of Messrs. , of this town, 
 
 timber merchants, &c., to solicitor for said lessee's 
 executrix), &c., were accepted, and on (date) 
 
 Agreement 21. — Au asfrecment for a lease of said mills for 
 
 for Lease of '-' 
 
 topurcht years from (date), subject to lessee's 
 
 Lessee's powcr to determine same at end of years, at 
 
 Executrix i «/ ' 
 
 turetVc!''' an annual rent of £ , payable quarterly, was 
 
 duly signed. 
 
 Kfd'Fix- 22. — Pursuant to terms of said agreement, a valua- 
 
 tfUlTfiS &C 
 
 tion of said machinery was made and ^g^]jen by
 
 EXECUTOESHIPS. 23 
 
 Mr. , of , ironfounder 
 
 (lessor's nominee), and Mr. , of 
 
 (lessee's nominee), and same 
 amounted to £ , which was received by 
 
 lessor on (date). 
 
 23. — Former agreed to surrender to latter said of^-a'^" 
 demised premises, and all her estate and interest Les^'^e/ 
 
 *• Executrix 
 
 then subsisting therein, under, or by virtue of said *° ^^'*«"'^- 
 lease in right of said lessee (deceased) therein, to 
 intent that term of years created by said lease might 
 be merged and extinguished in reversion and free- 
 hold of said premises. 
 
 24. — Lease of said mills to new lessees executed : i-ease to 
 
 ' new 
 
 Lessor by a written authority, given subsequent ^^^^'^^^• 
 to execution of such lease, empowered such lessees, 
 for greater security against fire at said mills, to 
 build up at latter' s expense doorway leading from 
 fire-hole to adjoining cellar, &c., and to make an 
 entrance to such cellar directly from saw mill. 
 
 25. — After very careful investigation into cause of propenVat 
 
 by 
 
 damasfe to above property, with aid of reports mining 
 
 '~ 1 1 t^ ' i operations, 
 
 thereon, obtained from Messrs. (sur- n"ent ot'^" 
 
 ,,.,-, -, -, . Claim 
 
 veyors and builders employed to inspect state therefor. 
 thereof on behalf of estate), an estimate to cover 
 amount of damage done up to (date), made up 
 of (1) amount then already expended in repairs, 
 &c., by said executrix; (2) amount required to 
 make good damage, and (3) depreciation in saleable 
 value of property, was made, and a claim sent in to
 
 24 EXECUTORSHIPS. 
 
 Mr. , colliery proprietor, party 
 
 liable for payment thereof, wlio relied on two points 
 in support of his alleged exemption from liability 
 for said damage, (1) that subsidence was due to 
 shifting of an alluvial deposit caused by working on 
 easterly side of fault, and (2) that he was protected 
 by Statute of Limitations. Following proposition 
 was then submitted to his solicitors (Messrs. 
 
 ) : — " That he should be asked to pay 
 £ for past and present damage, and 
 
 to enter into an agreement to make good any future 
 damage ;" but in spite of strenuous and repeated 
 efforts to induce him to accept this proposal, he 
 declined, and ultimately paid £ in 
 
 settlement. Following qualified receipt was there- 
 Receipt for upon given, viz. : — " Receipt. — Received from A. 
 
 amount of 
 
 compeusa- g., Esqrc., thc sum of £ in dis- 
 
 charge of claim for compensation and costs in 
 respect of damage sustained to premises (specify 
 same), and in full discharge of all such claim up to 
 the date hereof, neither party to be prejudiced by 
 this payment in the event of any future damage." 
 
 N.B. — If it can be proved hereafter that, as 
 
 result of further working, there is further damage, 
 
 a further claim can be made, as said receipt does 
 
 not finally close matter. 
 
 memfi' 26. — Said continuing trustee of said will, in exer- 
 
 tee!&c.,of cise of powcr vested in her for that purjDOse by 
 
 TrMtlcB, statute, by indenture of this date, appointed (names) 
 
 &c., in place , ., n • i 'ii • i p 
 
 of said .lis- to be trustees and executors or said will m place oi 
 
 Cl liming '■ 
 
 Trustees, g^j^j j^ p^ ^^^ j g^ ^^^^^j ^^-^^^ conscntcd to bc 
 
 Special
 
 EXECUTORSHIPS. 
 
 25 
 
 trustees thereof accordingly. By same indenture 
 testator's freehold, leasehold, and other property 
 became vested in said trustees and executors in 
 manner therein mentioned jointly with appointor. 
 
 27. 
 
 No. 
 
 Mortgagor. 
 
 Address. 
 
 Occupation 
 
 Particulars of 
 Mortgaged 
 Premises. 
 
 Tenure. 
 
 Principal 
 
 Inveet- 
 
 Kate of nients on 
 Interest. Mortgage 
 
 by Tenant 
 
 for Life. 
 
 N.B. — Any other authorised investments must be 
 specified, in order to give the residuary legatees full 
 information as to the nature and extent thereof, and 
 an opportunity of seeing (to avoid any complica- 
 tion hereafter concerning same) that they are 
 strictly in accordance with the directions for invest- 
 ment contained in testator's will, and that the 
 trustees have not invested any jpart of the trust funds 
 upon unauthorised or doidttful security.
 
 EXECUTORSHIPS. 
 
 No. 2. 
 
 Schedule of Particulars. 
 
 1. — Abstract of Articles of Partnership between 
 deceased and surviving Partners. 
 
 2.— Abstract of Testator's Will. 
 
 3. — Particulars of Loans to Testator. 
 
 4. — Equitable Deposit of Deeds relating to his 
 Leasehold Kesidence. 
 
 5. — Testator's Death. 
 
 6. — Sale of said Residence, and Assignment thereof 
 to Purchaser. 
 
 7. — General Account and Valuation of Testator's 
 share taken, on behalf of Executors and 
 surviving Partners. Particulars thereof. 
 
 8. — Special Epitome representing result of Audit 
 of Partnership Books, and course adopted 
 with reference thereto. Counsels' opinions 
 upon certain points connected therewith. 
 
 9. — Bond by survi\'ing Partners to Executors of 
 deceased Partner to secure latter's share of 
 Partnership Assets.
 
 SCHEDULE. 27 
 
 10. — Assignment by Executors of Testator's share 
 of said Assets to surviving Partners, who 
 purchase under a power in said Partnership 
 Deed. 
 
 11.— No Realty. 
 
 12. — Statutory Personal Estate Account. 
 
 13. — Payments by Executors. 
 
 14. — Accumulations of Interest, Dividends, Rents, 
 &c. 
 
 15. — Probate; renunciation by an Executrix, a 
 married w^oman. 
 
 16. — Statutory Notice to Creditors. 
 
 17. — Claims delivered pursuant thereto in first part 
 of second Schedule. 
 
 18. — Funeral and Testamentary Expenses, in first 
 part of second Schedule ; and Sums, Stock, 
 and Securities constituting Testator's Re- 
 siduary Personal Estate, in second part of 
 second Schedule. 
 
 19. — Examination and approval of said Schedules 
 by Legatees. 
 
 20. — Investments by Tenant for Life.
 
 EXECUTORSHIPS. 
 
 N.B. — The following Report is applicable where 
 a partner (e. g., a timber merchant) dies, leaving 
 two surviving partners, who take an assignment of 
 his share of the partnership assets, and continue 
 the business : — 
 
 Rr Mr. a. B., deceased, late of (address), and 
 or the firm op Messrs. (names), or (business 
 address), Timber Merchants. 
 
 SOLICITOR'S INTERMEDIATE REPORT 
 
 For Executors respecting their Management and 
 Realisation of Testator's Estate. 
 
 Abstractor 1. — Bv Certain Articles of Partnership of this 
 
 Articles of *^ ■"■ 
 
 fhip°^'^' date, and made between said testator of first part, 
 Deceased C. D. of sccond part, and E. F. of third part, said 
 
 and Bur- ■■■ ^ 
 
 Partaers. partics thcrcto agreed to carry on business as timber 
 merchants for term of years, from day 
 
 of , 188 , subject to certain provisions
 
 KXBcrroBSHiPS. 29 
 
 therein contained, one of which was that in case 
 any partner should die during continuance of part- 
 nership a general account and valuation of assets 
 and liabilities of partnership should immediately be 
 taken, and share of deceased partner as at time of 
 his death should be secured and paid as follows, that 
 was to say, surviving partner or partners thereof, 
 should, within three calendar months next after 
 such death, duly execute and deliver unto executors 
 or administrators of deceased partner a bond in 
 penalty double principal sum payable to them, con- 
 ditioned for payment of same, with interest after 
 rate of five pounds per cent, from such death in 
 manner following, that was to say, one equal third 
 part of said principal sum, with interest on whole 
 of said principal sum, at end of twelve calendar 
 months from date of death of such partner ; one 
 other equal third part of said principal sum, with 
 interest on so much of said principal sum as should 
 for the time being remain unpaid, at end of eighteen 
 calendar months from death of such partner, and 
 remaining one equal third part of said principal 
 simi, with interest on so much of said principal sum 
 as should for time being remain unpaid, at end of 
 twenty-four calendar months from death of such 
 partner ; and surviWng partners should also enter 
 into a covenant with or give and execute a bond in 
 a sufficient and reasonable penalty unto executors 
 or administrators of deceased partner against debts 
 due from and liabilities of partnership at time of 
 such death, and against all actions, suits, expenses,
 
 30 EXECUTOESHIPS. 
 
 claims, and demands on account of same ; and 
 executors or administrators of partner so dying 
 should release and assign unto surviving partners 
 all their share, right, and interest in and to good- 
 will, moneys, stock-in-trade, debts, and effects 
 belonging or due to partnership, and empower and 
 enable them to recover and receive same. Said 
 business was continued by said partners, after 
 expiration of said term of years, upon basis of 
 
 former articles of partnership, but without any 
 fresh articles. 
 
 TestItor's°^ 2. — Testator duly made his last will on this date, 
 whereby he appointed his wife (name) and his 
 children (names) to be executrixes and executors of 
 his will, and gave all his household furniture and 
 other household effects unto said (names). Upon 
 TRUST to allow his said wife to have the full use and 
 enjoyment of his said household furniture and 
 effects during her life or until she should marry 
 again, and in case she should marry testator 
 directed that said household furniture and effects 
 should be forthwith sold. Testator devised and 
 BEQUEATHED all his real estate and all the residue of 
 his personal estate unto and to use of said (names), 
 their heirs, executors, administrators, and assigns, 
 UPON TRUST that (set out trusts of will in detail). 
 
 Particulars 3. — Ou this date tostator borrowcd from Mr. , 
 
 of Loans to 
 
 Testator, through his thcu solicitors, Messrs. (names), of, 
 &c., the sum of £ , to bear interest at £5 per 
 
 cent, per annum, on an equitable deposit of title
 
 EXECUTORSHIPS. 31 
 
 deeds relating to said promises. Tenure leasehold, 
 from (date) for a term of years from the 
 
 day of 18 . 
 
 4. — On this date testator borrowed from Mr. n^p.^Kf 
 (name), of, &c., the sum of £ , to tinciVhis"' 
 
 Lcanchold 
 
 bear interest after the" rate of £5 per cent, per Residence, 
 annum, on an equitable deposit of title deeds rela- 
 ting to his said premises, accompanied by a memo- 
 randum, providing for execution, if required, by 
 testator, of a legal mortgage of the premises, to 
 contain a power of sale, and all other usual mortgage 
 powers and provisions, which was never insisted 
 upon by lender ; said sum, with interest up to 
 (date) was repaid to lender by said 
 
 executors on or about this date. 
 
 5. — Said testator died on this date . Testator-s 
 
 Death. 
 
 6. — Pursuant to advertisement, inserted in (papers), I'^'ifi^fJ.fp^j'^ 
 and pursuant to and in exercise of power and trust mcliuS 
 for that purpose contained in said will, said chaser, 
 executors put up said premises for sale by public 
 auction, and at said sale Mr. (purchaser) was 
 highest bidder for and declared purchaser thereof 
 at price of £ , and said premises were 
 
 afterwards duly assigned to him. 
 
 7. — Pursuant to said provision in tliat behalf con- General ac- 
 
 ■•■ count and 
 
 tained in said articles as aforesaid, and which it was otre^ia^ 
 
 1 • . , tor's Share 
 
 agreed by said executors and survivmg partners taken^on^ 
 was to be taken as applicable to partnership con- ^,^^l^^f. 
 
 1 ving Part- 
 
 tmued as aforesaid, a general account was taken on uers.
 
 32 EXECUTORSHIPS. 
 
 behalf of said executors and surviving partners, and 
 a balance-sheet of the affairs of the said partner- 
 ship was prepared by Messrs. (names), chartered 
 accountants, on behalf of all parties, and the value 
 of the testator's share, as on the day of his death, 
 was ascertained by them to be the sum of £ , 
 
 of which the sum of £ , together with all 
 
 interest payable in respect thereof, was afterwards 
 paid by the said surviving partners to the said 
 executors, leaving the principal sum of £ 
 still owing. 
 
 On this date Messrs. (names), accountants, one of 
 the surviving partners, and solicitor to executors of 
 deceased partner, met at surviving partners' office, 
 and the latter thereat carefully investigated said 
 accountants' epitome as to their examination of said 
 partnership accounts, wherein following items were 
 accounted for, representing the amount of assets at 
 the testator's decease and the liabilities as follows, 
 namely : — 
 
 Particulars (1) Stock ou liaud. — In ordcr to save expense of 
 a formal valuation by an independent valuer, the 
 value of the stock on hand at the time of testator's 
 decease was mutually agreed upon between the 
 surviving partners and Mr. (name) on behalf of the 
 executors, and all " open accounts " and acceptances 
 were guaranteed by former, at a discount of £1 per 
 cent., except a debt of nearly £ owing to 
 
 partnership by firm of (names), which they then 
 had grave doubts of receiving in full.
 
 to. 
 
 EXECUTORSHIPS. 33 
 
 (2) Cash in hand and (3) book debts and lial)ili- 
 ties, as follows : — 
 
 (1) Acceptances (interest allowed thereon). 
 
 (2) Open accounts, after deduction of interest 
 
 therefrom, and 
 
 (3) Capital, as per private ledger. 
 
 8. — The following epitome represents accurately special 
 result of said audit : — represent- 
 
 iiiR result 01 
 
 (1) Everything was practically reduced to cash partne"- 
 
 ship Hooks, 
 
 on (date of testator s death). and course 
 
 \ ' auopted 
 
 (2) Eight months' (prospective) interest f rom ence [hS^ 
 (date of testator's death) was charged on stock in 
 hand at rate of 5 per cent, per annum = £ (specify 
 the amount). A doubt arose as to the reasonaljle- 
 ness of this charge (the executors' share of which 
 amounted to upwards of £ ), in consequence 
 of which I wrote to the said accountants a letter 
 upon the subject, to which they, in effect, replied 
 as follows : — " That, in their opinion (1), deduc- 
 tion of eight months' interest from the gross 
 total of stock on hand on (date of testator's death) 
 is a reasonable and proper deduction to bring 
 the stock to a cash value. (2) Full prices ruling 
 in market on latter date were allowed on all 
 stock, and in case of timber accepted against 
 or bought for future delivery any increase in value 
 was added. (3) If this stock had been purchased 
 on the spot a credit of six months would have been 
 allowed to buyer, and as fully one-half of stock had 
 not arrived and was not delivered for over a montli 
 after (said date), and upon which freight had to be
 
 34 EXECUTORSHIPS. 
 
 Son^ paicl in cash, tliey did not consider the allowance 
 tainpoh^ts of eio^ht months' interest excessive." Counsel, in 
 
 connected " 
 
 therewith, ^nswcr to a case submitted upon the foregoing and 
 other points as to whether amounts charged against 
 the testator's estate in respect of said eight months' 
 interest and guarantee account {£ ), which 
 
 was agreed upon for purpose of indemnity against 
 doubtful outstanding debts, would have to be 
 reckoned as part of his estate, for the purpose of a 
 valuation for probate, advised " that neither of these 
 " accounts should be so reckoned, and that the value 
 " of the estate for purposes of probate duty is what 
 " the surviving partners give for deceased partner's 
 " share, and guarantee and interest funds will belong 
 " exclusively to surviving partners ; in other words, 
 " they only agree to take over stock at price fixed, 
 " and pay liabilities on this footing." 
 
 Second A case was also submitted to Mr. (barrister-at- 
 
 opmion. ^ 
 
 law), for his opinion upon the said charge, and he 
 advised, in effect, as follows : — 
 
 (1) " That deduction of eight months' interest 
 cannot be objected to. 
 
 (2) " That the reasons given in Messrs. (account- 
 ants) said letter seem to be, in principle, perfectly 
 unanswerable, and to show that a just valuation has 
 been made, which is expression used in clause 23 of 
 the articles. This view is confirmed by the circum- 
 stances mentioned to me in conference by Mr. 
 
 as to mode of taking valuation, quantity 
 of stock unsold, the rise and fall of prices, prices 
 actually realised, &c., all of which tend to support
 
 EXECUTORSHIPS. 35 
 
 conclusion that deduction of eight months' interest 
 from (the date of testator's death) last cannot be 
 considered excessive. 
 
 (3) " If matter were referred under arbitration 
 clause in the articles of partnership I think that, in 
 result, deduction of eight months' interest would be 
 deemed reasonable and proper." 
 
 9. — In further pursuance of said provision in that Bondhy 
 
 JT i surviving 
 
 behalf said surviving partners gave and executed to Executors" 
 
 of deceased 
 
 said executors their ioint and several bond of this I'anner to 
 
 •i secure 
 
 date in the penal sum of £ , subject to a con- share of 
 
 dition thereunder written for making the same void ship Assets, 
 upon payment by said surviving partners, or either 
 of them, their or any of their heirs, executors, or 
 administrators, unto said executors, or survivor or 
 survivors of them, or other legal personal represen- 
 tatives for time being of said testator, of said sum 
 of £ , by such instalments, and with such 
 
 interest thereon as aforesaid, and upon the said 
 surviving partners, their heirs, executors, and 
 administrators, indemnifying said executors respec- 
 tively, and their respective heirs, executors, and 
 administrators, and all and. singular testator's estate 
 and effects from and against all debts and liabilities 
 whatsoever of said partnership business, and all 
 actions, suits, expenses, claims, and demands in 
 respect thereof or on account of same. 
 
 By said bond it was provided and declared that 
 in case said testator's legal personal representatives 
 for the time being should be willing to accept such
 
 36 EXECUTORSHIPS. 
 
 payment, the said surviving partners, their heirs, 
 executors, or administrators might, if they thought 
 proper, pay all or any part of the moneys intended 
 to be thereby secured at an earlier time or times 
 than hereinbefore fixed for payment thereof. 
 
 Assign- 10. — In further pursuance of said provisions in 
 
 meut by i -i- 
 
 of^Testa-^^ that bclialf, and in consideration of the premises, 
 
 tor's share 
 
 of said As- each of said executors, by an indenture of this date, 
 
 sets to sur- 'J ' 
 
 ne^s'! who^ ' assigned and released unto said surviving partners, 
 
 purchased 
 
 powlrin their executors, administrators, and assigns, all 
 ntrship''' testator's cstatc, share, and interest in the said 
 
 Deed. 
 
 premises, and goodwill thereof, and stock-in-trade, 
 moneys, credits, and effects belonging thereto, as 
 part of their partnership estate and effects ; and in 
 consideration of the premises each of said executors 
 thereby released said surviving partners and each 
 of them, and each of latter thereby released each of 
 said executors and also testator's estate and effects 
 of and from all agreements and provisions con- 
 tained in said articles of partnership and all actions, 
 claims, and demands in relation to the said late 
 partnership. 
 
 NoKeaity. H. — Thcrc was no real estate constituting part 
 of partnership assets. 
 
 statutory 12. — Thc followiug is a copy of the statutory 
 
 Personal i n i 
 
 Account personal estate account rendered by the executors 
 to the Commissioners of Inland Revenue at date of 
 application for a grant of probate of said will : —
 
 EXECUTORSHIPS. 
 
 (1) Furniture, plate, linen, china, 
 
 books, pictures, wearing 
 apparel, jewels, and orna 
 ments, valued at 
 
 (2) Said leasehold messuage, called 
 
 (name) 
 
 (3) Rents of leaseholds due at the 
 
 testator's decease 
 
 (4) Rents of leaseholds due since 
 
 his decease to date of grant. 
 
 (5) Testator's share of said part 
 
 nership assets 
 
 37 
 
 s. d. 
 
 Total 
 
 .£ 
 
 ments 
 by Execu- 
 tors. 
 
 13. — Payments made by executors for (1) probate, l^y^ 
 (2) funeral expenses, (3) expenses attending execu 
 torship, (4) debts on simple contracts, taxes, wages, 
 &c., due at testator's death, (5) debts on mortgage, 
 with interest due at his death, amount altogether 
 to the sum of £ 
 
 14. — Accumulations of interest, dividends, rents, ^^^^'^f'^n'. 
 &c., togfether with an account of payments thereout, dends', 
 
 ' O J^ "^ lients, &c. 
 
 and deductions from residue of testator's estate, are 
 contained in account book, now produced, marked 
 with the letter "A," duly authenticated with the 
 signatures of executors and beneficiaries. 
 
 The residue of the said estate amounts to the sum 
 of £ or thereabouts.
 
 38 EXBCUTOESHIPS. 
 
 fen^cia- ^^' — ^^® ^^^^ exGCutors dulj ppoved the said will 
 
 tion by an 
 
 Execu'trtx, ill tliG District Registry attached to the Probate 
 
 a married 
 
 woman. Divisioii of Her Majesty's High Court of Justice 
 at , the said (name), with concurrence 
 
 of her said husband, having expressly renounced 
 probate and execution thereof. 
 
 statutory 16. — Statutorv uotice to creditors inserted in the 
 
 Notice to «^ 
 
 Creditors, following papcrs, namely, &c. : — 
 
 Claims 17. — The debts, claims, and demands delivered 
 
 delivered ' ' 
 
 theret^o'!'^ pursuaut to sucli uoticc have been duly paid, and 
 are set forth in the first part of the second schedule 
 hereunder written. 
 
 and Testa- '^^' — Particular s of the sums paid for funeral and 
 Elpenses; tcstamcutary expenses of said testator are set forth 
 
 Sums, 
 
 iecuritt^s*^ in the said first part of the second schedule here- 
 tiu^Testa- uudcr Written, and particulars of the several sums, 
 
 tor's 
 
 plrsonaP stocks, and securities constituting the testator's 
 residuary personal estate are set forth in the second 
 part of the same schedule. 
 
 Examina- 19. — Particulars set forth in the first and second 
 
 tion and 
 
 schedufi°^ schedules hereunder written have been carefully 
 
 by Lega- 
 
 tees. examined by the said (legatees), who are in all 
 respects satisfied with the correctness thereof. 
 
 Invest- 20. — Investments on mortefa^e, or otherwise, by 
 
 ments by o o ' ' t/ 
 
 Tenant for tenant for life to be specified seriatim.
 
 EXECUTORSHIPS. 
 
 No. 3. 
 
 A Testator, a bachelor, who died possessed of (1) 
 Cash in Bank, (2) Book Debts, (3) Household Fur- 
 niture, (4) Railway Stock, and (5) Chief Rents 
 payable out of property in Ireland. 
 
 Schedule op Particulars. 
 
 1.— Abstract of Will. 
 
 2. — Testator's Death. 
 
 3. — Probate. 
 
 4. — Statutory Personal Estate Account. 
 
 5. — Banking Account. 
 
 6. — Furniture Sale. 
 
 7. — Special circumstances connected with a bad 
 Mortgage security. 
 
 8. — South Eastern Railway Company Shares. 
 
 9. — Transfer of Shares into Executors' names. 
 10. — Statutory notice to Creditors. 
 11. — Chief Rents issuing out of property in Ireland 
 
 payable to Testator's estate. 
 12. — Lettino: Testator's House for residue of his 
 tenancy.
 
 EXECUTORSHIPS. 
 
 Re a. B., late of, &c. 
 
 SOLICITOR'S INTERMEDIATE REPORT, 
 
 On behalf of the Executobs, Messrs. C. D. and 
 E. F., TO THE Residuary Legatees as to their 
 Management and Realisation op Testator's 
 
 Estate. 
 
 Abstract of i^ — -Qj |^|g -^[\i gf ^\-^[^ (j^te testator, after 
 directing that all his just debts and funeral and 
 testamentary expenses should be fully paid and 
 satisfied as soon as possible after his decease, gave 
 all his property, estate, and effects whatsoever and 
 wheresoever, and of what nature or kind soever, 
 unto and appointed the said (names) executors and 
 trustees thereof (copy trusts of will). Testator 
 devised all estates vested in him as a trustee or 
 mortgagee unto , their heirs, 
 
 executors, and administrators, subject to the trusts
 
 EXEOUTOESHIPS. 41 
 
 and equities affecting same respectively, but so that 
 the money secured by any mortgage should form 
 part of his personal estate. And declared that said 
 E. F., and any future trustee of that his will, who 
 might be a solicitor, should be entitled to charge 
 his estate for all business (whether strictly profes- 
 sional or not) done by him in relation to his will, or 
 the trusts thereof, in same manner as he would 
 have been entitled to charge his executors and 
 trustees for same, if he had not been himself an 
 executor or trustee, but had been employed by his 
 executors and trustees to do such business as their 
 solicitor. (The author was one of the executors, 
 hence the said remuneration clause.) 
 
 2. — Said testator died without havinsf revoked or Tcstator-a 
 
 ° Death. 
 
 altered his said will, &c., and on the 
 
 3. — Same was duly proved and registered in the Probate of 
 
 •^ ^ ° said VVm. 
 
 District Registry attached to the Probate Division 
 of Her Majesty's High Court of Justice, at 
 
 , by said executors, gross value of personal 
 estate being estimated at £ , nett value 
 
 being £ , made up as follows, viz. : — 
 
 Debts £ 
 
 Funeral Account ... 
 
 Total £ 
 
 which, deducted from gross, left said balance of 
 £
 
 42 
 
 EXECUTORSHIPS. 
 
 Statntory 
 Personal 
 
 Estate 
 Account. 
 
 4. — At date of his decease his personal estate 
 consisted of the following, viz. : — 
 
 £ s. d. 
 
 (1) Cash in house 
 
 (2) A draft, No. 237, dated 
 
 188 , for £ , of Royal 
 
 Bank of , Limited, 
 
 , payable to testator's order, 
 seven days after date, on 
 Bank, Limited; 
 found amongst his papers 
 after his decease, unindorsed 
 
 (3) Cash at bankers, viz., 
 
 Banking Company : — 
 Principal, £ 
 Interest, £ 
 
 (4) Receipts from debtors, as per 
 
 schedule annexed 
 
 (5) Household goods, linen, wear- 
 
 ing apparel, books, &c., sold 
 for 
 
 (6) Jewellery 
 
 (7) Dividend on stock of South- 
 
 Eastern Railway Company... 
 
 £ 
 
 B^nkew ^- — Following is an abstract of testator's deposit 
 account : — 
 
 Manchester and Liverpool District Banking Co., 
 Limited, 
 Spring Gardens, Manchester. 
 In account with executors (names) of late
 
 executorships. 43 
 
 Dr. Cr. 
 
 1882— March 6. 1882— March 11. 
 
 Balance of account Balance trans- 
 transferred on f erred to Wigan 
 1st March branch 
 
 S outh-E astern 
 Railway divi- 
 dend warrant, 
 11th inst 
 
 £ 
 
 6. — Testator's plate, linen, china, books, pictures, saie of 
 
 Testator's 
 
 wearing apparel, jewels, and ornaments were valued Furniture. 
 on this date by Mr. , of , 
 
 auctioneer and valuer, at sum of £ (vide 
 
 original valuation left herewith) ; furniture was 
 valued at £ , and jewellery at £, 
 
 making together £ .The valuer purchased 
 
 furniture for £ clear, it being deemed 
 
 advisable to accept this sum, in order to avoid the 
 trouble and expense consequent upon a sale by 
 auction, and the executors being convinced that, in 
 event of adoption of latter course, net proceeds of 
 sale would not have exceeded Mr. 's offer. 
 
 7. — Some years agfo testator advanced (through special cir- 
 
 «' o \ o cumstancea 
 
 his then solicitor in ) a sum of £, to ^wlhl^'b^ 
 
 bear interest after rate of £ per cent, per annum, security. 
 on a mortgage of the equity of redemption of and 
 in houses and acres of land, part of the 
 
 estate, situate in, &c. This mortgage 
 turned out to be a most unfortunate affair, the
 
 44 EXECTTTORSHrPS. 
 
 deceased being, througli Ms misplaced confidence in 
 the mortgagor, most shamefully duped. The 
 property was eventually sold by first mortgagee for 
 £ , out of which testator received only 
 
 £ . It has been ascertained that the houses 
 
 were never completed by B. (borrower), who 
 pocketed the mortgage money intended for that pur- 
 pose. Every effort has already been exhausted by 
 Messrs. , of , solicitors, to fasten B. 
 
 with liability for the loan; but it is impossible to reach 
 him with the criminal law, and any further attempt 
 in that direction would be futile, and simply result 
 in a waste of time and money. The several bills of 
 costs of and incidental to the matter have been 
 carefully gone through, and it appears that the 
 greater portion of them have been incurred in 
 trying to realise something out of B.'s estate, and 
 making testator's former solicitor, responsible for 
 advising him to lend on such security. The exact 
 amount thereof, including a compounded salvage 
 claim, is £ . There is no doubt they have 
 
 had a great deal of trouble over the matter, and 
 done their best to save something out of the wreck ; 
 but under the special circumstances I submitted to 
 them that, having regard to the extent of testator's 
 loss, and the manner in which it was brought about, 
 I trusted they would see their way to make a 
 reasonable abatement from their costs, in order to 
 compensate, in some trifling degree, for the enor- 
 mous deficiency. I further submitted that, taking 
 into consideration (1) the disastrous result of this
 
 EXECUTORSHIPS. 45 
 
 terribly unfortunate investment, (2) the amount of 
 the mortgage, and (3) the costs incurred in relation 
 thereto, the latter appeared somewhat heavy, and 
 that, under these circumstances, my proposal de- 
 served their favourable consideration. The balance- 
 sheet rendered by them up to the time of testator's 
 death showed a balance in their hands of £ 
 to his credit. 
 
 8. — At his death the testator was the registered ^^^^^^^ 
 proprietor in said company of (1) £50 preferred company 
 
 Shares. 
 
 ordinary stock. No. 252, valued at £146 for every 
 £100 worth of stock ; (2) £50 deferred ordinary 
 stock, No. 238, market price £121 ; and (3) £50 
 perpetual debenture stock of the same company. 
 No. 3,849, £5 per cent, in perpetuity, entitled to 
 full dividend from 1st July, 1873, market price 
 £135. 
 
 9. — The said shares were duly transferred into Transfer 
 
 ■^ thereof into 
 
 executors' names as registered proprietors thereof namM^"" 
 on this date, and the certificates are now in their 
 possession. 
 
 10. — A notice was inserted in (papers), requiring statuto^ 
 all persons having any claims against the testator's C"^'^"- 
 estate to forthwith send particulars thereof to me, 
 as solicitor to executors, and in due course claims 
 amounting to £ were received, and have 
 
 since been duly discharged. 
 
 11. — (1) £ per annum, payable under acwcf^i^nu 
 
 fee farm grant of (date), by Mr. , of Cii/eC^
 
 46 EXECUTORSHIPS. 
 
 , and (2) £ or thereabouts per 
 
 annum, payable by the representatives of late Mr. 
 
 . Messrs. state that the rents 
 
 are well secured, and that farm-head rents of this 
 class are generally valued at about to years' 
 
 purchase in Ireland, and that in each of these cases 
 the executors would have to make out a title, and 
 the costs of so doing and selling by auction should 
 be taken into consideration. Property of this kind 
 being regarded as freehold is not returned for 
 probate. At his death there was £ due for 
 
 arrears of rent, and as H.'s affairs are being adminis- 
 tered in the Chancery Division of the High Court 
 of Justice, the interest of the said representatives 
 having been sold, a claim was in due course sent by 
 Messrs. into the Chief Clerk's office for the 
 
 above amount. The said chief rents are still unsold, 
 and the same are being received by , of 
 
 , as agents for and on behalf of the said 
 executors. 
 
 Letting 12. — Mr. , of , aerreed on this 
 
 Testator's ' ' O 
 
 fesmuioi date to take the house formerly occupied by testator 
 for and during residue of executors' tenancy therein, 
 from 12th February to 12th May, and to pay to 
 them £ , as and for rent thereof, free from 
 
 all deductions. 
 
 Tenancy.
 
 EXECUTORSHIPS. 
 
 No. 4. 
 
 Schedule of Particulars. 
 
 1.— Abstract of Will. 
 
 2. — Testator's Death. 
 
 3. — Personal Estate Account. 
 
 4. — Executors' inability to pay Debts for a year. 
 Special Report to Creditors as to position 
 of Testator's Estate, and request for further 
 time for payment of their claims, until 
 Executors have had an opportunity of 
 realising a portion thereof wherewith to 
 pay. Account of Testator's personal Estate 
 to accompany. 
 
 5. — Supplemental Circular Letter. 
 
 6. — Creditors' Agreement to wait.
 
 EXECUTORSHIPS. 
 
 E/E , DECEASED. 
 
 SOLICITOR'S INTERMEDIATE REPORT 
 
 As TO Executors' Management, &c., of Testator's 
 
 Estate. 
 
 Abstract of 1. — Testator executed his last will, and appointed 
 his wife and two daughters executrixes, and thereby 
 gave, devised and bequeathed all his estate and effects 
 whatsoever and wheresoever, real and personal, of 
 what nature and kind soever, unto his said wife and 
 daughters, their heirs, executors, administrators, 
 and assigns, upon trust, &c. (Set out trusts of 
 
 wm.) 
 
 Testator's 2. — Testatop disd without, &c. 
 
 Death. '
 
 EXECUTORSHIPS. 
 
 49 
 
 (^) 
 
 (^) 
 
 8. 
 
 (1) Cash in house 
 
 (2) Book debts, estimated to produce 
 
 (3) Household goods, &c., unsold, 
 
 valued at 
 
 (4) Stock-in-trade, &c., unsold, 
 
 valued at 
 
 (5) Leasehold property unsold ; all 
 
 those four leasehold shops and 
 dwelling-houses, situate and 
 being Nos. aforesaid. 
 
 Term 999 years from (date). 
 Gross rental £ 
 Ground rent £ 
 rental £ 
 valued at £ 
 mortii'ao'c debt of £ 
 due from testator, and 
 created by five indentures 
 dated respectively (dates) 
 of mortgage and furtlier 
 charges, for which said lease- 
 hold proi)erty is sole security 
 
 Rents of said leaseholds due 
 prior to testator's death, but 
 not received by liiiii, esti- 
 mated at 
 
 Rents thereof accrued since 
 testator's death ... 
 
 s. d. 
 
 Net 
 
 less a 
 
 Total 
 
 £ 
 
 Less debts due and owing 
 from deceased, &c £ 
 
 Net value of personal estate. £
 
 50 EXECUTOESHIPS. 
 
 Debts. 4. — In consequence of the inability of tlie executors 
 
 to forth witli pay testator's debts, it became necessary 
 to submit to eacli creditor, for consideration, a report 
 of the whole of the facts relating to estate, and same 
 was accordingly incorporated in a circular letter, of 
 which a print is hereunto annexed : — 
 
 As to position of testator's estate, and request for 
 
 Report to further time for payment of their claims, until 
 
 Creditors. '- '' 
 
 executors have had an opportunity of realising a 
 portion thereof wherewith to pay. 
 
 (1) We have recently obtained a grant of Probate, 
 on behalf of Mrs. (widow). Miss , 
 and Mrs. , of the will of Mr. , late 
 of , and they have instructed us to 
 submit, for your consideration, the following facts 
 relative to the estate : — 
 
 (2) In consequence of the depressed state of 
 trade, the total value of his estate does not amount to 
 anything near what was anticipated, and, under the 
 special circumstances, we have deemed it prudent to 
 inform you as to the exact position of the estate, to 
 enable you to carefully consider as to the reason- 
 ableness or otherwise of our application hereinafter 
 contained. The summary set forth on the last page 
 hereof will show how gross value of his personal 
 estate and effects, for or in respect of which a grant 
 of Probate has been obtained, has been made out. 
 
 (3) Deceased owned no real estate. 
 
 (4) The debts payable by law out of said personal 
 estate and effects amount to £ , and his 
 funeral expenses, which were on the most economical
 
 EXECUTORSHIPS. 61 
 
 scale, to £ , aggregate amount of both being f^%'^^l^ 
 
 £ , which, being deducted from value of said (couunued) 
 
 personal estate, reduces such value to £ 
 
 (5) Testator has left a widow and seven children 
 to be provided for out of his small estate, and we 
 are informed that, having regard to the continued 
 depressed state of trade and other circumstances, it 
 will be impossible for the executrixes to discharge 
 your account forthwith, and it would be disastrous 
 in the extreme, and prejudicial to the interests of all 
 parties, if they were forced to realise the estate at 
 once, without having an opportunity of keeping it in 
 hand until there is an appreciable improvement in 
 the state of the property market. We think it right 
 to remind you that, under the trust for sale con- 
 tained in testator's will, executrixes have a discre- 
 tionary power as to realisation thereof, and would, 
 under ordinary circumstances, be allowed a year at 
 least to wind up the estate. It is believed that if 
 the sale of the leaseholds is postponed until, in their 
 uncontrolled discretion, a favourable opportunity 
 should arise for realisation thereof, much larger 
 prices would be hereafter reaUsed. 
 
 (6) Mrs. , who is naturally anxious to 
 
 get all testator's debts paid as soon as practicable, 
 thinks that if a year is allowed by each creditor 
 for payment of their respective claims, she would be 
 enabled, by strict economy and a careful manage- 
 ment of the estate (provided there is no further 
 depression in the state of trade, which event would,
 
 52 EXEOUTOESHIPS. 
 
 Special of course, seriously cripple her efforts), to realise 
 
 Keport to ' J 1 r / ' 
 
 fcoSuld) sufficient to pay all debts. 
 
 (7) Having regard to the fact that the deceased 
 has traded with jou for about years, we are 
 emboldened to think you would not be inclined to 
 put his widow and family to any unnecessary 
 expense or annoyance to enforce payment of your 
 claim, but on the contrary would show your prac- 
 tical sympathy with them by kindly allowing at 
 least a year to discharge your claim. 
 
 (8) Your kind compliance with our request will 
 doubtless enable our clients to struggle on, and 
 realise sufficient within that time to pay the whole, 
 or at least the major part, of your claim. If at the 
 end of a year they find that circumstances have 
 unfortunately prevented a realisation of their antici- 
 pation they will doubtless inform us in due course, 
 and make arrangements for payment of the balance 
 in such manner and at such date as will suit your 
 convenience. We have thought it best to submit 
 the whole of the facts connected with the estate for 
 your consideration, and sincerely trust that, under 
 the special circumstances, you will be pleased to 
 unconditionally accede to our clients' request. 
 
 (9) Any further information you may require to 
 enable you to arrive at a decision upon the foregoing 
 facts shall be supplied on receipt of an intimation to 
 that effect. Of course you will, we feel sure, kindly 
 bear in mind that it is of the greatest importance to 
 our clients that this letter should, for obvious 
 reasons, be kept strictly private.
 
 EXECUTORSHIPS. 53 
 
 (10) An early reply as to your acquiescence in ffl!'^^l^l^^ 
 or dissent from the said ]iroposal will greatly oblige, (conuimcd) 
 
 Account of testator's personal estate to accom- 
 pany foregoing report (vide page 49). 
 
 5. — Several creditors having failed to reply, a suppie- 
 
 . iiu'iital 
 
 supplemental cu'cular letter was addressed to them, Circular 
 
 •C^ i ' IjCttcr to 
 
 of which a print is hereunto annexed : — creditors. 
 
 Ee , DECEASED. 
 
 We shall be glad to receive a reply to our circular 
 letter of ultimo herein. Many of the largest 
 
 creditors have signified their willingness to wait 
 the requisite period for pajanent of their respective 
 accounts, and our clients would be much obliged if 
 you would kindly inform us of your intentions 
 respecting your account against deceased's estate. 
 If you will instruct your traveller to call upon us, 
 when next he is in , we will give him any 
 
 further information respecting testator's estate, and 
 shall no doubt be able to satisfy him that it is 
 reasonable, and will be beneficial to all the creditors, 
 that the required period should be allowed for pay- 
 ment of testator's debts. Of course, you are doubt- 
 less well aware that the legal position of the matter 
 is as follows, viz. : — (1) An executor cannot be 
 compelled to proceed with the distribution of the 
 estate if he can show that a reasonable time has not 
 elapsed. (2) That strldlij there is no defined time 
 for winding up estates, and reasonable time must be 
 interpreted according to the magnitude of the estate
 
 54 EXECUTOKSHIPS. 
 
 fnentii ^^^ ^^® complicatioii or simplicity of its character. 
 LeTteA'^D (3) Some criterion is to be obtained from the legal 
 
 Creditors . . , 
 
 (continued) provision that no executor can be compelled to pay 
 a legacy under 1 2 months, and a creditor must make 
 out a strong case to go successfully into court, and 
 recover amount of his claim under that period ; and 
 (4) How far over 12 months either a creditor or a 
 legatee may be compelled to wait depends entirely 
 upon the special circumstances of the case. 
 
 We venture to think that after the explanation 
 contained in this, and our previous circular letter, 
 you will be pleased to accede to our clients' request, 
 in order that they may have a reasonable oppor- 
 tunity of realising sufficient to pay the debts. 
 
 An early reply as to your final decision will 
 greatly oblige. 
 
 to wait. 
 
 Slment ^- — -^^^ ^lic Said crcdltors have agreed to comply 
 with said request, by waiting a year for their 
 respective claims, to enable the executors to carry 
 out the arrangements contemplated by the said 
 report, and the latter are now making strenuous 
 efforts to realise sufficient in the meantime to pay 
 the said claims in due course.
 
 EXECUTORSHIPS. 
 
 No. 5. 
 
 Schedule op Particulars. 
 
 1.— Abstract of Will. 
 
 2. — Testator's Death, and Probate of Will. 
 
 3. — Payment of Debts. 
 
 4. — Personal Estate Account. 
 
 5. — Release to Executors on final distribution of 
 
 Residuary Personal Estate. 
 6. — Sale by Auction of Testator's Freeholds. 
 7. — Conveyance thereof to Purchasers, and 
 8. — Investment of proceeds of Sale.
 
 EXECUTORSHIPS. 
 
 Ee , DECEASED. 
 
 SOLICITOR'S INTERMEDIATE REPORT 
 
 To Residuary Legatees as to Executors' Realisa- 
 tion AND proposed FiNAL DISTRIBUTION OF 
 
 Testator's Personal Estate, and Realisation 
 AND Investment op Proceeds of Sale of his 
 Real Estate, Interest of latter being payable 
 to his Daughter during her Life. 
 
 Abstract of ]. — Testatoi' executed his will, whereby, after 
 bequeathing certain pecuniary legacies, he gave all his 
 personal estate, &c., unto his executors, upon trust 
 to sell, and convert same into money, and to stand 
 possessed thereof, upon trust, to divide same equally 
 amongst his children, but subject to deductions 
 therein mentioned for and in respect of certain 
 advances to them during testator's lifetime, particu- 
 larly specified in cash account, No. 4, hereinafter
 
 EXECUTORSHIPS. 57 
 
 contained. Testator appointed (names) trustees 
 and executors thereof, and devised all his dwelling- 
 houses, hereditaments, and premises, situate in , 
 and all other his real estate, whatsoever and where- 
 soever unto his trustees, upox trust, to permit his 
 daughter to receive the annual income thereof during 
 her natural life, and, from and after her decease, he 
 directed his trustees to sell his said real estate, either 
 by public auction or private contract, in such way 
 and subject to such conditions, and generally to deal 
 therewith in such way as if they were the absolute 
 beneficial owners thereof, and to stand possessed of 
 the net moneys thereby produced upon the trusts 
 therein declared of and concerning the same ; and 
 he empowered his trustees if they in their absolute 
 discretion should think fit to do so, and, notwith- 
 standing the said life interest, and freed and dis- 
 charged therefrom, to sell his real estate pursuant 
 to the said power of sale, and invest the proceeds 
 of such sale as therein mentioned. 
 
 2. — Testator died without, &c., leaving (1) AV. D., Hf^^'^i,^^ 
 (2) J. D., (3) K. D., (4) E. P., and (5) M. D., himKvk"' 
 surviving, and probate of his said will was on the 
 (date) granted by the District Registry, at , 
 
 of the Probate Division of Her Majesty's High Court 
 of Justice to said trustees and executors. 
 
 3. — Said executors possessed themselves of testa- Pavmentof 
 
 ^ Debts 
 
 tor's personal estate, and with and out of proceeds 
 thereof, paid his funeral and testamentary expenses, 
 debts, and said legacies.
 
 58 EXECUTORSHIPS. 
 
 E^tote*^ 4. — The executors' accounts (numbered 2) of 
 &c. ' personal estate sliow receipts and payments made 
 bj tliem for and on account thereof since probate 
 of said will up to and including this date. Originals 
 thereof will be produced at intended meeting for 
 signature by beneficiaries. 
 
 ExelfutVrs ^' — ^oucy valuc of residuary personal estate now 
 i)istr°bu- distributable, after payments aforesaid, is £ 
 
 tionof . - ^ *^ 
 
 plrsona^ ^^ sharcs sct forth in abstract account, No. 3. 
 
 Estate. ^ detailed account has been prepared (vide No. 
 4) of testator's personal estate, and of disposi- 
 tion and application of same, and proceeds and 
 income thereof respectively, which each beneficiary 
 will be required, at final distribution, to examine, in 
 order to satisfy himself as to correctness thereof, 
 after which each will be required to execute a 
 deed releasing each executor from all actions, &c. 
 
 Sale by 6. — Said trustccs, in pursuance of the power con- 
 
 Auction of •■• ••■ 
 
 Frfehoms. talucd in said will, offered said freeholds for sale 
 by auction, at which sale A. B., for himself and his 
 brother C. D., bid for lot 1 £ , and for lot 2 
 £ , and being the highest bidder was declared 
 purchaser thereof. 
 
 Convey- 7. — Bv convevanccs of this date, said trustees 
 
 ance there- "^ '' 
 
 chase^^' convcycd said lots unto said purchasers, to hold 
 same unto and to use of said A. B. and 0. D. in 
 equal shares, as tenants in common in fee simple. 
 
 Investment 8. — Procccds of Sale of Said lots have been 
 
 of proceeds 
 
 of Sale. invested (specify nature of investment fully) for the 
 benefit of testator's daughter during her life.
 
 EXECUTORSHIPS 
 
 No. 6. 
 
 Schedule of Pabticulaes. 
 
 1.— Abstract of Will. 
 
 2.— Testator's Death. 
 
 3.— Probate of Will. 
 
 4. — Personal Estate Account. 
 
 5. — Payment of Debts, &c. Balance left, £. 
 
 6. — Re-marriage of Testator's Widow. 
 
 7. — Proposed Interim Distribution on Sons attain- 
 ing 21. 
 
 8. — Investment on Mortgage of an Annuity 
 Fund of £500, pursuant to said Trust for 
 benefit of Testator's Widow. 
 
 9. — Death of one Trustee. 
 10. — Assignment by Trustee under Bankruptcy of 
 one of Testator's Sons of latter's share in 
 said Fund.
 
 60 SCHEDULE. 
 
 11. — Appointment by surviving Trustee of New 
 
 Trustees under said Will. 
 12. — Transfer of said Equitable Mortgage to 
 
 Appointees. 
 13. — Mortgage to latter executed. 
 14. — Qualified Eelease of Claims and Indemnity 
 
 to Executors.
 
 EXECUTORSHIPS. 
 
 Re , DECEASED. 
 
 SOLICITOR'S INTERMEDIATE REPORT 
 
 To Residuary Legatees (Testator's two Sons) 
 
 ON THEIR respectively ATTAINING 21, AS TO 
 
 Executors' Management, Realisation, and In- 
 terim Distribution op a portion only of his 
 Estate, Residue being invested for benefit 
 of his Widow for her Life. 
 
 1. — By his will of this date said testator, in first A^jfj'"^'°' 
 place, ordered and directed his executors to pay all 
 his just debts, funeral and testamentary expenses 
 out of his residuary personal estate, and gave 
 and bequeathed unto them and survivor of them, 
 and executors, administrators, or assigns of such
 
 62 EXECUTORSHIPS. 
 
 survivor, all and singular Ms stock-in-trade, &c., 
 UPON TRUST, to sell and convert into money so much 
 and such part and parts of his estate, &c., and to 
 stand possessed of moneys to arise from such sale 
 and conversion aforesaid, and his said residuary 
 personal estate and accumulation thereof, upon 
 TRUST, to invest £500, in case of marriage again of 
 his (testator's) wife, in their or his names or name, 
 in Parliamentary Stocks or public funds of Grreat 
 Britain, or at interest on Grovernment or real or 
 leasehold securities in England, with power to alter, 
 vary, and transfer same for or into other stocks, 
 funds, or securities, when and so often as they or he 
 should think fit ; and testator thereby directed his 
 trustees or trustee for time being to pay interest, 
 dividends, and annual proceeds thereof unto his said 
 wife for and during term of her natural life half- 
 yearly; and in said will was contained a proviso 
 that if said trustees or survivor of them should die, 
 or desire to be discharged from, or refuse or become 
 incapable to act in trusts aforesaid, then and in any 
 of such cases it should be lawful for surviving or 
 continuing trustees or trustee for the time being, 
 &c., to appoint any other person or persons to be 
 trustee or trustees in place of trustee or trustees so 
 dying, desiring to be discharged, or refusing, or 
 becoming incapable to act as aforesaid. And as 
 often as any new trustee or trustees should be 
 appointed, all trust estate should be respectively 
 assigned in such manner that same might be legally 
 vested in such appointees either solely or jointly
 
 EXECUTORSHIPS. 6S 
 
 with surviving or continuing trustee, as case might 
 require, upon trusts and to and for uses, intents, 
 and purposes therein expressed, or such of them as 
 shouhi be then subsisting and capable of taking 
 effect, and such appointees should be entitled to 
 exercise same powers as if they had been appointed 
 trustees by said will. And said testator appointed 
 said A. B. and CD. executors thereof. 
 
 2. — Said testator died, leaving said A., his widow, If^^^^'^'^ 
 and C. and D., his only children him surviving, 
 without having altered or revoked his said will, 
 and same was on (date) 
 
 3. — Duly proved at by said executors. ^y^^?**®"' 
 
 4. — Testator was at his death possessed of and ^%f^^^ 
 entitled to certain personal estate only, viz. : — ^*^°"° ' 
 (specify same). 
 
 5. — Said executors possessed themselves of said dcwSc"' 
 estate, and paid (1) all testator's funeral and testa- mCm':'' 
 mentary expenses and debts, (2) legacies bequeathed 
 by his will, and (3) duty thereon, and there remained 
 in their hands a balance of £ 
 
 6. — Said A. intermarried with E. Said executors Remarri- 
 age of 
 
 thereupon took possession of and sold testator's ^^^dow^'^'' 
 stock-in-trade, household furniture, and all other 
 his personal estate belonging to his said business, 
 and converted into money such parts thereof as did 
 not consist of money, and called in residue of his 
 personalty and all accumulations thereof, and stood
 
 64 EXECUTORSHIPS. 
 
 possessed of moneys arising from such conversion, 
 &c., and his said residuary personal estate and 
 accumulations thereof, upon certain trusts in said 
 will declared concerning same for your benefit. 
 
 FntTr?m^ 7. — Said cxecutors intend, pursuant to trusts of 
 uonon'^' said Will, to pay testator's residuary personal estate, 
 attaining cousistiug of the sum of £ , to each of you in 
 
 equal shares ; but previously thereto they hereby 
 require you to examine their detailed account of 
 testator's personal estate, and of disposition and 
 application of same and proceeds and income thereof 
 respectively, which is contained in a certain book in 
 their possession, to be authenticated (after such 
 examination and approval) by your signatures. 
 
 Investment 8. — Bv a mcmoraudum of aa^reement of this date, 
 
 onMort- "^ ° 
 
 iSty^*^ and made between of one part and said 
 
 £500, pur- executors of other part, certain leasehold premises 
 
 suant to 
 
 for bei^flt' in were charged by with repayment 
 
 of XestSi- 
 
 tor's to them of said sum of £500, then advanced by 
 
 Widow. •' 
 
 them to him, with interest thereon after rate of £5 
 per cent, per annum. 
 
 Death of 9. — Said C. D. died. 
 
 one Trus- 
 tee. 
 
 Assign- 10. — By assignment of this date, made between 
 
 ment by 
 
 Sr^^ trustees of estate of said (one of testator's 
 
 ruptcyof sons), a bankrupt, of one part and 
 
 oneofTes- '^ ^ ^ 
 
 ofuuer°8°^of other part, all the estate share and interest 
 
 said Fund, of Said bankrupt under said will expectant on 
 
 decease of said A., to which said trustees were 
 
 then or thereafter might be or become entitled of
 
 EXECUTORSHIPS. 65 
 
 and in said sum of £500, and investments repre- 
 senting same and income thereof, became and were 
 assigned unto said absolutely. 
 
 11. — By indenture of this date said , in Appoint- 
 
 •^ nifiit by 
 
 exercise of power for that purpose given to him by inS of 
 said will, thereby appointed said to be tees umier 
 
 ' . . . saidWUl. 
 
 trustees of said will in place of said CD., deceased, 
 and himself ; and it was by said indenture declared 
 that said appointees, their executors, administrators, 
 and assigns should stand possessed of and interested 
 in said sum of £500, to be transferred into their 
 joint names, upon trusts, and with and subject to 
 powers and provisions upon, with, and subject to 
 which same ought to be held under said will. 
 
 12. — Said , by indenture of this date, Transfcrof 
 
 'J ' saul equit- 
 
 transferred said equitable mortgage to said . page to""' 
 
 Appointees. 
 
 13. — Said executed a mortofaofe of said MortRage 
 
 O o to latter 
 
 premises to said appointees. executed. 
 
 14. — If satisfied with correctness of said account, Qnaiifled 
 
 Helease of 
 
 and their general conduct in and about management i,ui""niu'/ 
 
 -,-,...„■» to Execu- 
 
 ana admmistration ot testator s estate, executors tors, 
 will require you to execute to them a release of all 
 actions, &c., for anything done by either of them in 
 connection with said estate. Such release will not, 
 however, extend to one moiety of the said sum of 
 £500 so directed to be invested as aforesaid for 
 benefit of testator's widow during her natural life, 
 which does not become payable until her decease. 
 
 8
 
 66 EXEOUTOESHIPS. 
 
 N.B. — Foregoing report was rendered prior to 
 bankruptcy of one of said legatees. Paragraph 10 
 lias been added since, simply to show exact position 
 of estate, if and when said sum of £500 becomes 
 payable.
 
 EXECUTORSHIPS. 
 
 No. 7. 
 
 Schedule of Particulaes. 
 
 1.— Abstract of Will. 
 
 2. — Statutory Notice to Creditors. 
 
 3. — Payment of Testator's Debts. 
 
 4. — Testator's Freeholds and Leaseholds, and 
 collection of Rents thereof. 
 
 5. — Deed of Direction by Residuary Legatees to 
 Trustees as to Postponement of Sale thereof, 
 and ultimate Sale pursuant thereto. Par- 
 ticulars of amounts realised, and special 
 circumstances connected with Sale of one 
 lot to a Railway Company. 
 
 6. — Testator's Estate Account. 
 
 7. — Expenditure on Property Account since Testa- 
 tor's Death. 
 
 8. — Re A. B., deceased; special circumstances con- 
 nected with share of a deceased Legatee. 
 
 9. — Investment of Infant Legatee's share.
 
 68 SCHEDULE. 
 
 10. — Re Mrs. , deceased. Administration to 
 
 share of a deceased Legatee, a married 
 woman, granted to her Husband. 
 
 11. — Interim Distributions. 
 
 12. — Balance Sheets rendered to Legatees in due 
 course before final distribution. 
 
 13. — Special Residuary Account. 
 
 14. — Release to Executors on final distribution. 
 
 15. — Proposed division of Testator's Residuary 
 Estate.
 
 EXECUTORSHIPS. 
 
 Re , DECEASED. 
 
 This precedent relates to tlie first case mentioned 
 in the author's circular letter of oOtli September, 
 1886, namely: — "Some years ago a testator died, 
 leaving his estate to sixteen nephews and nieces. 
 The trust estate was large, and under trust for sale 
 contained in his will was immediately distributable, 
 but as it was considered very disadvantageous to 
 residuary legatees that same should then be disposed 
 of, and if sale should be postponed it was believed 
 that much larger prices would thereafter be realised 
 they, by a Deed of Direction executed by them, 
 severally declared that it should be lawful for 
 executors (for whom author acted) to postpone 
 sale and conversion of said estate, or any part or 
 parts thereof, beyond year allovv^ed for winding up 
 an estate, until in their uncontrolled discretion a 
 favourable opportunity should arise for realisation 
 thereof, they dividing in meantime, as often as con- 
 venient, net rents and profits of said estate for time 
 being remaining unsold, and having, until such sale 
 and realisation, all such powers as were conferred 
 on them by said will."
 
 70 EXECUTOESHIPS. 
 
 SOLICITOR'S REPORT, 
 
 In Names oe and foe and on behale oe Executoes, to 
 
 THE ReSIDUAEY LEGATEES, AS TO THEIE MANAGE- 
 MENT, Realisation, and peoposed Disteibution 
 OE THE Testatoe's Residuaey Peesonal Estate, 
 
 AND OE PEOCEEDS OE SaLE OE ReAL EsTATE. 
 
 A^^tractof 1. — The Said testator duly made his last will on 
 this date, and thereby appointed the said (names) 
 executors thereof, and, after confirming the assign- 
 ment made by him to the said of his policy 
 for £ in the Assurance Company, 
 thereby gave to his nephew, , son of his 
 late sister, , the sum of £ , and 
 thereby gave all the residue of his real and personal 
 estate, whatsoever and wheresoever, unto and to the 
 use of the said , their heirs, executors, 
 administrators, and assigns, according to the nature 
 thereof respectively, upon teust that the said 
 , or the survivor of them, or the heirs, 
 
 N.B. — In present case beneficiaries were each supplied, at their own expense, 
 with a copy of will for perusal and reference if, and when, required during 
 continuance of trust. Adoption of this course is economical to them, as cost of 
 an office copy of will from District Registry, after probate thereof, would 
 considerably exceed solicitor's charge for an attested or a fair copy supplied by 
 him. It is always prudent to inquire from each legatee, as soon as possible 
 after receipt of instructions for probate, if a copy or an abstract of the will will 
 be required. If same is lengthy, and there are several legatees, a print can be 
 supplied instead of a written copy. Where a copy has been supplied as afore- 
 said, it is unnecessary to set forth an abstract of the testator's will. The only 
 reference required is as follows : — Testator, by his last will (a copy of which 
 has already been supplied to each legatee), appointed Messrs. (names) executors 
 thereof.
 
 EXECUTORSHIPS. 71 
 
 executors, or administrators (as the case might be) 
 of such survivor, their or his assigns, shouki as soon 
 as conveniently might be after his decease, and in 
 such manner and upon such terms as they or he 
 should think fit, sell, collect, or otherwise convert 
 into money all such parts of his said property as 
 should not consist of ready money, and might buy 
 in or rescind any contract for sale and re-sell with- 
 out being answerable for loss, and might for the 
 purposes aforesaid execute and do all such assur- 
 ances and things as they or he should think fit, and 
 should, out of the moneys to arise from such sale, 
 collection, and conversion, and the money of which 
 he should be possessed at his death, pay his funeral 
 and testamentary expenses and debts and the legacy 
 or legacies bequeathed by that his will or any codicil 
 thereto, and should invest residue of said moneys in 
 manner therein mentioned, and hold said premises 
 and rents and income thereof, in trust for such of 
 them, his nephews and nieces, children of his 
 deceased brothers or sisters, including his nephew, 
 said , natural son of his (testator's) late sister, 
 
 , and his grandniece, said , therein 
 
 described as grand- daughter of his late brother 
 (but excluding said ), as had attained or should 
 
 attain age of 21. And so that his (testator's) 
 nephews, nieces, and grandniece should take per 
 capita in equal shares as tenants in common, and 
 shares of his nieces and grandniece should belong 
 to them respectively for their separate use. And 
 said testator declared that it should be lawful for
 
 72 EXECUTOESHIPS. 
 
 his trustee or trustees (1) to raise for any minor 
 any sum or sums of money not exceeding in wliole 
 one-half part in vahie of expectant or presumptive 
 share of such minor, and apply same for his or her 
 advancement or preferment in life, or otherwise for 
 her or his benefit, as his trustees or trustee might 
 think fit. And to raise same by sale, mortgage, or 
 otherwise, as his trustees or trustee should think 
 expedient. (2) To apply whole or such part as 
 they or he should think fit of income of share to 
 which any minor should for time being be entitled 
 in expectancy for or towards his and her mainten- 
 ance and education, without reference to ability of 
 father (if any) of such minor to provide therefor. 
 And with power to pay same to parent or guardian 
 or any of guardians of such minor for purpose 
 aforesaid without being liable to see to apjDlication 
 thereof. (3) That his trustees or trustee should 
 during any suspense of absolute vesting accumulate 
 residue (if any) thereof in way of compound interest 
 by investing same and resulting income thereof in 
 or upon any such stocks, funds, shares, or securities 
 as were thereinbefore mentioned for benefit of per- 
 son or persons who, under trusts therein contained, 
 should become entitled to principal fund from 
 which same respectively should have proceeded, 
 with power for said trustees or trustee to resort to 
 accumulation of any preceding year or years, and 
 apply same for or towards maintenance or education 
 of minor for time being presumptively entitled to 
 same. (4) And testator thereby empowered his
 
 EXECUTORSHIPS. 73 
 
 trustees or trustee to accept surrender of any lease, 
 or otlierwise to discharge tenant of said trust 
 premises respectively, and to compound and allow 
 time for payment of or absolutely to abandon and 
 release any arrears of rents or any debts due to liis 
 estate. (5) To satisfy or settle all demands against 
 his estate, whether supported by strictly legal 
 evidence and whether barred by any statutory or 
 other limitation or not, and to refer any matter in 
 difference relating to his estate to arbitration. (G) 
 To apportion blended trust funds, and generally to 
 settle and determine all accounts and disputes 
 relating to his estate, in such manner and on such 
 terms as his said trustees or trustee should deem 
 expedient. (7) To employ such agents, collectors 
 of rents and debts, and other persons in and about 
 management of said trust premises respectively, 
 and to pay them such remuneration as his said 
 trustees or trustee should think fit. (8) To let, 
 from year to year, or for any term of years, and 
 upon such conditions as might be thought expe- 
 dient, all or any part of liis real estate for time 
 being remaining unsold, and to make such outlay 
 thereon for repairs, insurance, or otherwise as they 
 or he might think fit. (9) Testator declared that 
 his trustees or trustee might, for purpose of making 
 a division of his estate or any part thereof, put such 
 value as they or he should think reasonable upon 
 any portion of same estate, and all parties should be 
 bound by such valuation. (10) That in lending 
 money on any mortgage security his trustees or
 
 74 EXECUTORSHIPS. 
 
 trustee miglit accept wliatever title or evidence of 
 title sliould appear to them sufficient, and in par- 
 ticular might, in case of leasehold securities, waive 
 production of lessor's title, without being answer- 
 able for any loss arising thereby. And might 
 release any part of property comprised in any mort- 
 gage security, if satisfied that remaining property 
 should be a sufficient security for money owing 
 thereon. 
 
 statutory 2. — Pursuaut to " Au Act to further Amend the 
 
 Notice to 
 
 Creditors, j^q^ q^ Property and to Relieve Trustees," notice 
 to all creditors and other persons having, or claiming 
 to have, any debts or other claims or demands upon, 
 or against, or affecting the testator's estate, was 
 inserted once in the " London Gazette," and thrice 
 in the " ," requiring them to send in 
 
 writing full particulars of their respective debts, 
 claims, or demands to the solicitor to the said 
 executors, on or before , after which date 
 
 the latter would not be liable for the assets, or any 
 part thereof, distributed to any person or persons of 
 whose debt, claim, or demand they should not then 
 have had notice. 
 
 Payment of 3. — Testator's fuucral and testamentary expenses 
 
 Testator's 
 
 Debts. and debts, so far as they have come to our know- 
 ledge, in pursuance of the request contained in the 
 said notice, have been paid out of his personal estate. 
 
 Freeholds 4. — Tcstator owucd six lots of freehold and lease- 
 
 and Lease- 
 holds. i-^QJ(;[ property, situate in , and the rents
 
 EXECUTORSHIPS. 75 
 
 thereof have been paid up to dates of transfer 
 to the respective purchasers to (collector), and from 
 the account that will be produced for your inspection 
 on the final distribution, it appears that £ 
 has been collected. 
 
 5. — Under the trust for sale contained in the Deed of 
 
 Direction 
 
 testator's will the estate was immediately dis- ar/S^" 
 
 tees to 
 
 tributable, but as we had for a year at least from Trustees as 
 his death a discretionary power as to realisation C^'sX^"' 
 
 . thereof.and 
 
 thereof (that time always being allowed for wmdmg ^^^'"'^'■^ 
 up an estate), and it being considered very dis- 
 advantageous to the beneficiaries that the same 
 should then be disposed of, and, if the sale thereof 
 should be postponed, it was believed that much 
 larger prices would thereafter be realised, the 
 beneficiaries, by a deed of direction executed by 
 them, severally declared that it should be lawful for 
 us to postpone the sale and conversion of the said 
 estate, or any part or parts thereof, beyond the year, 
 until in our uncontrolled discretion a favourable 
 opportunity should arise for the realisation thereof, 
 we dividing in the meantime, as often as convenient, 
 the net rents and profits of the said estates for the 
 time being remaining unsold, and having, until such 
 sale and realisation, all such powers as are conferred 
 on us by the said will. Accordingly, on (date), 
 the said properties Avere offered for sale by auction 
 in the following lots, namely : — 
 
 Lot 1. — " Inn" and premises, 
 
 (situation), realised £
 
 7& EXECUTORSHIPS. 
 
 Lot 2. — Two messuages adjoining lot 1. Grross 
 
 annual rental £ . Realised £ 
 Lot 3. — Two messuages, Nos. , in (situation). 
 G-ross annual rental £ . Realised 
 £ 
 Lot 4. — Four messuages, Nos. , in (situa- 
 
 tion) aforesaid. Gross annual rental 
 £ . Realised £ 
 
 Lots 1, 2, 3, and 4 are leasehold, and were valued 
 for the purpose of obtaining probate of the 
 testator's will at the sum of £ , whereas, 
 
 at the sale by auction, in consequence of the 
 keen and spirited competition thereat, they 
 realised £ 
 Lot 5. — Two freehold messuages, Nos. , in 
 
 (situation). Grross annual rental 
 £ . Realised £ 
 
 Lot 6. — Four freehold messuages situate in 
 
 (situation) sold to for £ 
 
 It will thus be seen that the said six lots realised 
 altogether £ 
 circtun- With reference to lot 6, we think it rig^ht to call 
 
 stances ° 
 
 w^th saie^ your special attention to the following facts, viz. : — 
 toRaUway Thls lot was Urgently required by the (name) rail- 
 way company for the purpose of enabling them to 
 construct a railway in this borough, and we were 
 served with a notice to treat for the sale thereof by 
 the company's solicitor. Under these circumstances 
 we commenced the necessary negotiations, and 
 eventually agreed to sell the premises for £ 
 A much higher price was obtained for this lot than
 
 EXECUTORSHIPS. 11 
 
 could possibly have been obtained under the most 
 favourable circumstances if the property had been 
 put up for sale by public auction, and thereby sub- 
 mitted to the keenest competition. It had one serious 
 drawback from the fact of its being immediately 
 contiguous to the river Douglas, the overflow from 
 which in wet weather oftentimes rendered the houses 
 very objectionable as dwelling-houses. This objec- 
 tion, of course, under the special circumstances for 
 which the property was required for the purpose of 
 railway improvements, did not form a serious 
 obstacle, so far as the company was concerned, 
 inasmuch as it will in due course be pulled down, 
 and the site thereof utilised for the purpose of their 
 contemplated railway. 
 
 6. — The analysis of our account of the personal Es?*ie°''"° 
 estate, and of moneys arising out of the real estate *^^°^ ' 
 of the said testator, &c., will show the receipts and 
 payments made by us for and on account thereof 
 since probate of the said will up to and including this 
 date. The originals thereof will be read at the intended 
 meeting if required (vide accounts Nos.8, 9,and 13). 
 
 7. — The amount expended by us since the Expendi- 
 ture on 
 
 testator's death on account of (1) necessary repairs AccoSft^ 
 to the testator's property is £ ; (2) on account 
 
 of ground rents of his leaseholds, £ 5 (3) for 
 
 surveyor's charges, &c., advertising sale in two local 
 papers, valuation for reserve prices, printing sale 
 bills, liquor, &c., at sale is £ ; and (4) on 
 
 miscellaneous account is £ , making a total
 
 78 EXECUTORSHIPS. 
 
 expenditure of £ .A detailed account of 
 
 above will be produced for your inspection on dis- 
 tribution. 
 
 ReA. B 8. — Pursuant to the arranefement effected at the 
 
 deceased. o 
 
 lumsTan"es meeting held respecting the share claimed by Mrs. 
 with the B as widow of the above-named deceased, we 
 
 share of a ^ ' 
 
 Lega^tee. think it right to inform you that letters of adminis- 
 tration to his estate have been granted to her, and 
 it is intended that the share agreed to be allowed 
 to her infant daughter shall be retained by Mr. H. 
 (by arrangement with her and her solicitor) until 
 the 28th February, 1897, when, if she lives, she will 
 attain 21. Miss C. (the only party interested who 
 is not 21) can execute the necessary deeds to 
 effectuate the said arrangement when she attains 
 21, and in the meantime we are advised that we 
 may rely on Mrs. B.'s indemnity, or retain such a 
 portion of the said share (that is leth) as will belong 
 to Miss 0. in case she refuses to concur. If 
 Miss B. should die under 21, her share will go to 
 her statutory next of kin. Mr. T. (Miss C.'s 
 stepfather) has agreed to execute a bond conditioned 
 to obtain her concurrence when she attains 21. 
 
 Re Miss c. 9. — This beneficiary is now an infant, but will 
 
 Investment 
 
 iifan°t'^^'' attain 21 on the 22nd April, 1889, and her share 
 bS.^^^ will until then be retained (by arrangement) by 
 Mr. H. 
 
 BeMrs.j.c. 10. — Mrs. J. C. died on the 9th March last, 
 
 deceased. 
 
 ^rition'to leaving Mr. J. C. her lawful husband and only 
 
 her share i p i • i • • i i j. 
 
 by her ucxt 01 kiu lior surviviuff, auQ on last, 
 
 Husband. °
 
 EXECUTOESHIPS. 79 
 
 letters of administration of lier personal estate were 
 granted to him by the District Registry attached to 
 the Probate Division of Her Majesty's High Court 
 of Justice at Liverpool. 
 
 11. — The following interim distributions have Jj'.^^""!™ 
 
 O Distribu- 
 
 taken place, namely :— 12th April, 1881 (£ ) ; """'• 
 9th May, 1882 (£ ); and 15th March, 1883 
 (£ ). In addition to these sums £ has been 
 paid to Mrs. B. on account of the income of Miss 
 B.'s share, and £ has been paid on account of 
 the income of Miss C.'s share, thus making total 
 amount already distributed £ 
 
 12. — The several amounts already paid to the Balance 
 
 •^ ^ Sheets 
 
 respective beneficiaries, and the several balances LeeaYelt"' 
 now payable to them, are set forth in the balance- course be- 
 sheet left herewith for their perusal and approval, buuon.^*"' 
 
 13. — The duty payable to the Commissioners of sreciai 
 Inland Revenue in respect of the testator's residuary 
 estate amounts to the sum of £ , made up as 
 
 follows, namely, £ for and in respect of the 
 
 duty at £3 per cent, on 15 of the said shares, and 
 £ for and in respect of the duty at £10 per 
 
 cent, on the share of Mr. , from whom such 
 
 a rate of duty is legally claimable in consequence of 
 his being, in contemplation of law, a stranger in 
 blood to the testator. 
 
 Having regard to the fact that strictly duty 
 should have been paid to the said Commissioners 
 immediately after the three interim distrihutioiis 
 before mentioned, on behalf of the residuary 
 
 Account.
 
 80 
 
 EXECUTOESHIPS. 
 
 S. 
 
 d. 
 
 legatees chargeable tlierewith, interest at the rate 
 of £4 per cent, per annum lias been claimed, and 
 accounted for in the said residuary account since 
 the respective dates thereof, on the several sums 
 distributed, made up as follows, namely : — 
 
 £ 
 
 (1) Interest on £ between 12th 
 
 April, 1881, and 24th Octo- 
 ber, 1884 — 3| years 
 
 (2) Interest on £ between 9th 
 
 May, 1882, and 24th Octo- 
 ber, 1884 — 2 years and 168 
 days 
 
 (3) Interest on £ between 15th 
 
 March, 1883, and 24th Octo- 
 ber, 1884—1 year and 223 
 days 
 
 14. — The money value of the residuary personal 
 estate now distributable is the sum of £ , 
 
 £ of which will be retained as aforesaid as 
 
 and for the respective shares of the said infants. 
 Previous to such payment we shall render to the 
 several beneficiaries at the said meeting a detailed 
 account^ of the real and personal estate of the said 
 testator, and of the disposition and application of 
 the same and the proceeds thereof, and of the income 
 
 * This refers to the executors' private account contained in their estate book, 
 and specifying every receipt and payment for and on account of the estate of 
 which account No, 13 is an analysis.
 
 EXECUTORSHIPS. 81 
 
 thereof respectively, which they will be required to 
 examine, in order to satisfy themselves as to the 
 correctness thereof, after which each beneficiary 
 (except the said two infant beneficiaries) will be 
 called upon to execute a deed releasing each of us 
 from all actions, claims, and demands whatsoever 
 for or in respect, or on account of the said real and 
 personal estate, and the rents, profits, and income 
 thereof respectively, or any part or parts thereof 
 respectively, or any act, deed matter, or thing what- 
 soever done or omitted to be done by either of us in 
 or about the execution of the said will, or the trusts 
 thereof, or in anywise relating to the premises. 
 
 15. — As the rents and other annual proceeds of Proposed 
 
 ■•• division 01 
 
 the testator's estate now come in for division among Kesiduary 
 all the beneficiaries, in order to deal strictly and 
 justly between them in the proposed division, an 
 account of income should be properly adjusted 
 between those beneficiaries who have already 
 received instalments on account of their respective 
 shares, and the infant beneficiaries (Miss B. and 
 Miss C), to whose guardians only small payments 
 have been made on account of the income of their 
 respective shares. In other words, income ought 
 not to be allowed, or interest ought to be deducted 
 on the amounts paid in advance to the other 
 beneficiaries. In making this calculation, we have stnfcuona 
 
 as to pre- 
 
 been advised that the simplest way will be to act as ^f^l\'^° °' 
 follows, namely, (1) charge each beneficiary with tos^pTci- 
 
 men 
 
 interest after the rate of £4 per cent, per annum on fhfa^casll" 
 10
 
 82 EXECUTORSHIPS. 
 
 the amount advanced to liim or her up to and 
 including the day of distribution, and deduct this 
 interest from his or her share of the estate, (2) then 
 treat the interest so obtained as part of the estate, 
 and divide it into 16 parts, corresponding with the 
 number of beneficiaries, including the infant 
 beneficiaries, and give a part to each beneficiary, 
 treating it as income of the estate. The loss to each 
 beneficiary will thus be very trifling, whilst the 
 infant beneficiaries will each get the one-sixteenth 
 to which they are justly entitled. Worked out in 
 this method, we find that the interest chargeable to 
 each beneficiary will be about £ , and each 
 
 would receive back about £ , so that he or 
 
 she only loses £ , whilst Miss B. and Miss E. 
 
 will each receive about £
 
 EXECUTORSHIPS. 
 
 No. 8. 
 
 Schedule of Particulars. 
 
 1.— Abstract of Will. 
 
 2. — Unexecuted Codicil, and Eesiduary Legatees' 
 
 Agreement to carry out Testator's intentions 
 
 thereunder. Declaration as to share of a 
 
 Son, whose interest under Will is restricted. 
 3. — Testator's Death and Probate of his Will. 
 4. — No Realty. 
 5. — Payment of Debts, &c. 
 6. — Personal Estate Account. 
 7. — Circumstances connected with Agreement for 
 
 Lease of Farm formerly Tenanted by 
 
 Testator. 
 8. — Notice to Executors to Quit Farm. 
 9. — Correspondence with Landlord's Agents as 
 
 to Sale of Farm Stock, &c., and result 
 
 thereof. 
 10. — Sale by Auction.
 
 84 SCHEDULE. 
 
 11. — Case for opinion of Counsel upon said Agree- 
 ment, and Rights and Remedies of Parties 
 thereunder. 
 
 12. — Opinion. 
 
 13. — Abstract Opinion. 
 
 14. — Release to Executors and Declaration of Trust 
 (special).
 
 EXECUTORSHIPS. 
 
 Re E. D., deceased. 
 
 SOLICITOR'S REPORT 
 
 As TO Executors' Management, Realisation, and 
 Distribution of Testator's Residuary Estate. 
 
 1. — Testator duly made his last will and appointed ^^^^^^'^^"^ 
 (names) executrix and executors thereof, and devised 
 and bequeathed all his estate, real and personal, 
 unto and to the use of said , their executors, 
 
 administrators, and assigns, upon trust, that said 
 , or survivors or survivor of them, or the 
 heirs, executors, or administrators of such survivor,
 
 86 EXECUTORSHIPS. 
 
 their, her, or his assigns (thereinafter called " the 
 trustees or trustee ") should sell his real estate, and 
 call in and convert into money his said personal 
 estate, and should out of the money to arise from 
 such sale, calling in, and conversion, and the money 
 of which he should be possessed at his death, pay 
 his funeral and testamentary expenses and debts, 
 and stand possessed of residue of said money (there- 
 inafter called " said trust fund ") upon trusts there- 
 inafter declared, that is to say, he directed that out 
 of said trust fund said trustees or trustee should 
 pay £ to absolutely, and should set 
 
 apart £ , and lay out same in their, her, or his 
 
 names or name in any of the modes of investment 
 therein mentioned, and he directed that if, at the 
 end of five years after his decease, his son, J. D., 
 should not have married E. E,., then said trustees 
 or trustee should transfer to him all said trust 
 investments in which such sum of £ should be 
 
 laid out, and that during said term (provided said 
 J. D. should not marry said E. R.) said trustees or 
 trustee should pay income of said trust investments 
 to said J. D. ; but if, during testator's life or within 
 five years after his death, said J. D. should marry 
 said E. R., then testator directed that said trustees 
 or trustee should out of income of said trust invest- 
 ments pay the yearly sum of £ to said J. D. 
 during his life, and should pay residue of income of 
 said trust investments unto said in equal 
 shares, and after death of said J. D. said trust 
 investments should be held in trust for such of
 
 EXECUTOESHIPS. 87 
 
 them, said and , as sliould ])e then 
 
 alive, and issue of either of them who should be 
 then dead, in equal shares, issue of a deceased child 
 taking only the share which their parent would 
 have been entitled to if then alive. And all the 
 residue of said trust fund testator gave to said 
 in equal shares, but he declared that the one-third 
 part of such residue so given to his son, J. D., 
 should be held upon same trusts, and subject to 
 same conditions and restrictions as were therein- 
 before expressed concerning said sum of £ , 
 with a like remainder over in case he should during 
 testator's life, or within years after his 
 decease, marry said E. R. 
 
 2. — Said testator had determined to make (but ^°*t^^^^^4. 
 never executed) a codicil to his said will, whereby he codidi to 
 intended to give £ to each of his grandchildren a?y Leek*^° 
 
 (names) on their respectively attaining 21. SaidAgree- 
 residuary legatees afterwards agreed (1) that said x^e^tauJ'A 
 
 .,.11 intentions 
 
 executors should, as soon as conveniently might be, thereunder 
 pay out of said testator's estate the legacies f^on as^to 
 intended to be given by said codicil, (2) that said son, whose 
 sum of £ mentioned in said will should be paid 
 
 to said J. D. immediately, and that trusts of said 
 fund thereby declared should be void, and (3) that 
 said J. D. should be absolutely and immediately 
 entitled to one equal third share of testator's 
 residuary estate, without any restriction or con- 
 dition whatever. 
 
 Declara- 
 tion as to 
 share of a 
 Son, who 
 Interest 
 under Will 
 is restric- 
 ted.
 
 88 EXECUTOESHIPS. 
 
 Testator's 3. — Testator died without, &c., and probate of 
 
 Death, and ^ 
 
 hi?wm.°^ liis said will was on the (date) granted by the 
 District Registry at of the Probate Division 
 
 of Her Majesty's High Court of Justice to said 
 trustees and executors. 
 
 No Realty. 4. — Tcstator did not die possessed of any real 
 estate. 
 
 Payment of 5. — Said cxccutors, sliortly after testator's death, 
 
 Debts, &c. Til p 1 • 
 
 possessed themselves oi his personal estate, and 
 thereout paid (1) all his funeral and testamentary 
 expenses and debts, (2) said legacies, (3) duties 
 thereon, (4) said sum of £400 to said J. D., (5) £20 
 to said H. D., and (6) with concurrence of said 
 H. W., and at request of said J. D., paid over £60 
 to said J. D., to intent that same might be held by 
 him for benefit of said infants, and (7) £ , being 
 one equal third part of said sum of £ to said 
 J. D., (8) like said sum to J. D., and (9) said 
 M. D. L. retained like sum of £
 
 EXECUTORSHIPS. 
 
 89 
 
 6. 
 
 (1) Cash in house 
 
 (2) Proceeds of sale of farming 
 
 stock and implements of 
 husbandry 
 
 (3) Proceeds of sale of household 
 
 furniture and effects 
 
 (4) Mortgages : — 
 
 (1) A.'s mortgage due at testa- 
 
 tor's death 
 
 (2) Interest thereon from 
 
 (date) at 5 per cent, per 
 annum 
 
 (3) Interest thereon from 
 
 death to repayment on 
 (date) 
 
 (4) B.'s mortgage 
 
 (5) Interest thereon due at 
 
 death 
 
 (6) C.'s mortgage 
 
 (7) Interest thereon at 6 per 
 
 cent, from date to 
 days 
 
 (8) Bank interest thereon 
 
 from to at 2 per 
 cent 
 
 (9) D.'s mortgage 
 
 (10) Interest thereon at 
 
 from last mentioned date 
 to 1 year and days 
 
 (11) SaleofwheatcroptoMr.A. 
 
 Total £ 
 
 £ s. d. 
 
 Personal 
 
 Esiate 
 
 Account. 
 
 u
 
 90 EXECUTORSHIPS. 
 
 ^tanc^' ^ • — ^^ ^^^^ ^^^® ^^ agreement was entered into 
 
 with Agree- by E. S., of, &c., as ao-ent actino- for and on behalf 
 Farm°^ of (names, addresses, and descriptions) devisees in 
 tenanted by trust Under will of late J. A., Esq., to let said farm 
 
 Testator. 
 
 to testator for one year, commencing, (1) as to 
 meadow land, from 25tli December then last past ; 
 (2) as to arable and pasture land, from 2nd February 
 then next ; and (3) as to farm-house, outbuildings, 
 garden, orchard, and field, being outlet, from 12th 
 May then next for one year respectively, and thence- 
 forth from year to year until tenancy should be 
 determined by six months' notice, subject to terms 
 and conditions therein mentioned. 
 
 8. — Notice given to executors to quit farm. 
 
 9. — Executors being unwilling to take said farm 
 at increased rent, required by landlords, decided to 
 sell stock by auction, and being anxious to comply 
 strictly with said agreement, and adjust all restric- 
 tions with latters' agents and solicitors, instructed 
 me to enquire if (in face of said agreement) any 
 restrictions would be placed upon them in their dis- 
 posal of it, having regard to 7tli clause thereof, 
 which provided as follows : — " No straw, hay, 
 " mangolds, turnips, or manure shall be sold or 
 " carried off the farm unless by permission of land- 
 " lords or their agents." Accordingly application 
 was made to said agents to concede as much as they 
 consistently could to enable executors to realise full 
 benefit of said stock; but they replied (1) that 
 straw, hay, mangolds, and turnips must be sold to
 
 EXECUTORSHIPS. 91 
 
 incoming tenant, and (2) manure could not either 
 be sold or removed. 
 
 10. — Incoming- tenant of said farm attended sale, saieby 
 
 o ' Auction of 
 
 and informed executors that he did not wish to stock. 
 purchase either straw, &c., and that same might be 
 sold by auction. Nothing further transpired, and I 
 ultimately asked for a reply to my letter if executors 
 were at liberty to dispose of produce as they might 
 think fit, but landlords' solicitors positively declined 
 to make any concessions whatever. Unsold produce 
 consisted of about tons of hay, tons of straw 
 (part having been sold and delivered), and tons 
 of mangolds, all turnips having been sold. Manure 
 was, of course, left. In consequence of my fruitless 
 efforts to effect a compromise with said agents, it 
 was deemed advisable, as a precautionary measure, 
 to submit a case for counsel's opinion. 
 
 11. — To advise (1) if said executors were at case for 
 
 ^ ^ Counsels 
 
 liberty to dispose of such produce, upon sale of °,^on'said 
 which aofents had imposed restrictions, and (2) !i"'|ii«hts 
 
 o 1 ' \ / and reme- 
 
 reme- 
 dics of 
 
 generally and fully on case. panies 
 
 thereunder. 
 
 12. — Counsel advised as follows : — " Executors counsei-s 
 
 Opinion. 
 
 are bound by terms of agreement, and it is, there- 
 fore, clear that they cannot dispose of produce or 
 manure mentioned in 7th clause without landlord's 
 permission ; at least, if they do so, they will com- 
 mit a breach of agreement, and make themselves 
 liable in an action for damages. I assume that the 
 hay, straw, &c., which are unsold are on that
 
 92 EXECUTORSHIPS. 
 
 portion of premises as to wliicli tenancy will not 
 expire until May next. During liolcling it is clear 
 that tenants are bound by 7tli clause. But it 
 appears to me that a very diflB.cult question arises 
 as to effect of this clause upon determination of 
 holding. As stipulation is unqualified I think that 
 it must be construed as applying not only during 
 holding, but also upon its determination (Massey v. 
 Goodall, 17 Q. B. D., 310, 20 L. J., Q. B., 526; 
 see also Holding v. Pigot, 7 Bing., 465). If 
 this be sOj then question arises what is effect of 
 clause if, on determination of tenancy, landlord 
 refuses permission to sell or remove ? Is there any 
 custom that landlord or incoming tenant should pay 
 for his share of mangolds ? If there is such a 
 custom, it is not, in my opinion, concluded by the 
 agreement, but on contrary seems almost to be 
 implied by terms of latter, which, with such a 
 custom applied to it, would work out intelligibly. 
 If landlord, on determination of tenancy, refuses 
 permission to sell or remove, incoming tenant or 
 landlord would be obliged to pay for hay, &c., 
 according to custom. If there is no such custom, 
 result is very peculiar. Tenant is prevented from 
 removing by terms of agreement, but at same time 
 there is nothing therein to deprive him of property 
 in hay, &c. Result seems to be (if I am right as to 
 construction of agreement, see Bealey v. Sibbins, 
 16 East., 116) that tenant in such a case would 
 not be at liberty to remove, but might maintain 
 an action against any person who made any use
 
 EXECUTORSHIPS. 93 
 
 of the liay, &c. This appears to be so absurd 
 a result (if there is no such custom as I have 
 mentioned) that it affords a strong argument to 
 show that the clause should be read as applying 
 only during tenancy, and not after its determina- 
 tion. And it may be observed that the judgment of 
 Erie, J., in Massey v. Groodall is in favour of this 
 construction. The point is not free from doubt, but 
 I do not think that the clause can be qualified by 
 introducing the words ' during tenancy.' If tenant 
 removed after determination of tenancy, and were 
 sued by landlord, measure of damage would not be 
 value of hay, &c., because, as I have pointed out, 
 the hay, &c., would not become landlord's pro- 
 perty ; but although it is difficult to define what 
 measure of damages would be, I think that landlord 
 would be entitled to more than merely nominal 
 damages. But I do not think that he would, in 
 fact, recover substantial damages. Difficulties 
 which I have pointed out apply only on determina- 
 tion of tenancy. During tenancy it is clear that 
 tenant cannot, without a breach of agreement, 
 remove or sell hay, &c." 
 
 13. — Practically counsel's opinion came to this, (1) ^J^*' 
 that executors cannot sell and remove without a 
 breach of agreement ; (2) that if there is any custom 
 for landlord to pay for fodder and manure left on 
 farm, such custom would apply, as it is not exclu- 
 ded by agreement, but on contrary makes same 
 more intelligible ; (3) if there is no such custom, it is 
 
 tract 
 ion.
 
 94 EXECUTORSHIPS. 
 
 extremely difficult to determine effect of agreement, 
 but I do not tliink that it passes any property in 
 hay, &c., to landlord or incoming tenant; hay could 
 not be used without being paid for. (4) If right as 
 to this, damages for a breach of agreement would 
 be not much more than nominal, and (5) I should, 
 therefore, advise executors to sell and run risk. 
 
 Executors ^^- — I^^lease by said H. W. (husband of testator's 
 ciaration of daughter), J. D., and J. D. (testator's sons) respec- 
 (Speciai). tively, to said executors of and from all actions, 
 claims, and demands whatsoever for or in respect 
 of or on account of said estate and income thereof 
 respectively ; or for or on account of said legacy of 
 £400 and one-third share of said residuary estate 
 having been paid to said J. D. absolutely, or said 
 legacy of £20 having been paid to said H. D., or 
 said sum of £60 having been paid to said J. D. in 
 manner before mentioned, or for or in respect of 
 any other act, &c. Declaration by said J. D. that 
 he, his executors, or administrators should stand 
 possessed of said sum of £60, upon trust, to invest 
 same in manner mentioned in release and declara- 
 tion of trust to be executed by all beneficiaries, and 
 should stand possessed of said sum and investments 
 thereof, in trust, as to one equal third part thereof 
 for said M. Gr. if she shall attain 21, as to one other 
 equal third part thereof for said W. G. if he shall 
 attain 21, and as to remaining equal third part for 
 said J. Gr. if he shall attain 21 ; and if any of them 
 should die under 21, his or her share shall belong
 
 EXECUTORSHIPS. 96 
 
 in equal shares to said M. W., J. D., and J. D. 
 Declaration that trustee or trustees for time being 
 of said funds should, during minorities of said 
 infants, pay or apply income of his or her contin- 
 gent share, and might apply such part of corpus as 
 he or they might think fit towards maintenance, 
 lodging, clothing, education, or otherwise for such 
 infants' benefit, and might pay same to said M. W. 
 or other guardian or guardians of said infants for 
 purposes aforesaid without seeing to application 
 thereof. 
 
 By said indenture said legatees covenanted to 
 indemnify said executors against all claims of issue 
 of said M. W. and J. D., or either of them, in 
 respect of said sum of £400 and testator's residuary 
 estate. 
 
 N.B. — Trustees cannot get a release from any 
 claims which said issue may make in consequence 
 of J. D.'s legacy and share of residue having been 
 paid to him ; with respect to this they must rely on 
 indemnity for what it is worth. Indemnity does not 
 dispense with necessity for a release.
 
 EXECUTORSHI PS 
 
 No. 9. 
 
 Schedule op Particulars. 
 
 1.— Abstract of Will. 
 
 2. — Testator's Death. Particulars of his Estate. 
 
 3. — Probate. 
 
 4. — Residuary Legatees. 
 
 5. — Payment of Debts. 
 
 6. — Administrations to the Personal Estates of a 
 deceased Son and Daughter (beneficiaries). 
 
 7. — Banking Accounts opened by the Executors. 
 Special circumstances connected therewith. 
 
 8. — Death of Tenant for Life. 
 
 9. — Sale of Testator's Copyholds. 
 10. — Residuary Account. Special circumstances 
 
 connected therewith. 
 11. — Balance Sheet. 
 12. — Division. 
 13. — Release to Executors.
 
 EXECUTORSHIPS. 
 
 Ke , DECEASED. 
 
 SOLICITOR'S REPORT 
 
 To THE Residuary Legatees as to the Trustees' 
 Management, Realisation, and proposed Dis- 
 tribution OF THE Testator's Estate. 
 
 1. — Testator made his last will, and thereby gave Abstract of 
 and devised all his real and personal property 
 (including his copyhold estates) to his sons, J. Gr. 
 and H. Gr., their heirs, executors, administrators, 
 and assigns. In trust, at discretion of his said sons, 
 or survivor of them, or executors or administrators 
 of such survivor, or other his trustees or trustee for 
 time being, to get in, sell, and convert into money 
 same, or such part or parts thereof, and at such 
 times as they or he might deem expedient, and to 
 invest proceeds thereof and testator's ready money 
 on real or Grovernment securities in England or 
 
 12
 
 98 EXECUTORSHIPS. 
 
 Wales, with power to sell, subject to special con- 
 ditions, and to buy in and re-sell any property, and 
 to rescind or vary any contract for sale ; to convey, 
 surrender, or assure any property so sold to any 
 purchaser or purchasers as he, she, or they might 
 direct. And to stand seized and possessed of testa- 
 tor's said real and personal property (including copy- 
 holds). In trust, after paying all current expenses, 
 to pay income therefrom, when and as same should 
 from time to time arise, unto testator's said wife, 
 during her life, for her own absolute benefit. And 
 subject to trusts aforesaid to retain or pay unto 
 each of his said sons, J. and H., £ for his own 
 
 use, and to convey, surrender, and tranfer his real 
 and residuary personal estate (including copyholds) 
 unto such of testator's children, J. R., W. H., and 
 C, as should be living at his (testator's) decease, 
 and such child or children then living of any of his 
 same children dying before him as should attain the 
 age of 21 years, his, her, or their heirs, executors, 
 administrators, and assigns, if more than one, in 
 equal shares, but so that the child or children of 
 any of testator's children before-named, who should 
 die before him, should take only such share as his, 
 her, or their parent would have taken if living. 
 And said testator, by his said will, appointed his 
 said sons executors thereof. 
 Testator's 2. — Thc tcstator died, without havinef revoked or 
 
 Death. ^ 
 
 oS"^^'^ altered his said will, possessed of personal estate, 
 and seized of a copyhold close of land, known by 
 the name of (name), situate in aforesaid^
 
 EXECUTORSHIPS. 99 
 
 with the cottages and other buildings thereon, but 
 was not entitled to any other real estate. The rents 
 of the said copyholds have been received by the said 
 executors personally since testator's death, and been 
 appropriated towards maintenance of tenant for life, 
 and have been so received since her death up to 
 their surrender thereof. 
 
 3. — His will was duly proved by said executors, probate of 
 
 •^ ^ '' hisWiU 
 
 4. — The said testator left him surviving (1) his Residuary 
 
 Legatees. 
 
 widow, M. Gr., and four children only, namely (1), 
 said J. G., (2) H. a., (3) W. G., and (4) 
 formerly , having died in testator's lifetime, 
 
 without leaving any children him surviving. 
 
 5. — Said executors, out of personal estate, paid payment of 
 all testator's funeral and testamentary expenses and 
 debts and legacies bequeathed by his said will and 
 the legacy duties thereon, and converted into money 
 the whole of his personal estate. 
 
 6. — Said W. G-. died intestate, leaving his widow, Adminis- 
 
 • 1 \ TTT 1 */( T 1MT 1 tratii^us to 
 
 said A. VV., then A. (x., and two children, namely i'ei«""ai 
 
 ' ' 'J Estates of 
 
 (names), and a posthumous child (name), who is s^uaM 
 now an infant, having been born on (date), his only (legatees). 
 issue, and on 
 
 Letters of administration of his jDcrsonal estate 
 and effects were granted by the District E/Cgistry, 
 &c., to said A. W. 
 
 Said C. A. died a widow and intestate, leaving 
 two children, namely, said H. A. and M. T., her 
 only issue her surviving, and on
 
 100 EXECUTORSHIPS. 
 
 Letters of administration of her personal estate 
 were granted by Her Majesty's High Court of 
 Justice at the District Registry attached to the 
 Probate Division thereof at to said H. A., 
 
 as one of the natural and lawful children and one 
 of the next-of-kin of said intestate. 
 
 Banking 7. — Banking' account No. 1. — On the , 
 
 Accounts " 
 
 EMcu'to'rs. 1886, an account was opened by the said executors 
 cumstances with tlic (bank), and a balance of £ was 
 
 connected ^ -' ^ 
 
 therewith, ^j^g^ brought forward. From this date, up to and 
 including the day of , 1886, the 
 
 interest on said account amounted to £ , 
 
 the only deposit being £ on the (date, or 
 
 as the case may be). 
 
 Between the and the the said 
 
 executors withdrew £ 
 
 No. 2 account. — On the said executors 
 
 opened out another account at said bank, in their 
 individual names, and deposited therein £ , 
 
 and the interest on the account current up to (date) 
 amounted to £ . This latter account was 
 
 closed on latter date. Mr. (one of the 
 
 beneficiaries) contended that from the way tenant 
 for life was kept interest of personalty and rents of 
 property would have been more than sufficient to 
 have kept her. Between the and the 
 
 said executors borrowed from Mr. £ , 
 
 to enable them to maintain the said tenant, which, 
 together with interest, £ , was repaid on 
 
 the (date) out of the amount withdrawn. Out of
 
 EXECUTORSHIPS. 101 
 
 money in bank executors paid about £ on 
 
 account of cost of conversion of a shippon and barn 
 into two cottages and a new sliippon, and the other 
 money was appropriated in maintaining said tenant. 
 Disputes having arisen between said executors and 
 beneficiaries with respect to the sums withdrawn as 
 aforesaid, and by the former alleged to have been 
 properly applied, Mr. further contended, 
 
 through his solicitors (Messrs. A. and B.), that the 
 executors had committed a breach of trust, and that 
 it was only right they should do all in their power 
 to place the beneficiaries in a satisfactory position. 
 
 On the (date) Mr. , acting on behalf of 
 
 the other beneficiaries, agreed (in order to avoid an 
 administration of the estate under the direction of 
 Chancery Division) with said executors that said 
 sum of £ , wrongfully withdrawn as afore- 
 
 said, should be divided into two parts, children of 
 late W. Gr. to take one-half, and children of late 
 C. A. to take other half, in full satisfaction of all 
 claims in respect thereof (such payment being made 
 with the concurrence of the other beneficiaries), and 
 that the costs of and incidental to the preparation 
 and completion of the agreement to effectuate such 
 arrangement should come out of the estate. Accord- 
 ingly on this date an agreement was signed carrying 
 out such terms. 
 
 8. — Testator's widow (tenant for life) died. Death of 
 
 ^ / Tenant for 
 
 Life. 
 
 9. — Said trustees, pursuant to and in execution saie of 
 of trust for sale in that behalf contained in said copyhows
 
 102 EXECUTORSHIPS. 
 
 will, sold said copyholds to , of , 
 
 for £ . On such sale the mines and 
 
 minerals under said premises were excepted there- 
 from, under the erroneous impression that testator 
 was not entitled thereto, and the said premises have 
 since been surrendered, but without excepting the 
 mines and minerals, to purchaser, at same price as 
 was bid at said sale, without any addition being 
 made to purchase-money for and in respect of such 
 mines and minerals. The beneficiaries have agreed 
 to ratify and confirm the said sale, and consent to 
 surrender of said mines and minerals, without any 
 addition to purchase-money. 
 
 Eesiduary 10. — Tlierc werc spccial circumstances connected 
 
 Account. ■■• 
 
 Special cir- with thlS. 
 
 cumstances 
 
 therewith. Thc CoutroUer of Legacies and Succession Duties, 
 on presentation of said account, required as follows, 
 viz. (1), that the personalty, originally sworn under 
 £600, must be accounted for, and (2) that the whole 
 of real estate devised by testator and personal estate 
 should be brought into account, and the duty paid 
 thereon, less the £120 expended on real estate. In 
 consequence of this demand executors were bound 
 to account accordingly, and the following is an 
 abstract of the account rendered in pursuance 
 thereof, namely : — 
 
 (1) Cash at bankers £ 
 
 (2) Furniture, sold for 
 
 (3) Proceeds of sale of copyholds 
 
 Total of property £
 
 EXECUTORSHIPS. 103 
 
 From this was deducted the expenses attending 
 executorship, £ , leaving nett amount of 
 
 property £ , which is carried forward. 
 
 Accumulations of Interest, Rents, &c. : — 
 
 (1) Rents of copyholds from 
 
 to ( days) 
 
 (2) Interest at 4 per cent, from 
 
 on £ ( days) 
 
 Total 
 
 Payments out of interest 
 
 Balance 
 
 The duty thereon, after rate of 1 per cent., was 
 paid on said balance. In addition to this sum the 
 further sum of £1 17s. was paid to the solicitor of 
 Inland Revenue in settlement of his claim for costs 
 of and incidental to said account and proceedings 
 taken by him with reference thereto. 
 
 11. — The balance-sheet hereinafter set forth will Balance 
 
 Sheet. 
 
 show exactly amounts payable to each beneficiary 
 (vide account No. 14). 
 
 12. — Testator's estate, irrespective of the sums in Divi^ 
 dispute hereinbefore mentioned, after deducting the 
 costs and expenses properly payable thereout, 
 amounts to the sum of £ , distributable as 
 
 personal estate into four equal parts, viz. (1), one 
 of such parts to said A. W., as administratrix of 
 said W. Gr. ; (2) another of such parts to said H. A., 
 as administrator of said C. A. ; (3) another to said 
 
 ion.
 
 Release to 
 Executors. 
 
 104 EXECUTORSHIPS. 
 
 J. Gr., and (4) anotlier to the said H. Gr. ; and said 
 H. A., as heir-at-law of said 0. A., has concurred in 
 such division. 
 
 13. — The money value of the residuary personal 
 estate now distributable is £ , and payable 
 
 on inst. Previous to such payment the 
 
 original detailed account of the said estate, and of 
 disposition and application of same and proceeds 
 thereof, and of income thereof respectively, will be 
 produced for examination by each legatee, who will 
 be required to satisfy himself as to the correctness 
 thereof, and afterwards be called upon to execute a 
 deed releasing the said trustees from all actions, &c.
 
 105 
 
 EXECUTORSHIPS. 
 
 No. 10. 
 
 Schedule of Particulaes. 
 
 1. — Will executed in America. American Counsel's 
 
 Opinion thereon. 
 2. — Power of Attorney to Appointee to sell Estate 
 
 in America, and result thereof. 
 3. — Death of Testator's Sister Intestate. 
 4. — Administration by her Husband. 
 5. — Testator's Niece's Marriage, 
 6. — Second Power of Attorney to said Appointee 
 
 to sell, &c., and result thereof. 
 7.— Niece's Will. 
 8. — Niece's Death. 
 
 9. — Her Husband's Caveat, &c. Afterwards aban- 
 doned. 
 10. — Limited Probate of her Will. 
 1 1 . — Proceeds of Sale of said Estate. 
 12. — Case for Counsel's Opinion. 
 13. — Abstract Opinion. 
 14. — Application to Appointee for a detailed Account. 
 
 13
 
 106 SCHEDULE. 
 
 15. — Application to Ms former Solicitors therefor. 
 
 16. — Retainer and Instructions to sue. 
 
 17. — Eesult of Journey to Ireland to interview 
 
 Appointee. 
 18. — Further Retainer, &c. 
 19. — Writ of Summons issued. 
 20-21. — Result of efforts to serve same. 
 22. — Testator's Estate Account. 
 23. — Release to Executor on Distribution.
 
 107 
 
 EXECUTORSHIPS. 
 
 Re , DECEASED. 
 
 SOLICITOR'S REPORT 
 
 On behalf of an Executor to Residuary Legatees 
 AS TO HIS Management and Realisation (through 
 AN Appointee under two Powers of Attorney) 
 of an Estate situate in United States op 
 America, proceeds whereof were left to Tes- 
 tator's Sister and Niece resident here. 
 
 1. — A. B., of Natchez, United States of America, wm execu- 
 ted in 
 
 executed his will, whereby he disi30sed of his estate American 
 as aforesaid. Under special circumstances that opinion ^ 
 
 thereon. 
 
 arose after testator's death, it became necessary to 
 submit a case for opinion of counsel conversant 
 with American law respecting the exact rights 
 of residuary legatees under the said will, and he
 
 108 EXECUTORSHIPS. 
 
 advised as follows, viz. : — (1) If tlie property is 
 situate in Mississippi, the law of that State gives it 
 absolutely to testator's sister and niece for their 
 separate use, whether devise is so expressed or not, 
 and whether under coverture or not each has 
 absolute and separate use and control thereof in 
 every respect, and absolute enjoyment and dis- 
 position of income and corpus. If property be in 
 Louisiana, position is practically identical. The 
 devise would there (being absolute and unconditional) 
 be construed as a gift to "separate use " of devisees 
 respectively, and each would have exclusive enjoy- 
 ment, control, and absolute powei of disposition of 
 her share of the property ; nor could it be in any 
 way incumbered or charged by husband or made 
 liable for his debts. 
 
 Power of 2. — In order to realise said estate, said benefi- 
 
 Attorney to . . 
 
 Sell Estate, Claries executed on (date) a power of attorney m 
 
 and result \ / ± j 
 
 thereof. favouT of Mr. N., for purposes therein particularly 
 mentioned. In pursuance of such power appointee 
 proceeded to America, and, after a considerable 
 amount of trouble and expense, succeeded in selling 
 a portion of estate comprised in said will, and in due 
 course returned to England with proceeds of sale. 
 The beneficiaries, not caring to trouble themselves 
 about investment thereof, and having implicit con- 
 fidence in said appointee, allowed him to invest same 
 without taking precaution to enquire, or be furnished 
 with any information, as to nature or adequacy of 
 alleged security. It is supposed to have been
 
 EXECUTORSHIPS. 109 
 
 retained by N. without any deposit of deeds, 
 mortgage, promissory note, or other acknowledg- 
 ment as to mode of investment or otherwise. This 
 belief is confirmed by fact that he has paid one 
 year's interest on amount to Mr. 0., husband of 
 Mrs. 0., and father of Miss 0. The transaction 
 appears, from information given to me by Mr. 0., to 
 have been effected through Messrs. of, &c., 
 
 solicitc rs ; but no security of any sort has ever been 
 given therefor, N. alleging, as an excuse, that if 
 said obtained possession of deeds relating 
 
 to saiu investment she would not keep them in safe 
 custody, and that, under these circumstances, he 
 (N) would retain possession of them himself until 
 repayment of amount invested. This singular 
 course of action and explanation appears to have 
 satisfied beneficiaries, and no further enquiries have 
 ever been made respecting truth of N.'s statements 
 or character of security upon which he alleges the 
 money has been invested, until last. 
 
 3. — Said M. 0. died on this date, intestate, with- ^l^ll^^^f,-^ 
 out having received full amount of her share under imesute. 
 said will, and on 
 
 4. — Letters of administration of her personal fratiou by 
 estate (amounting to £ ) were granted by Her band.*"^" 
 
 Majesty's High Court of Justice at the District 
 Registry attached to Probate Division thereof at 
 to said N. 0., her husband. 
 
 5. — Said A. 0. intermarried with X. J., of Testator's 
 
 ' iMece's 
 
 aforesaid, on this date, being at that time entitled ^""*s°'
 
 110 EXECITTOESHIPS. 
 
 to residue of her share of and in unsold estate under 
 said will. After Mrs. O.'s death said administrator 
 and Mr. J., being desirous of realising balance of 
 their respective shares under said will, on 
 
 powe°/of 6. — Executed a second power of attorney in 
 said"''^^ ° favour of said N., under which he had carte blanche 
 
 Appointee 
 
 res^t^' ^''^ to deal with and sell residue of said estate for best 
 price obtainable therefor. N. having in his posses- 
 sion necessary certificates of marriage, birth, and 
 death, and a medical certificate as to cause of Mrs. 
 O.'s death, and statutory declaration verifying same 
 and said power of attorney, proceeded to America, 
 and realised the estate. An exceptionally long time 
 appears to have been spent by him in executing his 
 commission, for, although he left here in October 
 last, the bankers' draft for £ ( payable to Mrs* 
 
 J.) did not arrive until after latter' s death in June 
 last. 
 
 Niece's 7. — Said A. J. executed her last will, whereby 
 
 she disposed of her said estate to her brothers and 
 sisters equally, and thereby appointed her said 
 father sole executor. 
 
 Niece's 8. — Tcstatrix died without, &c. 
 
 Death. 
 
 Her Hus- 9. — A cavcat was lodged on behalf of her husband 
 
 band's .... 
 
 Caveat, &c. ^gainst probatc of said will, in said registry, but was 
 abandoned on day of , caveator's 
 
 solicitor threatening to compel executor to prove 
 said will in " solemn form," and on
 
 EXECUTORSHIPS. Ill 
 
 10. — Limited probate thereof was duly granted to ^j^K. 
 said executor. 
 
 11.— A vast amount of difficulty lias been ^^?fof8l?i 
 
 experienced by me (as solicitor for said executor) 
 
 in obtaining definite information respecting said 
 
 draft for £ , alleged to have been sent by 
 
 N. as result of sale of said residuary estate, and it 
 
 will probably be well if a full history of the exact 
 
 facts relative thereto is given. First, it is believed, 
 
 it was enclosed by N. in a letter sent to his nephew, 
 
 who professes to carry on N.'s business here during 
 
 his absence, and retained by him for a short time. 
 
 Ultimately, when said caveat was lodged, it is 
 
 believed that he delivered it up to N.'s brother (who 
 
 resides 'in ), who undertook to keep it until 
 
 all disputes were ended, and on subduction of 
 
 said caveat, and limited grant of probate, I 
 
 (accompanied by said executor) waited upon and 
 
 demanded from said depository delivery up of said 
 
 draft, but latter stated that he had returned same to 
 
 his brother to his American address, not caring to 
 
 retain possession of it in consequence of and during 
 
 pendency of said proceedings. On same day I 
 
 wrote to N. (who had returned to his address in 
 
 Ireland), informing him of position of matter, and 
 
 requesting him to forward said cheque immediately 
 
 on receipt thereof from America. 0. has just been 
 
 informed that N. is busy preparing for an immediate 
 
 sale of his estate in Ireland, and that, when this has 
 
 been completed, he intends emigrating to America,
 
 112 EXEOUTOESHIPS. 
 
 where some of liis relatives reside. The said 
 executor appears to have hitherto reposed fullest 
 confidence in 'N. as to value of said estate, and 
 depended upon correctness of his judgment in selling 
 it at a fair price, and also trusted to his honesty in 
 dealing therewith. He now thinks that his confi- 
 dence has been ill-reposed, and feels that N. has not 
 treated him in the straightforward and honest way 
 he anticipated (but has no reliable information in 
 support of this suspicion) ; that N. has abused his 
 power by secretly purchasing estate for himself, at 
 an undervalue ; and that he is about to return to 
 America to resell it for a much higher price than 
 amount alleged by him to have been realised there- 
 for. He has never rendered any account of his 
 exact receipts and payments in connection therewith, 
 and he simply rendered, under said power of 
 attorney, a bare statement of nett amount realised, 
 not even giving 0. or myself slightest information 
 as to how much his charges for the two trips to 
 America, and executing said commission, amount to. 
 He appears to be under the impression that 0. (being 
 an old and somewhat illiterate man) will content him- 
 self with his bare ipse dixit as to amount realised, 
 without making any enquiry or investigation as to 
 reasonableness, or otherwise, of amount expended in 
 connection with said sale, and his personal charges 
 for attending thereto. The annoyance to which 0. 
 has been subjected by N.'s said nephew and brother 
 (temporary depositaries of said draft), combined 
 with rumours of intended sale of his estate, and
 
 EXECUTORSHIPS. 113 
 
 departure for America, have aroused his suspicions 
 that unless prompt action is taken very "grave 
 difficulties may arise, and enormous trouble and 
 expense be caused to enforce his rights. Under the 
 special circumstances, it is of the utmost importance 
 that immediate action should be taken. 
 
 12. — A case has been submitted for opinion of case for 
 
 •^ Counsel's 
 
 counsel as to (1) executor's rights and remedies, (2) <^p"^^°"- 
 obligations of and course of action to be adopted 
 against said appointee, (3) to advise generally and 
 fully on case and best course of action to be adopted 
 under the circumstances. 
 
 13. — Followinar is an abstract of his opinion, viz. Abstract 
 
 ° ^ ' Opinion. 
 
 (1) : — IS", was agent of 0. and J. as principals, and 
 latter, or parties representing them, can call upon 
 agent to furnish an account, and if he refuses, or 
 fails to do so, an action may be commenced against 
 him in Chancery Division for an account. (2) If 
 N. had been in Wigan, I should have advised an 
 action against him in Palatine Court by 0., as 
 representing his wife and daughter, for an account 
 of his dealings and transactions ; but as he is out of 
 jurisdiction of both Palatine and High Courts, and 
 is within jurisdiction of Irish Chancery Court, a 
 writ should be forthwith issued against him therein, 
 and if it can be shown that he intends leavingr 
 Ireland a writ of ne exeat regno might be applied 
 for. If, however, he is coming over to Wigan, have 
 a writ ready for issuing against him, and in mean- 
 time apply to him for said draft, and to hand over 
 
 14
 
 114 EXECUTOESHIPS. 
 
 deeds relating to said investment. If lie gets over 
 to America before proceedings are taken, and 
 intends staying there, proceedings for an account 
 will liave to be taken in America. 
 
 Appiica- 14. — A formal application, detailino^ facts before 
 
 tionto ri ' o 
 
 App^ointee mentioned, for a detailed statement of said receipts 
 
 Account, and payments was made to said appointee by me on 
 
 this date, in order that I might submit same to and 
 
 advise executor thereon. He, however, failed to 
 
 render said account. 
 
 Appuca- 15. — An application was also made to Messrs. 
 
 tion to his -^ ^ 
 
 Si^ftors 5 said solicitors, who prepared alleged 
 
 security for £ , for (1) full information as to 
 
 character of security upon which money had been 
 invested, and (2) for an attested copy of mortgage 
 or other document (if any) whereby amount was 
 secured, but they failed to render same. 
 
 Retainer 16. — Said opiniou having been read over and 
 
 and In- 
 
 to's^ue""^^ fully explained to said executor by me, he 
 empowered me to proceed to Ireland, to demand 
 from said appointee detailed account referred to in 
 my said letter, and do all other acts and things 
 necessary for recovering, as soon as practicable, 
 amount in his hands or under his control belonging 
 to said executor, either individually or as adminis- 
 trator of said Mrs. 0., or executor of his late 
 daughter. 
 
 Eesuitof 17. — In accordance with said instructions I forth- 
 
 Journey to 
 
 Stlrview with proceeded to Ireland, and on enquiry at 
 ppoin ee. ^^^ informed by said appointee's wife that he had
 
 EXECUTORSHIPS. 115 
 
 only two days previously left home with intention 
 of waiting upon me respecting my application for 
 an account and to deliver up said draft. This state- 
 ment afterwards turned out to be false, and had 
 evidently been made to disguise his movements, in 
 order the more readily to facilitate his preparations 
 for a final departure without rendering any account 
 whatever. 
 
 18. — As a final effort said executor sio^ned a Farther 
 
 " Ketamer. 
 
 further retainer to forthwith institute in Chancery 
 Division of High Court of Justice in Ireland 
 such proceedings as might be deemed expedient for 
 purposes advised by counsel, and to continue same 
 to their termination. 
 
 19. — Issued accordinofly for (1) an account of all ^"tof 
 
 o t/ \ / Summons. 
 
 moneys received by defendant as aforesaid under 
 said powers of attorney, (2) that he might be 
 ordered to pay amount which might be found due 
 on taking such account, and (3) for delivery to 
 plaintiff of all deeds, documents, and papers relating 
 to sale of said property, or in anywise connected 
 therewith, or whereof he obtained possession by 
 virtue of said powers, and (4) for costs of action. 
 
 20. — Agents' correspondent at wrote them Result of 
 
 on this date that defendant was in America, his ^^^"^ '"^'"®* 
 wife was still at his address, but unless evidence 
 obtainable that she is acting under a power of 
 attorney from him it would be difficult to obtain an 
 order for substituted service of copy writ.
 
 116 EXECUTORSHIPS. 
 
 21. — Said correspondent subsequently further 
 reported tliat he had made every possible enquiry 
 as to defendant, and found that all the family 
 had left for America, having disposed of all they 
 had. Under these circumstances further proceed- 
 ings will be useless. 
 
 22. — Testator's estate account to be specified 
 fully. 
 
 23. — Usual Release to executor on distribution.
 
 EXECUTORSHIPS. 
 
 No. 11. 
 
 Schedule op Paeticulaes. 
 
 1.— Abstract of Will. 
 
 2. — Probate thereof. 
 
 3. — Personal Estate Account. 
 
 4. — Sale of Testator's Household Furniture and 
 
 Stock-in-Trade, &c. 
 5, 6, 7. — Mortgaged Leaseholds, and special cir- 
 cumstances connected therewith. 
 8. — Case thereon for Counsel's Opinion. Opinion. 
 9. — Tender of Principal, Interest, and Costs to 
 Mortgagee's Solicitor. 
 10. — Re-assignment. 
 11. — Attempted Sale of Leaseholds. 
 12.— Book Debts. 
 13. — Balance owing.
 
 EXECUTORSHIPS. 
 
 Re , DECEASED. 
 
 SOLICITOR'S REPORT 
 
 To Residuaet Legatees as to Executors' Man- 
 agement OF Testator's Estate, which, in 
 consequence op circumstances hereinatter 
 mentioned, proved insolvent. 
 
 Abstract of 1. — Testator Gxecuted his will on this date, and 
 
 Will. 
 
 thereby gave, devised, and bequeathed all his real 
 and personal estate, whatsoever and wheresoever 
 situate, unto his brothers, H. H. and J. H., In 
 TRUST for his brothers and sister thereinafter named 
 (names), and directed his executors to sell all his 
 estate, and convert the same into money so soon as 
 convenient after his decease, and thereout to pay 
 all his just debts, funeral and testamentary 
 expenses, and divide the residue amongst his said 
 brothers and sister equally. Testator appointed his 
 said brothers, H. H. and J. H., executors.
 
 EXECUTORSHIPS. 119 
 
 2.— Testator died without, &c. (vide form 1, par. 2). Kh °and 
 
 Probate of 
 Will. 
 
 3.— (1) Cash in house. ^f--^ 
 
 (2) Cash at bankers. ^^'"'^ ' 
 
 (3) Book debts. 
 
 (4) Household furniture, stock-in-trade, &c., 
 vahied at 
 
 (5) Leasehold property. — A plot of land, situate 
 at , and fronting public highway. And 
 also the two messuages or dwelling-houses erected 
 thereon, one of which is used as a provision dealer's 
 shop, and stable, bakehouse, and other erections 
 and buildings thereon, all which premises were 
 recently occupied by the testator and another. The 
 premises contain square yards, and are held 
 under a lease, dated , from R. L., Esq., 
 for 999 years, subject to payment of yearly rent of 
 £ , and to observance of conditions and 
 lessee's covenants and agreements and exceptions 
 therein mentioned ; valued at £ 
 
 (6) Rents of said leaseholds accrued since death. 
 
 (7) Amount due on testator's death from 
 Friendly Society. 
 
 4. — Messrs. , auctioneers, sold same. Amount l^'dj^sehoid 
 
 realised, £ ; less expenses of and incidental st'Jck-in'-^' 
 
 ■^ Trade. 
 
 to sale, £ ; balance, £ 
 
 5. — The testator on this date mortgaged the said Leagfh^fds. 
 premises to trustees of Permanent Benefit 
 
 Building Society for securing £ and interest. 
 
 At his death amount payable thereunder was £
 
 120 EXECUTOESHIPS. 
 
 for redemption of mortgage, made up as follows, 
 viz. (1), amount due, £ ; (2) fines, £ ; 
 
 (3) redemption. As solicitor for and at request of 
 said executors, I paid off said society and lifted the 
 deeds, in order to facilitate winding up of testator's 
 affairs. 
 
 6. — On this date testator mortgaged his equity of 
 redemption therein to E. H. to secure balance of an 
 account current for goods sold and delivered, and 
 interest thereon at 5 per cent, per annum. 
 
 Special cir- 7. — Ou this date said E. H., through his solicitor, 
 
 cumstances ■> o ' 
 
 the^ewiS applied for payment of £ claimed to be due 
 
 and owing to E. H., as appears by letter of applica- 
 tion and cash account hereunto annexed. First item 
 £ is admitted. With reference to second item, 
 
 executors alleged that testator on his death-bed stated 
 that all interest had been paid up to last (date), 
 
 and under these circumstances it would appear that 
 second mortgagee claimed one year's interest in 
 excess of amount actually due. With reference to 
 No. 3, executors have no information whatever 
 upon this point, and are not aware that the money 
 is owing. In consequence of their inability to give 
 me any definite information therein, I applied, on 
 their behalf, to solicitor for said E. H. to furnish me 
 with detailed particulars of his alleged claim, to 
 enable me to submit same to them for consideration, 
 and, if approved, pay same in due course. Amount 
 was tendered to him, when he stated that he had 
 not only issued a writ against executors for recovery
 
 EXECUTORSHIPS. 121 
 
 of amount, but had also advertised mortgaged pre- 
 mises for sale by auction, by order of mortgagee, and 
 given notice to tenants to pay rents to E. H., or his 
 duly authorised agent. In consequence of the 
 complicated position of the matter, and the very 
 summary course of action adopted by the second 
 mortgagee's solicitor, it was deemed advisable to 
 submit a, — 
 
 8. — As to rie^hts and remedies of all parties con- case there- 
 
 " ■•■ on for 
 
 cerned, and he, in effect, advised as follows : — (1) coSel^* 
 Assuming second mortgage deed to be in ordinary 
 form, and that time for payment has passed, mort- 
 gagee may sell, and take other proceedings for 
 recovery of debt, if he has no scruples about 
 acting harshly. The onlv way in which he can 
 be stopped is by payment, or tender of amount 
 due on mortgage, and if after a proper tender 
 he still persists in proceeding, he may in a proper 
 case be charged with or not obtain his costs of 
 a redemption suit. The only practical remedy 
 executors have is to tender mortgage money, and a 
 proper sum for costs of and attending advertising of 
 property and issuing writ against executors ; and if 
 after that he persists in going on, they should issue 
 a writ against him to have an account taken of 
 what is due on the said mortgage, and to redeem 
 property comprised therein, and for an injunction 
 against his selling the said property. 
 
 (2) A fresh tender of amount to be made, together 
 with an intimation that the executors would pay 
 
 15
 
 122 EXECUTORSHIPS. 
 
 charges properly incurred by liim in enforcing his 
 claim, and asking him to state the amount of such 
 charges, and then tender him a reasonable sum in 
 respect thereof, and, if he persists afterwards in 
 going on, issue writ and apply for said injunction. 
 
 (3) Executors can only offer property for sale 
 subject to second mortgage. 
 
 Tender of Q. — Pursuaut to counscl's recommcndation, the 
 
 Principal ; 
 
 an*d Costs, amouut was re-tendered to him, and the matter 
 ultimately settled. 
 
 Ee-assign- IQ. — By rc-assignment, endorsed on the said 
 mortgage, said E. H. thereby assigned unto said 
 executors said mortgaged premises, to hold same 
 freed and discharged from all principal and interest, 
 secured by and from all claims and demands there- 
 under. 
 
 Attempted 11. — Said leaschoMs were on this date offered for 
 
 Sale of . . . 
 
 Leaseholds g^jg jjy public auctiou, but the last bid not reachmg 
 reserve same were withdrawn. Rents have since 
 been collected and property managed by an agent, 
 and the amounts received appropriated towards the 
 reduction of amount paid by me in respect of the 
 said mortgage debts and interest. 
 
 Book 12. — Amounts received on account of these have 
 
 Debts. . , . 
 
 also been appropriated m same manner. 
 
 owing. 
 
 Balance 13. — The balauco still owing to me amounts, 
 
 including the interest and the legal expenses of and 
 incidental to said matters, to £
 
 EXECUTORSHIPS. 
 
 No. 12. 
 
 Schedule of Particulars. 
 
 1. — Real Estate Account. 
 
 2.— Abstract of Will. 
 
 3. — Testatrix's Death and Probate of her Will. 
 
 4. — Payment to Tenants for Life, Testatrix's 
 Brother and two Sisters. 
 
 5. — Payment of her Debts, &c. 
 
 6. — Sale of Real Estate and Transfer thereof. 
 
 7. — Estate Account. 
 
 8. — Expenditure on Property Account. 
 
 9. — Residuary Account. 
 10. — Re Mrs. M. H., deceased. Administration to 
 
 her share. 
 11. — Release to Executors on final distribution. 
 12. — Proposed division of Testatrix's Residuary 
 Estate.
 
 EXECUTORSHIPS. 
 
 E-E , DECEASED. 
 
 SOLICITOR'S EEPOUT 
 
 To Residuary Legatees under Will op Testatrix 
 (her Nephews and Nieces and their Repre- 
 sentatives) AS TO Surviving Executors' Man- 
 agement, Realisation, and proposed Final 
 Distribution op her Residuary Personal 
 Estate, and Proceeds of Sale op her Real 
 Estate. 
 
 Real 1. — Testatrix was, at respective dates of lier will 
 
 Estate -•• 
 
 Account, g^j^^ death hereinafter stated, seized of the following 
 real estate for an unincumbered estate in fee simple, 
 subject as hereinafter mentioned, namely : — 
 
 Lot 1. — A freehold cottage or dwelling-house and 
 garden, called house, in 
 
 aforesaid, occupied by (tenant), asses- 
 sed to property tax of £ , and 
 let at £
 
 EXECUTORSHIPS. 125 
 
 Lot 2. — A yearly ground rent of £ issuing 
 
 out of 7 freehold cottages, situate, &c., 
 for residue of a term of 999 years, 
 created by an indenture of lease, dated, 
 &c. (date), and made between (parties 
 thereto). 
 
 2. — Testatrix executed her last will on this date, Abstract of 
 
 Will. 
 
 and thereby gave, devised, and bequeathed all her 
 real and personal estate, wheresoever situate, and of 
 what nature or kind soever, unto her trustees and 
 executors thereinafter named, their heirs, executors, 
 administrators, and assigns, upon trust, after pay- 
 ment of all her debts, funeral and testamentary 
 expenses, and all other costs, charges, and expenses 
 of carrying trusts of her will into execution, to 
 divide the rents, issues, and profits thereof between 
 her brother and sisters during their lives in manner 
 therein mentioned, and after death of all of them to 
 sell all the messuages, lands, tenements, heredita- 
 ments, and real estate of every tenure of or to which 
 she should at her death be seized or entitled, or of 
 which she should at her death have power to dispose 
 by will (except as therein excepted) either together, 
 or in parcels, and either by public auction or private 
 contract, and make any stipulations as to title, or 
 evidence, or commencement of title, or otherwise, 
 which they or he should think fit, and might buy in, 
 or rescind, or vary any contract for sale, and resell 
 without being answerable for any loss which might 
 be occasioned thereby, and might for purposes afore-
 
 126 EXECUTOESHIPS. 
 
 said, or any of them, execute and do all such 
 assurances and things as they or he should think 
 fit; and should stand possessed of the moneys 
 arising from such sale and conversion of her said 
 real estate, and from collection of her personal 
 estate upon trust, to divide same into seven equal 
 undivided shares, payable as follows, one each to 
 and amongst the following persons, namely, (1) 
 children of her brother J. F., (2) children of her 
 sister C. S., (3) representatives of children of her 
 sister M. H., as follows : — (1) E. H., administratrix 
 of R. H., deceased, and (2) W. A., administratrix of 
 J. A., formerly H., deceased, (4) son of her brother 
 R. F., (5) children of her brother H. F., (6) 
 children of her sister H. L., and (7) son of her 
 sister J. H. ; and testatrix appointed her said 
 brother, J. A., and H. F., trustees and executors of 
 her will. 
 
 Testatrix's 3. — Tcstatrix died without havinsf altered or 
 
 Death, and _ _ " 
 
 her wiii.°^ revoked her said will, and same was duly proved by 
 all said executors in, &c., on (date). 
 
 Payments 4. — All tlic rcuts, Issucs, aud profits arising from 
 
 to Tenants . _ ± o 
 
 he'r Brothel ^^^^ hereditaments were paid over to and received 
 Sisters. by Said tenants for life in shares and proportions to 
 
 which they were respectively entitled up to times 
 
 of their respective deaths. 
 
 I 
 
 Payment ^' — All tcstatrlx's dcbts, f uucral, and testamentary 
 
 of her n n 1 1 <. 
 
 Debts, &c. expenses, and all other charges of carrying trusts of 
 her said will into execution have been paid.
 
 EXECUTORSHIPS. 127 
 
 G. — Pursuant to, and in order to close the trust ^j^'^j°' 
 contained in said will, trustee put up said premises TransVe?" 
 for sale by public auction at (place), on (date), and 
 at such sale A. was highest bidder for, and declared 
 purchaser of, lot 1 for £ , and C. and D. were 
 
 purchasers of lot 2 for £ . Said lots were 
 
 on (date) granted unto said purchasers. 
 
 7. — The analysis of executors' account of personal Estate 
 
 '' ^ Account. 
 
 estate, and of moneys arising out of real estate of 
 said testatrix, &c., is contained in account No. 5 
 herein, and shows receipts and payments made by 
 them for and on account thereof since probate of 
 said will up to and including this date. Original 
 thereof will be read at final distril^ution if required 
 (vide account No. 5). 
 
 8. — Said account shows amount expended by them pxpendi- 
 
 i •' ture on 
 
 in respect of (1) necessary repairs to said property, Account^ 
 (2) advertising sale in local papers, printing sale 
 bills, liquor, &c., at sale, and (3) on miscellaneous 
 account. 
 
 9. — Duty payable to the Commissioners of Inland Kesiduary 
 
 •J r ^ Account. 
 
 Revenue in respect of said residuary estate amounts 
 to £ , being after rate of £3 per cent, on said 
 
 seven shares. 
 
 10. — Mrs. M. H. died on (date), leaving (name of ^r^«j ^i- "•• 
 legal personal representative) her surviving, and uaiion to 
 latter intends applying for letters of administration
 
 128 EXECUTORSHIPS. 
 
 to her personal estate in due course to enable her to 
 give executors a valid discharge for seventh share 
 payable to her under said will. 
 
 Reieaseto H. — (Copv paraOTapli 14 of final report No. 7.) 
 
 Executors V rj r to 1 r / 
 
 on Final 
 
 Distribu- 
 
 proposed 12. — This is shown by cash account (No. 5), 
 Residuary a copv of wliicli lias bccu scut to cacli residuary 
 
 Estate. J^ •^ "^ 
 
 legatee for examination and approval.
 
 EXECUTORSHIPS. 
 
 No. 13. 
 
 Testatrix, a widow, who died without issue, leaving 
 all her property to her nephews and nieces, £500 
 advanced to one of the former in her lifetime beins: 
 deducted from his share. 
 
 Schedule of Particulars. 
 
 1.— Abstract of Will. 
 
 2. — Loan to Mr. B. and repayment thereof. 
 
 3. — Loan to Mr. C, a Residuary Legatee, and 
 Agreement by him to execute on demand a 
 Mortgage of Leaseholds to secure amount. 
 
 4. — Sale of Testatrix's Wearing Apparel, &c., to 
 Legatees. 
 
 5. — Personal Estate Account. 
 
 6. — Statutory Notice to Creditors. 
 
 7. — Payment of Funeral and Testamentary Ex- 
 penses, Debts, Legacies, Duties, &c. 
 
 8. — Particulars of Estate in Schedules. 
 
 9. — Payment of Shares and Release to Executors. 
 10. — Schedules. 
 
 16
 
 EXECUTORSHIPS 
 
 Re Mrs. , Widow, deceased. 
 
 SOLICITOR'S REPORT 
 
 To Beneficiaries respecting the Executors' Man- 
 agement, Realisation, and proposed Distribution 
 OF Testatrix's Estate. 
 
 Ab<;tract of 1. — By her last will of this date (duly proved 
 and registered by the executors on last 
 
 in the District Registry attached to the Probate 
 Division of Her Majesty's High Court of Justice at 
 Liverpool) said testatrix appointed her nephews 
 (insert names) executors and trustees thereof, and 
 bequeathed to her niece (name) £ (free of 
 
 legacy duty), for her absolute use and benefit, and 
 directed that same be paid or retained out of first 
 moneys that should come to hands of her said 
 executors ; and as to all the rest of her real and 
 personal property whatsoever testatrix devised and
 
 EXECUTOi^ snips. 131 
 
 bequeatlied same unto and to use of her said trustees 
 and executors rrox trust (set out trusts of will). 
 
 The following details will explain fully how 
 testatrix's estate has been dealt with prior to and 
 since her death. 
 
 2. — (1) Said testatrix advanced £ to . Bl'andre-^'^' 
 
 payment 
 
 (2) She advanced to him a further sum ot thereof. 
 
 £ , at 5 per cent. 
 
 (3) Said repaid £ to testatrix 
 
 on accoimt of loan. 
 
 (4) Balance of loan was repaid by 
 
 to testatrix. 
 
 3. — By asrreement made between C. of one part Loan to Mr. 
 
 " O X C., a Ke- 
 
 and testatrix of other part, after reciting (1) Lecat7e, 
 
 -IT 1 c -IT- °-^^ Acree- 
 
 That C. was entitled to a lease oi certain land mp^fntby 
 
 hini to exe- 
 
 aforesaid, but had not then received such dema^n'd a 
 
 Mortgage 
 
 lease ; and (2) had erected and built upon a portion "^^^^l^' 
 of said plot of land certain messuages, and had amo^t. 
 agreed to sub-lease the other portion of said 
 plot to one at a yearly rent of £ 
 
 (3) That said testatrix had agreed to lend to the 
 said C. £ upon security of such portion 
 
 of the said land as said C. had built upon and the 
 erections thereon or of the ground rent reserved in 
 respect of said sub-lease, provided that the premises 
 should be valued by a competent land surveyor to 
 be appointed for that purpose by said testatrix at 
 sum of £ at least, clear of all outgoings. 
 
 It was thereby mutually agreed between parties 
 thereto as follows : —
 
 132 EXECUTOESHTPS. 
 
 (1) Tliat tlie said C. slioiild, when thereunto 
 requested by testatrix, execute a legal mortgage of 
 such portion of said land and buildings or ground 
 rent as should be valued as aforesaid. 
 
 (2) Principal money to be secured by the said 
 mortgage should be made payable at expiration of 
 six calendar months from date thereof, after rate of 
 £5 per cent, per annum, payable half-yearly, and 
 mortgage should contain covenants by mortgagor 
 for payment of said principal money and interest, 
 and should also contain such power of sale and 
 other powers and provisions as mortgagee should 
 reasonably require for better securing payment of 
 principal money and interest, including, neverthe- 
 less, a proviso that the said principal and interest 
 should not be called in without six months' notice 
 in writing being previously given. The mortgage 
 contemplated by said agreement was not insisted 
 upon by the said testatrix, and in fact was never 
 executed by said C, said testatrix being satisfied 
 with security afforded by such agreement ; the 
 interest payable under such agreement has not been 
 regularly paid by said C, as appears by testatrix's 
 memorandum book, containing entries of receipts 
 by her of principal and interest. Said sum of £ 
 still remains due and owing under said agreement, 
 together with £ for interest thereon, making a 
 total of £ .It has been agreed that said last- 
 mentioned sum shall be deducted from the share of 
 the said C. in satisfaction of principal and interest 
 under said agreement, and that a memorandum of
 
 EXECUTORSHIPS. 133 
 
 satisfaction thereof shall be endorsed thereon, and 
 signed by said executors and the other residuary 
 legatees under said will. 
 
 4. — At the time of her decease the testatrix was saie of Tes- 
 tatrix's 
 
 possessed of a considerable quantity of wearing ""^^^l^l 
 apparel and other articles, which, in order to avoid Legat°ee6. 
 disputes as to distribution thereof among bene- 
 ficiaries, it was mutually agreed should be sold 
 by auction to them, and accordingly on last 
 
 same was sold by auction by and realised 
 
 £ , as appears by inventory marked 
 
 " " hereunto annexed, duly authenticated 
 
 by the respective signatures of the said executors 
 and legatees, who have examined and admitted cor- 
 rectness thereof. 
 
 5. — Testatrix had no personal or moveable estate ^^^^1°°*^ 
 and effects within the United Kingdom other than ^"°'^'- 
 and except personal estate and effects particulars 
 and value whereof are contained in account No. 1 
 hereto annexed (set out particulars of personal estate). 
 
 6. — The debts, claims, and demands delivered statutory 
 
 ' ' Notice to 
 
 pursuant to the statutory notice to creditors inser- ^"'^''°"- 
 ted in (name papers) are set forth in first part of 
 second schedule hereunder, and numbered respec- 
 tively 
 
 7. — Particulars of sums paid for funeral and testa- Payment of 
 
 ^ Funeral 
 
 mentary expenses of said testatrix, and for legacy menury*' 
 bequeathed by her said will and duties payable in pebts. 
 
 1 «/ I i/ Legacies 
 
 respect of her estate, are also set forth in first Tc. °'^*'^^' 
 part of second schedule.
 
 134 EXECUTORSHIPS. 
 
 Particulars g. — Pursuaiit to tpust in that belialf contained in 
 
 of Estate 
 
 (Schedules). ^^.^ ^.-^^ ^^.^-^ Gxecutors possGSsed themselves of the 
 testatrix's personal estate not specifically bequeathed 
 by her said will (detailed particulars of which are 
 set forth in the accounts hereinafter contained and 
 authenticated by signatures of said executors and 
 legatees), and have out of the said personal estate 
 paid funeral and testamentary expenses and debts 
 of said testatrix, and said legacy bequeathed by her 
 said will, and all duties payable in respect of estate 
 of said testatrix. Particulars of personal estate of 
 the said testatrix are set forth in first part of first 
 schedule hereunder written, and particulars of the 
 sums received by the trustees since death of said 
 testatrix for interest and dividends on the several 
 investments of personal estate of said testatrix are 
 set forth in second part of same schedule hereunder 
 written ; and particulars of several sums of money, 
 stock, and securities respectively paid and trans- 
 ferred to the parties entitled thereto on account of 
 the residue of the personal estate and effects of said 
 testatrix are set forth in the second part of same 
 schedule ; particulars set forth in first and second 
 schedules hereunder written have been carefully 
 examined by said (legatees), who are in all respects 
 satisfied with correctness thereof. 
 
 Payment of 9. — Said cxecutors have paid or transferred the 
 
 Shares. 
 
 said sum of £ (being the clear residue of the 
 
 said personal estate) to the following persons in 
 the following amounts, namely : — (1) £ to 
 
 said in her own right, (2) £ to
 
 EXECUTOESHIPS. 135 
 
 said in her own right, (3) £ to 
 
 said in her own right, (4) £ . to 
 
 said in his own right, and (5) £ 
 
 to said in his own right, being the shares in 
 
 which, having regard to circumstances before stated, 
 they are entitled to the said sum of £ , and 
 
 for satisfaction of said executors said (legatees) have IStors. 
 agreed to execute to them a release and discharge 
 of the estate and effects of the said testatrix of and 
 from all actions, claims, and demands whatsoever 
 for or in respect or on account of the estate of said 
 testatrix, and rents, profits, and income thereof 
 respectively, or any part or parts thereof respec- 
 tively, or any act, deed, matter, or thing whatsoever 
 done or omitted to be done by said executors or any 
 of them in or about execution of said will or trusts 
 thereof or in anywise relating to premises. 
 
 10. — Insert schedules above referred to. schedules.
 
 EXECUTORSHIPS 
 
 No. 14. 
 
 Schedule op Paeticulars. 
 
 1.— Abstract of Will. 
 
 2. — Testator's Death, and Probate of Will. 
 
 3. — Testator's Loans to liis Children, and latter' s 
 admissions as to respective amounts of their 
 Indebtedness. 
 
 4. — Personal Estate Account. 
 
 5. — Payments. 
 
 6. — Deed of family arrangement as to said Loans 
 to Children, and allowance of £100 out of 
 Estate to a Son who had been disallowed 
 any interest under Will, as appears in last 
 clause therein.
 
 EXECUTORSHIPS. 
 
 Re , DECEASED. 
 
 SOLICITOR'S REPORT 
 
 To Residuary Legatees as to Executors' Manage- 
 ment, Realisation, and Proposed Distribution 
 OF Testator's Residuary Personal Estate. 
 
 1 . — Testator made his will, and thereof appointed 
 (names) trustees and executors, and devised and 
 bequeathed all his estate, real and personal, unto 
 and to use of said (names), their heirs, executors, 
 administrators, and assigns, upon trust, to sell his 
 real estate, and call in and convert into money his 
 said personal estate, and out of money to arise 
 therefrom, and money of which he should be 
 possessed at his death, pay his funeral and testa- 
 mentary expenses and debts, and stand possessed of 
 residue upon trust, to pay £ to his children, 
 
 said (names), share and share alike. And as to 
 
 17
 
 138 
 
 EXECUTOESHIPS. 
 
 TeBtator's 
 Death, and 
 Probate of 
 his Will. 
 
 Testator's 
 Loans to 
 his 
 Children 
 
 and latter's 
 admissions 
 as to 
 
 respective 
 amounts of 
 their 
 indebted- 
 ness. 
 
 Personal 
 
 Estate 
 
 Account. 
 
 residue, he bequeathed same unto his children 
 (names), and directed that his son, said , who 
 
 had received £ during his lifetime, should take 
 
 no benefit under his will. 
 
 2. — Said testator died, without having altered or 
 revoked his will, and same was afterwards duly- 
 proved and registered in the District Registry 
 attached, &c., at , by the said E. "W. and 
 
 E. H., as surviving executors thereof, said Z. A. 
 having died in month of last without having 
 
 intermeddled in trusts of said will. 
 
 3. — It has been alleged that said R. W. was 
 indebted to said testator in sum of £ , or there- 
 abouts, for money lent to him by the latter at various 
 times, accuracy of which debtor disputed, admitting 
 his indebtedness in £ only, which admission the 
 other residuary legatees have agreed to admit as 
 correct. 
 
 Said C. H., R. W., and P. W., respectively, admit 
 owing the several sums of £ , £ , and £ 
 to said testator's estate for money lent to them by 
 testator at various times, which admissions the other 
 residuary legatees have agreed to admit as correct. 
 
 £ s. d. 
 
 4. — (1) Cash in the house, £ .... 
 
 (2) Cash at bankers 
 
 (3) Furniture, &c., sold for . 
 
 (4) Mortgage and interest due 
 
 at Testator's death ...£ 
 
 Total of property . . . £
 
 EXECUTORSHIPS. 
 
 5.— (1) Probate 
 
 (2) Funeral expenses 
 
 (3) Expenses attending execu- 
 
 torship 
 
 (4) Debts on simple contracts, 
 
 rent, taxes, wages, &c., 
 due at Testator's death, 
 as per Schedule annexed £ 
 
 Deduct total of payments 
 from total of property, £ 
 
 Net amount of property, £ 
 
 139 
 d. 
 
 Payments. 
 
 to 
 said Loans, 
 
 6. — In order to avoid certain intended proceedings Deed of 
 at suit of said R. W. in connection with said will, m"nt"^ri 
 it has been mutually agreed by and between said &c 
 parties, (1) that said R. W. should forbear such pro- 
 ceedings, and take and be allowed for his own use 
 and benefit £100 out of testator's residuary estate, 
 less his l-6th share of expenses of and incidental to 
 probate of said will, and winding up of testator's 
 affairs generally, including said deed, to effectuate 
 terms of settlement agreed upon, and (2) that said 
 debts so owing by said legatees should be deducted 
 from their respective shares. 
 
 By said deed of arrangement, each of said 
 residuary legatees thereby covenanted with said 
 executors to thereafter indemnify latter, their 
 heirs, executors, and administrators, against all 
 a^tio)iSy claims, and demands of the issue of said 
 legatees, or any of them, in respect of payment of said 
 sum of £100 out of testator'' s residuary estate.
 
 EXECUTORSHIPS. 
 
 No. 15. 
 
 I 
 
 Schedule of Particulars. 
 
 1.— Abstract of Will. 
 
 2. — Testator's Deatli, and Probate of Will. 
 
 3. — Circumstances connected with his missing Son's 
 
 Departure for America. 
 4. — Advertisement for him. Not found. 
 6. — Conveyance of Freeholds to a Trustee for eldest 
 
 Son, as directed by Will. 
 6. — Disposition of Furniture and Cash in hand. 
 7. — Personal Estate Account.
 
 EXECUTORSHIPS. 
 
 Re H. B., deceased. 
 
 SOLICITOR'S REPORT 
 
 As TO THE Executors' and Trustees' Management, 
 Realisation, and Distribution of Testator's 
 Real and Personal Estate. 
 
 1 . — Testator duly made his last will, and thereby ^^^^^^ °' 
 gave and devised all his four freehold messuages, 
 situate in, &c., with their appurtenances, unto and 
 to the use of his wife, E. B., and his sons, 
 R. B. and A. B., their heirs and assigns, upon the 
 trusts following, that was to say : If it should be 
 ascertained to the satisfaction of testator's widow 
 and two sons, or survivors or survivor of them, or 
 heirs of such survivor, within six calendar months 
 after his (testator's) decease, that T. B. was living 
 at testator's death, then in trust for said R. B. and
 
 142 EXECUTOESHIPS. 
 
 T. B., their heirs and assigns absolutely, as tenants 
 in common in equal shares. But if it should not be 
 ascertained to satisfaction of said trustees or trustee 
 for time being within period aforesaid that T. B. 
 was living at testator's death, then upon teust that 
 said trustees or trustee for time being should assure 
 same premises to use of said R. B., his heirs and 
 assigns absolutely, such assurance to be prepared at 
 expense of said E-. B., his heirs or assigns, and to 
 be conclusive evidence as against said T. B., and all 
 persons claiming through or under him that it was 
 not so ascertained as aforesaid within period afore- 
 said that he was living at testator's death. And 
 said testator appointed his said wife, and the said 
 R. B. and A. B. executrix and executors of his said 
 will. 
 
 DelKnd 2. — Said testator died without, &c. 
 
 Probate of 
 his WiU. 
 
 circum- 3. — Said T. B. left Wigan for New York in or 
 
 stances 
 
 Shfs^^ about the spring of 1858, and has never since been 
 son's'de- heard of. The presumption of law would be that 
 
 garture for ^ ■*• 
 
 he was dead at the expiration of seven years after 
 he was last heard of, but counsel, to whom facts of 
 case were submitted to advise as to best course of 
 action to be adopted under circumstances, advised 
 " that the trustees should insert an advertisement 
 " in (1) a New York paper of extensive circulation, 
 " (2) the TmieSj and (3) a local paper." 
 
 4. — Accordingly on these respective dates an 
 advertisement, of which following is a copy, was 
 inserted in said papers, viz. : — 
 
 America.
 
 EXECUTORSHIPS. 143 
 
 "J. B., second son of late H. B., formerly of 
 " "Wigan, Lancashire, England, gardener, will hear of 
 " something to his advantage by immediately apply- 
 " ing to undersigned. He left Wigan for New York 
 *' in or about spring of 1858, and has never since 
 " been heard of. If dead, information wanted of 
 "date and place of death." 
 
 5. — No intelligence havinof been obtained con- convey- 
 
 o o ance oi 
 
 cerning said J. B. by trustees, and more than sixfoTTmstee 
 T 1 11' • -I • i ^°^ Testa- 
 
 calendar months havme: expired smce testator s t'^'s widest 
 
 o sr Son, &a 
 
 death, said trustees, in execution of trust for that wm?^'^*'^ 
 purpose contained in said will, granted all and 
 singular said four messuages, &c., unto a trustee 
 and his heirs to use of said R. B., his heirs and 
 assigns, for ever absolutely. Clause in will as to 
 effect of assignee enabled R. B. to make a good title 
 to a purchaser. 
 
 6. — Testator's household furniture, books, &c., °/7,frn"°" 
 were left to his widow absolutely, except a writing cafiAu 
 desk to his grandson Robert and an old watch to 
 his grandson Henry. After payment of his debts 
 cash in hand was to be equally divided between his 
 widow and two sons. 
 
 / 
 
 -Testator's personal estate consisted of follow- esu""^ 
 ing, viz. : — (1) Cash at bankers, £ , and (2) "°"" " 
 
 household furniture, &c., valued at £ 
 Total, £ . Payments, £ . Nett 
 
 amount of residue, £ 
 
 N.B. — This estate was too small to necessitate a 
 formal release, &c.
 
 ADMINISTRATIONS. 
 
 No. 1. 
 
 Schedule of Particulaes. 
 
 1. — Application to Intestate's Creditors for Par- 
 ticulars of their Claims. 
 
 2. — Advertisement of Sale of Intestate's Business. 
 
 3. — Personal Estate Account. 
 
 4. — Schedule of Debts owing by Intestate. 
 
 5. — Payment of said Debts shortly after Intestate's 
 Death by Administrator out of his own 
 funds, subject to an allowance of a discount 
 of 10 per cent, thereon. 
 
 6. — Preliminary Negotiations for Sale of said 
 Business through a Transfer Agent. 
 
 7. — Sale of Intestate's Business ; special course 
 adopted thereon. 
 
 8. — Agreement for Sale. 
 
 9, 10. — Valuation of Stock, &c. 
 11. — Payment of Amount; Particulars of Valuer's 
 
 Account. 
 12. — Lease of Intestate's Business Premises ; cove- 
 nants therein.
 
 SCHEDULE. 145 
 
 13. — Assignment of said Lease, with Lessor's con- 
 sent. 
 
 14. — Leasehold Property held by Intestate, and 
 burthened with an onerous covenant. 
 
 15. — Attempted Sale thereof by Private Treaty. 
 
 16. — Attempted Sale of Intestate's other Lease- 
 holds. Half-yearly Division of Rents until 
 an advantageous opportunity presents itself 
 for a Sale of Leaseholds. 
 
 17. — Deed of Direction by Next-of-Kin to Adminis- 
 trator empowering him to Postpone Sale of 
 said Leaseholds as therein mentioned. 
 
 18
 
 ADMINISTRATIONS. 
 
 Re a. B., late op , Chemist and Druggist, 
 
 deceased. 
 
 SOLICITOR'S INTERMEDIATE REPORT 
 
 To THE Next-op-Kin as to Administrator's Man- 
 agement, Realisation, and proposed Interim 
 Distribution op a portion op Intestate's 
 Estate. 
 
 Application i_ — jn coiisequeiice of the sudden death of the 
 
 to Intes- T^ 
 
 cre^ditora iiitestate, a bachelor, on this date, and the urgent 
 
 for Particu- 
 
 cTatal*'^"'^ necessity for an immediate application for a grant 
 of letters of administration to his personal estate 
 and effects, each creditor or merchant with whom 
 he had traded was applied to to forward forthwith 
 particulars of any claim he might have against 
 estate, to enable intended administrator to claim a 
 deduction of debts, 
 ment'o'f^' 2. — Followiug advertisement was inserted in 
 Intestate's MecUcal aiid Pharmaceutical Journals for disposal of 
 
 Business. . ^ 
 
 Intestate's business : — 
 
 " Lancashire (important town, population nearly 
 " ). Death vacancy. First-class general 
 
 " retail, dispensing, and prescribing business. 
 " Established by late proprietor in 1866. Nearly 
 " all ready money. Very good prices obtained.
 
 ADMINISTRATIONS. 147 
 
 " Handsome, lofty, and capacious single-fronted 
 " shop (60ft. by 16ft.), with large plate-glass 
 *' window of a very bold and superior appearance. 
 " Premises comprise said shop, three rooms on first 
 " landing, three rooms on second landing, and a 
 " very large attic. Shop handsomely fitted in first- 
 " class style in mahogany. Thoroughly well stocked 
 " with best drugs. Large and commodious ware- 
 " house, cellar, and yard. Side entrance for goods. 
 " Most prominent position in the town. Returns 
 " (substantiated by books) for last seven years 
 " average about £ annually. Profits large on 
 
 " everything. Copied prescriptions between 
 
 " March, 1866, and June, 1882. Price by valuation 
 " (about £ ). Part of purchase-money can 
 
 " remain on approved security. Splendid oppor- 
 " tunity for an energetic man. Every investigation 
 " courted, and references given to wholesale houses. 
 " Late proprietor's business account books can be 
 " seen." 
 
 The circumstances connected with negotiations 
 for and ultimate sale of said business, and lease of 
 premises whereat same carried on, are fully detailed 
 in paragraphs 6 to 13 inclusive. 
 
 3. — The followinar account contains a true account Personal 
 
 O Estate 
 
 of particulars and present value, so far as adminis- ^ccounu 
 trator has been able to ascertain same, of all per- 
 sonal estate and effects of intestate, for or in respect 
 of which a grant of administration has been made, 
 exclusive of what he may have been possessed of or 
 entitled to as a trustee, and not beneficially. Gross 
 value thereof altogether is £ .
 
 148 
 
 ADMINISTRATIONS. 
 
 Account No. 1. 
 
 (1) Proprietary shares or deben- 
 
 tures of public companies, 
 viz. : — Five original shares, 
 numbered respectively (Nos.) 
 in Loan and Discount 
 Company, Limited ; regis 
 tered office, street 
 
 (2) Dividends or interest thereon 
 
 to date of grant 
 
 (3) Cash in house and at bankers.. 
 
 (4) Household goods, linen, wear^ 
 
 ing apparel, books, plate 
 jewels, horses, &c., valued at 
 
 (5) Leasehold property, viz., vide 
 
 particulars and valuation of 
 Mr. , licensed valuer, 
 
 dated, &c. : — 
 
 Lot 1. — Three double cottages, and 
 a cellar occupied as a dwelling-house, 
 numbered 2, 3, 4, and 5, in 
 street, adjacent to the Inn, 
 
 Gross 
 £ 
 
 Contents 
 
 square 
 
 tenure, 
 
 from 
 
 Gross annual rent, £ 
 tioned yearly ground rent, £ 
 
 of land, superficial 
 
 yards or thereabouts 
 leasehold for years 
 
 appor- 
 
 Lot 2.- 
 
 -Two messuages. 
 
 numbered 
 
 and a plot of vacant land (containing 
 superficial square yards or there- 
 abouts) at the back thereof, whereon 
 six single messuages could be erected. 
 
 £ 
 
 value. 
 
 s. d.
 
 ADMINISTRATIONS. 
 
 Account No. 1 (continued). 
 
 Plans have already been passed by the 
 Local Authority on the old scale of 
 building, under which the inner walls 
 need not exceed four and a half inches 
 in thickness. 
 
 The plot of land on which the said 
 two messuages are built has a 
 capital frontage of feet 
 inches, and runs in depth back- 
 wards feet. 
 Total contents of this and vacant 
 land, superficial square yards 
 or thereabouts ; tenure, leasehold 
 for years (excepting last 10 
 days), from 
 Apportioned yearly ground rent, 
 £ ; gross annual rent, £ 
 
 Lot 3. — Four leasehold double cot- 
 tages, numbered 14 and 16, 
 street, and 6 and 8, off street, 
 
 ; together with seven 
 single cottages, numbered 10, 12, and 
 18, street, and numbers 1 and 
 
 2 in yard, and 2 and 4, off 
 street. 
 
 Contents of land, superficial 
 
 square yards. 
 
 Annual ground rent, £ 
 
 Tenure, leasehold for years 
 
 from 
 
 Gross annual rental, £ 
 
 Lot 4. — The lessee's interest, under 
 a lease of 21 years, fi^om 
 at an annual rent of £ , of a ware- 
 house, two cottages, and one shop and 
 
 140 
 
 Gross value. 
 £ s. d.
 
 150 
 
 ADMINISTRATIONS. 
 
 rent, 
 
 Account No. 1 (continued). 
 
 dwelling-liouse, numbered 2, 4, and 13, 
 row, J Wigan. 
 
 G-ross annual rental, £ 
 
 Lot 5. — Seven double leasehold cot- 
 tages, numbered 49, 51, 53, 55, and 
 57, street ; and 1 and 3, 
 
 terrace, off street, Wigan. 
 
 Apportioned annual ground 
 
 £ Grross annual rental, £ 
 
 Lot 6. — A leasehold provision shop 
 (with out-door license attached) and 
 four double dwelling-houses, num- 
 bered 59, 61, 63, and 65, street, 
 slaughter-house adjacent, and a plot 
 of vacant land, whereon four substan- 
 tial dwelling-houses could be erected. 
 
 Apportioned annual ground rent, 
 £ ; gross annual rental, £ 
 
 Lots 5 and 6 are leasehold for 999 
 years, from , except last ten days. 
 
 (6) Rents of real or leasehold pro- 
 
 perty due at death of deceased 
 
 (7) Rents of leasehold property due 
 
 since death of deceased to day 
 
 of grant 
 
 Money out on mortgage and 
 
 other securities 
 
 Interest thereon to date of grant 
 
 ( days at 5 per cent.) 
 
 Book debts 
 
 (11) Groodwill, stock-in-trade, &c., 
 
 sold for 
 
 Gross value. 
 
 £ s. d. 
 
 (8) 
 
 (9) 
 
 (10) 
 
 Total. 
 
 The above schedule of leaseholds will be found to be a very concise form tor 
 advertisement of sale, for posting purposes, or insertion in papers.
 
 ADMINISTRATIONS. 151 
 
 Part 1 , containing a true and particular list or ^cheduie of 
 accounts of debts due and owing from the deceased ^ntes'tate. 
 at time of his death to persons resident within 
 United Kingdom, four columns, viz., (1 ) No. 2, Names 
 and addresses of the several creditors to whom same 
 are respectively due. (3) Description of debt (this 
 should include date, and short particulars of any 
 mortgage, bond, or other security for debt), e.g. 
 
 (1) Goods sold and delivered (date), or between 
 
 and (insert dates). 
 
 (2) Balance of account for packages. 
 
 (3) Proportion of ground rent of leasehold land 
 
 at , in County of Lancaster, for 
 
 half-year to June 24th, 1886. 
 
 (4) Commission. 
 
 (5) Work and labour done, and materials found 
 
 and provided, between (dates). 
 
 (6) Value of unreturned empties. 
 
 (7) Premium for renewal of insurance of £ 
 
 by fire policy, No. , for one year from 
 
 Midsummer, 1886, to Midsummer, 1887. 
 
 (8) Medicine and professional attendance between 
 
 (dates). 
 
 (9) Greneral District Rate for Borough of 
 
 due on demand, made May 13th, 1886, after 
 rate of 3s. 6d. in £. Rateable value, £ 
 Assessment, £ 
 
 (10) Amount due under intestate's bond, dated, 
 
 &c. 
 
 This schedule will be found serviceable to executors' solicitor in filling up 
 particulars of debts owing by a testator, or an intestate in affidavits, for grant 
 of iJrobate, or briefs of administration, where a deduction of debts is claimed, 
 pursuant to statute.
 
 152 ADMINISTRATIONS. 
 
 (11) Principal (£ ) and interest owing by 
 
 intestate under an equitable deposit of a 
 mortgage of the equity of redemption of 
 L. M., of (address and occupation), of and 
 in a leasehold plot of land, messuages or 
 dwelling-houses and shop and premises 
 thereon, situate at aforesaid, for 
 
 securing £120 and interest, after rate of 
 £5 per cent, per annum. 
 
 (12) Principal and interest due from intestate, 
 
 under a memorandum of deposit, dated, &c., 
 of the deeds relating to a leasehold plot of 
 land and dwelling-houses erected thereon, 
 situate in and fronting to Road, &c., 
 
 held for residue of a term of 999 years, 
 subject to yearly ground rent of £ 
 
 (13) Principal under an I U for £ , dated, 
 
 &c., and interest after rate of £5 per cent, 
 per annum. 
 
 (14) Professional services rendered to, and money 
 
 paid, on behalf of intestate. 
 
 (15) Proportion of ground rent payable in respect 
 
 of leasehold property held for residue of a 
 term of years, at from last to 
 
 (days). 
 
 (16) Annual (or apportioned) ground rent £ 
 
 less tax. 
 
 The said debts are payable by law out of the 
 
 personal estate and effects comprised in account 
 
 No. 1, and are not, nor are any of them voluntary 
 
 debts made payable on intestate's death, or voluntary
 
 ADMINISTRATIONS . 153 
 
 debts payable under some instrument deb'vered to 
 donee thereof within three months before intestate's 
 death, or debts which are primarily payable out of 
 any real estate belonging to intestate, or debts in 
 respect whereof a reimbursement is capable of beino- 
 claimed from such real estate, or from any other 
 estate or person whatsoever. 
 
 4. — The aggregate amount of said debts and 
 funeral expenses is £ , which being deducted 
 from value of personal estate and effects, as specified 
 in account No. 1 to administrator's affidavit for 
 Commissioners of Inland Revenue, reduced such 
 value for purpose of charge of administration duty 
 thereon to £ 
 
 Part 2, containing an account of intestate's funeral 
 expenses. 
 
 Deceased had no personal estate and effects 
 situate abroad. 
 
 Deceased had no personal or moveable estate and 
 effects within United Kingdom, other than and 
 except personal estate and effects, particulars and 
 value whereof are contained in said account No. 1 . 
 
 5. — As the estate could not (in consequence of its Payment of 
 
 . Intestate's 
 
 magnitude, and the many complicated circumstances ^*^^^''- 
 wherewith it was surrounded) be fully realised for 
 a considerable time, and, under these circumstances 
 there being no available funds for payment of 
 intestate's accounts before expiration of usual period 
 (12 months) allowed for payment thereof, and as 
 administrator did not wish to defer payment until 
 then, provided creditors would allow a liberal 
 
 19
 
 164 ADMINISTRATIONS. 
 
 discount (10 per cent.) for cash forthwith, payable 
 (if he found it worth while to avail himself of any 
 abatement they might be pleased to make) out of his 
 own funds, and he to be recouped out of first 
 available assets, to enable him to close intestate's 
 aifairs as far as practicable, the administrator 
 consulted me with reference to outstanding trade 
 accounts owing by intestate at date of his decease, 
 and instructed me to lay before his creditors the 
 facts relative thereto, and said proposal was 
 submitted for their consideration. I accordingly 
 addressed a circular letter to each creditor (without 
 prejudice) detailing the facts, and asking them to 
 inform me, at their early convenience, of their 
 decision respecting same. 
 
 nary Nego- ^- — ^^ ordcr to satisfy himself as to the weekly 
 saii°oT ""^ returns arising from the said business, I took the 
 
 Intestate's 
 
 thTouira precaution (by letter) to require purchaser : — (1) to 
 Agent. '^ go through, and fully examine intestate's account 
 books, in order to satisfy himself as to correctness 
 or otherwise of representations made concerning 
 same ; and, (2) to sign a memorandum of such 
 examination, admitting that he was perfectly satisfied 
 therewith. 
 
 intesfate's '^ • — Aftcr Satisfying himself as to said returns, 
 sp^'e'cTaf^' purchaser agreed with said agent to take business 
 
 course i o o 
 
 thCTeol^ and premises on following terms, viz. : — (1) Stock and 
 fixtures at a fair valuation ; (2) rent £ per 
 
 annum, on lease for years, first year at £ 
 
 and remainder of term £ per annum, provided 
 
 his solicitor approved draft of proposed lease.
 
 ADMINISTRATIONS. 155 
 
 Deposit paid, £10 per cent, on purchase money, special, 
 subject to negotiations terminating satisfactorily. 
 Transfer agent required this deposit to secure 
 himself against loss in event of vendor and purchaser 
 carrying out bargain without his aid. Usual course 
 to pursue, and one adopted in this case, is for 
 purchaser to pay a sum approximate to value into 
 a joint-stock bank, on deposit, in joint names of 
 either vendor and purchaser, or some other two 
 persons appointed to represent them, and then he 
 takes possession of business from the date of 
 commencement of stock-taking, allowing to vendor 
 cost price of any goods sold that have not been 
 valued. 
 
 8. — Agreement signed by said administrator to Agreement 
 
 O n J lor Sale. 
 
 sell to said purchaser stock-in-trade and fixtures, [^fu4uues 
 and to efrant a lease of said premises for a termpieniucs; 
 
 *-• ■•• Covenants 
 
 of years, subject to lessees' power to determine *^""''" 
 
 same at end of years. 
 
 9. — Valuer commenced stock-taking V4?^''i°?„ 
 
 O of Stock, &c. 
 
 . Valuation £ 
 10. — Copy inventory and valuation sent to 
 purchaser for perusal. 
 
 11. — Purchaser paid amount of valuation payable Pfy'^em 
 
 i IT ./ of .\niouut, 
 
 by him for scheduled effects and stock-in-trade, and otx^iul^^ 
 
 . . , . T 1 • .\ccount. 
 
 orignial inventory and valuation were thereupon 
 delivered up to him, and his receipt on copy 
 obtained. 
 
 Valuer's account was — (1) £ for class 
 
 return railway fares from London to AVigan, for
 
 156 ADMINISTRATIONS. 
 
 himself and stock-taker. (2) Inventory £1 Is. 
 (3) Stamp thereon £1. (4) Commission on sale of 
 business £ . (5) Valuation fee £ 
 
 Lease of 12. — Said admlulstrator demised said premises 
 
 Intestate's 
 
 PremisS; uuto purcliascr for years, from day of 
 
 Covenants . , , -i , • i i j i i 
 
 therein. mstaut, determmaoie nevertheless as 
 
 hereinafter mentioned. Yearly rent £ for 
 
 first year ; yearly rent £ for each succeeding 
 
 year thereof, clear of all deductions, (except property 
 or income tax) payable half-yearly on (dates). 
 
 Lessees' Covenants : — (1) To pay rent, rates, and 
 taxes. (2) To carry on upon said premises business 
 of a chemist and druggist, or other trade or business 
 of a similar character, and not to carry on, or permit 
 to be carried on thereon, any other trade or business 
 whatsoever, nor occupy, or use, or permit same to 
 be occupied or used in any other manner, or for any 
 other purpose. (3) Not to commit waste. (4) To 
 keep premises in repair, and deliver up same in 
 repair at end of term. (5) To paint inside every 
 years. (6) To permit lessor to enter to view 
 state of premises, and to repair after notice of 
 defects. (7) To insure in joint names of lessor and 
 lessee, to pay premiums, &c., and produce policy and 
 receipts for premiums, to lay out insurance money in 
 re-building, and, if insufficient, to make up deficiency. 
 (8) Not to assign or underlet without lessors' consent, 
 but same not to be unreasonably withheld. (9) 
 Power of re-entry for non-payment of rent, or breach 
 of covenants. (10) Power to lessee to determine
 
 ADMINISTRATIONS. 1^7 
 
 lease at end of 7 or 14 years. (11) Proviso that 
 rent shall be suspended, in case of destruction l)y 
 fire. 
 
 Lessor's Covenants : — (1) To repair outside of 
 said premises. (2) For quiet enjoyment by lessee. 
 
 Assign- 
 ment ol 
 said Lease. 
 
 13. — Said lessee subsequently aofreed to sell hismentof 
 interest as such under said lease to , and said 
 
 lessor consented to assignment, testified by his 
 execution thereof. 
 
 14. — By lease made between R. L. of one part, rropeny^ 
 and said intestate of other part, all that plot of intestate. 
 
 i ' •■■ and bur- 
 
 land situate in , and containing superficial l^^h^^n 
 
 -, 1 T / • T onerous 
 
 square yards, or thereabouts, (exceptnig and reserv- g^j^^^^s^ 
 ing all mines and minerals, with powers and liberties 
 of working and getting same therein particularly 
 mentioned) was demised unto said intestate, his 
 executors, administrators, and assigns for a term of 
 999 years from (date), subject nevertheless to all 
 existing leases, and agreements for leases of mines 
 and minerals lying under said premises and any 
 adjoining lands, and to exercise by reversioners of 
 powers and liberties thereinbefore reserved, at clear 
 yearly rent of £ , by equal half-yearly payments. 
 Intestate thereby covenanted for himself, his heirs, 
 executors, administrators, and assigns, within five 
 years from date thereof, to erect and finish in a 
 substantial and workmanlike manner, upon said 
 land, upon a site, and according to plans, elevations, 
 and specifications to be first approved of in writing
 
 158 ADMINISTEATIONS. 
 
 by, and to satisfaction of reversioner, or his agent, 
 one or more dwelling-liouse, or dwelling-liouses, or 
 other buildings, to be built of good, sound, and 
 proper materials of their respective kinds, with 
 proper boundary walls thereto, and to expend in 
 so doing at least £ 
 
 Attempted i^ — lutcstate dlcd before expiration of term 
 private ^'^ limited for performance of said buildins^ covenant. 
 
 Treaty. ^ , ,. . . 
 
 and on this date lessor s solicitors applied to his 
 administrator to carry out same without further 
 delay. Strenuous and repeated efforts have been 
 made to dispose of lessee's interest under said lease 
 (with lessor's consent) by private treaty, but same 
 have been abortive, and, under these circumstances, 
 said leasehold will have to be kept in hand until an 
 opportunity for sale presents itself. 
 
 Attempted 16. — Said IcaselioMs were offered for sale by 
 
 Sale of 
 
 Leasehold^ auctloii Oil tliis date, in lots mentioned in said 
 ofvisLTof schedule of leaseholds, but as offers then made did 
 
 Rents. 
 
 not reach reserves fixed, same were withdrawn, 
 and rents thereof have since been collected by ]\Ir. 
 , as agent for, and on behalf of, said 
 administrator. Pending sale of said leaseholds 
 half-yearly accounts will be rendered by said agent, 
 and balances divided in due course afterwards in 
 proportions to which next of kin are severally 
 entitled under statute for distribution of intestate's 
 estates.
 
 ADMINISTRATIONS. 159 
 
 17. — The administrator has a year from the ^f,^^^^i*|J„ 
 intestate's death a discretionary power as to Kin to 
 realisation of estate, (that time always being allowed e^,1p°\;,er. 
 for winding- up same), and it would be very postpone 
 
 O r y^ •/ ya,le of 8aid 
 
 disadvantageous to next-of-kin if said leaseholds Jf there/n'* 
 
 Of 1 c ir» •111 "1 nienlioued. 
 
 were again onered tor sale tor a considerable period. 
 It is believed that much larger prices will hereafter 
 be realised if sale and • conversion of estate is 
 postponed beyond the year, until, in administrator's 
 uncontrolled discretion, a favourable opportunity 
 should arise for realisation thereof, he dividing in 
 the meantime, as aforesaid, net rents and profits of 
 said leaseholds remaining unsold, and having, until 
 such sale and realisation all such powers as are 
 incidental to an administration. The deed of direc- 
 tion duly executed by beneficiaries authorised the 
 administrator to postpone said sale and realisation. 
 
 SOLICITOR'S REPORT 
 
 To Intestate's Heir-at-Law in preceding Case. 
 
 The intestate died seized of the following freehold soH^itorjs 
 property, viz. :— (1) All that plot, piece, or ISf"' 
 
 parcel of land situate in and fronting to liase^^'"^ 
 
 aforesaid, and commonly known as " 
 And also all and singular those twenty several
 
 160 
 
 ADMINISTRATIONS. 
 
 messuages, cottages, or dwelling-houses and other 
 
 erections and buildings thereon erected. Weekly 
 
 rentals £ 
 
 £ s. d. 
 Total deductions (as specified in 
 
 succession account) 
 
 Total gross annual value 
 
 Total annual value of deductions . 
 
 Net annual value £ 
 
 (2) All that plot of land situate and fronting to 
 Market Place, in Borough of aforesaid, 
 
 together with three shops and appurtenances erected 
 thereon, and numbered 11, 13, and 15, respectively 
 occupied by (tenants' names). Gross rental, or 
 annual value, £ . One shop is let at a 
 
 yearly rental of £ , another at £ , and 
 
 another (formerly occupied by intestate) was leased 
 as aforesaid on (date) to Mr. , for a term of 
 
 years, subject to lessee's right to determine same at 
 end of first seven years, at a yearly rental of £ 
 for the first year, and £ for second and every 
 
 subsequent year. 
 
 There is a small shop adjoining worth about 
 £ per annum when let, but it has been 
 
 untenanted since last. 
 
 Said premises are assessed at £ in respect 
 
 of property tax payable on account thereof, as 
 appears by certificate of assessment of local surveyor
 
 ADMINISTRATIONS. 161 
 
 of taxes annexed to succession account, whicli latter, 
 delivered on your behalf as successor, was assessed 
 on tins date by Commissioners of Inland Revenue at 
 £ , duty on this sum being at rate of 
 
 per cent., which was duly paid on last. 
 
 20
 
 ADMINISTRATIONS. 
 
 No. 2. 
 
 Schedule of Particulars. 
 
 1. — Intestate's Next-of-Kin. 
 
 2. — Personal Estate Account. 
 
 3. — Advertisement for alleged Missing Will. 
 
 4. — Application for Grant of Letters of Adminis- 
 tration by three of his Sons. 
 
 5. — Caveat entered against G-rant by his eldest 
 Son. 
 
 6. — Warning issued on behalf of Administrators. 
 
 7. — Appearance thereto by Plaintiff. 
 
 8. — Case for Counsel's Opinion, and Opinion 
 thereon. 
 
 9. — Defendants' Summons to discontinue Proceed- 
 ings, and for Grant. 
 10. — Grounds of Objection to Plaintiff as Adminis- 
 trator.
 
 SCHEDULE. 163 
 
 11. — DiscoTitinnance of Caveat Proceedings. 
 
 12. — Grant of Letters. 
 
 13. — Production thereof to Intestate's Bankers. 
 
 14. — Statutory Notice to Creditors. 
 
 15. — Advances to eldest Son during Intestate's life- 
 time. 
 
 16. — Circumstances preventing a Final Distribution 
 of Intestate's Residuary Personal Estate.
 
 ADMINISTRATIONS 
 
 Ee , DECEASED. 
 
 ADMINISTRATOES' SOLICITOR'S INTER- 
 MEDIATE REPORT 
 
 To NEXT-or-KiN op Intestate eespecting Manage- 
 ment OF his Residuary Personal Estate, 
 pending the ultimate Realisation and Distri- 
 bution thereof. 
 
 Ein, 
 
 Intestate's 1. — Said iiitestate died on this date, a widower, 
 
 Next-of- 
 
 leaving the following natural and lawful children 
 and next-of-kin surviving him, viz. : — (1) Robert, 
 his eldest son ; (2) Roger, (3) Philip, (4) Harold, 
 (5) William, (6) Amos, (7) Joseph, and (8) Mary. 
 The two latter are infants.
 
 ADMINISTRATIONS. 
 
 165 
 
 2. — Following is a true account of particulars EHtat"^' 
 and present value, &c. The gross value thereof^""""'' 
 altogether is £ . £ s. d. 
 
 (1) Cash in house 
 
 (2) Cash at bankers on deposit ... 
 
 (3) Money out on mortgage 
 
 (4) Book debts 
 
 (5) Household goods, &c., unsold, 
 
 valued at 
 
 (6) Stock-in-trade, unsold, valued^ 
 
 at 
 
 (7) Rents of intestate's real estate 
 
 due prior to death, but not 
 received by him, estimated at' 
 
 Aggregate amount of intestate's debts and funeral 
 expenses is £ , which, being deducted from 
 
 value of personal estate before specified, reduces 
 such value to £ 
 
 3. — It being supposed that deceased had made a 
 will (which could not be found) in or about (date), 
 and was believed to have been prepared by either a 
 Manchester or Liverpool solicitor, an advertisement 
 was inserted in (name papers) containing formal 
 notice thereof, and that if such was the fact, and 
 same was in the custody of any solicitor practising 
 there, he would oblige by forthwith communicating 
 with us. There were, however, no replies to said 
 advertisements. 
 
 Advertise- 
 ment for 
 alleged 
 missing 
 WiU.
 
 166 ADMINISTEATIONS. 
 
 Application 4, — ^t the desiPG of all the members of the family, 
 Admlnls-* except intestate's eldest son, three of the other sons, 
 
 tration by rv t • p 
 
 hissons '^os. 2, 3, and 4, were sworn to their affidavits for 
 required grant on this date, which, together with 
 usual administration bond, were lodged by me in 
 District Registry attached to Probate Division of 
 Her Majesty's High Court of Justice at , 
 
 to enable them to obtain said grant forthwith, and 
 thereafter carry on intestate's business, and arrange 
 as to winding up his affairs, but on 
 
 Caveat 5. — A cavcat "was entered bv' said R. B. against 
 
 entered 
 
 G^rtSfbyhisS^^^^ by Mcssrs. , as agents for Messrs. 
 
 eldest Son. ^ ^^ ^j^^^ towu, his solicitors, and on 
 
 Warning 6. — A wamiug tliercto was issued by my London 
 
 issued on 
 
 Admiiistra- ^gGiit ou behalf of administrators, to which 
 
 tors. 
 
 Appear- '^ ' — Plaintiff entered an appearance. In con- 
 
 ance there- pi t t 
 
 piamtifl sequence oi the complicated state oi the matter, 
 consequent upon the action taken by the said R. B., 
 
 Case for 8. — A casc. Containing all the facts connected 
 
 Counsel's •!• jpp- i-tp •• 
 
 Opinion, With mtcstatc s aftairs, was submitted tor opinion of 
 the"eon. couuscl, wlio adviscd, in effect, as follows, upon the 
 various points contained therein, viz. : — (1) That it 
 was not a case for an action, as there was no issue 
 to try. (2) There was no contention concerning 
 priority of relationship of respective applicants to 
 intestate, as they were all in an equal degree of 
 relationship, namely, sons and daughters, (3) 
 That selection of an administrator was a question 
 for vacation registrar's discretion, as question arose
 
 ADMINISTRATIONS. 1G7 
 
 in vacation. (4) Question became one of fitness ; 
 and, (5) promptness in deciding this was vital to 
 interests of all concerned in carrying on intestate's 
 business. 
 
 9. — A summons was issued (as advised by counsel) ^1!™^*^ 
 on behalf of administrators, as defendants in said tinue Pro- 
 
 ceediiiRS, 
 
 action, calling upon plaintiff to attend the vacation ^"rauf 
 registrar, at principal registry, on (date), to show 
 cause why contentious proceedings therein, arising 
 from said caveat, should not be discontinued, and 
 why letters of administration of intestate's personal 
 estate and effects should not be granted to defend- 
 ants if entitled thereto. Following 
 
 10. — Grounds of objection to plaintiff as adminis- g^?°p"^fj^,f^ 
 trator were relied upon, viz. : — That he had had no asAdminu- 
 
 , , trator. 
 
 experience in the management of said mtestate s 
 works, and it was most important in interest of 
 estate that a person or persons fully conversant 
 with business should be appointed to carry it on 
 and administer his affairs. Said had acted 
 
 as cashier for said intestate for a period of 
 years, and during same period had been fully con- 
 versant with all his business transactions, and 
 acquired a complete knowledge thereof. 
 
 11. — Said plaintiff having decided to abandon all oiscontmu- 
 further opposition to said grant, upon this date, ceei^ga!'^ 
 upon hearing solicitors for plaintiff and defendants, 
 and by consent, registrar ordered that said conten- 
 tious proceedings be discontinued, and that letters
 
 168 ADMINISTRATIONS. 
 
 of administration be granted to said applicants 
 accordingly. 
 
 Grant of 12. — Lottcrs of administration, &c. were granted 
 (by registrar's order) by said registry. 
 
 Production 13. — Same were produced to intestate's bankers 
 
 thereof to _ ■"■ 
 
 B^nkers^^ on transfer of his account into names of said 
 administrators. 
 
 statutory 14. — A uotico was inscrtcd in (paper) requiring 
 Creditors. ^-^^ persous liaviug any claims against intestate's 
 estate to forthwith send particulars thereof to us, 
 as solicitors to administrators, and in due course 
 claims amounting to £ were received, and 
 
 have since been duly discharged. 
 
 Advances 15. — ^Whcrc positivc proof can be adduced that 
 
 to eldest 
 
 i°tJ^^t^l any child has been advanced in life, sum he has 
 received may be rightly deducted from his share of 
 personalty, under section 5 of Statute of Distribu- 
 tions, &c. In this case said R. B. had been from 
 time to time advanced large sums of money by 
 intestate, amounting in aggregate to £ 
 or thereabouts. 
 
 circum- 16. — The intestate's business is being" carried on 
 
 stances pre- *-' 
 
 flnai'dfstri- by two of his sons, as managers and receivers thereof 
 Intestate's by mutual arrangement, pending a suitable oppor- 
 ElWtT^ tunity for a beneficial realisation thereof. When 
 this has been done, a final report will be rendered 
 containing full particulars of administrators' dealings 
 with estate up to and including distribution thereof, 
 and investment of shares of intestate's infant 
 children.
 
 ADMINISTRATIONS. 
 
 No. 3. 
 
 Schedule of Particulars. 
 
 1 to 6. — Personal Estate Account. 
 7. — Grrant of Letters of Administration. 
 8. — Special circumstances connected with Intes- 
 tate's Book Debts. 
 9, 10. — Statutory Notice to Creditors. Accounts 
 received in pursuance thereof. 
 11, 12. — Sales by Administratrix of Stock-in-Trade. 
 13. — Proposed (but unexecuted) Settlement, vesting 
 two-thirds of Estate in Trustees, for benefit 
 of Children. Counsel's Opinion thereon. 
 14 to 17. — Insurance of Leaseholds. 
 18. — Writs, issued for Recovery of Outstanding 
 
 Debts. 
 19, 20, 21. — Mortgage of Equity of Redemption of 
 Leaseholds, executed by a Debtor against 
 whom Writ issued, and final Judgment 
 thereunder afterwards obtained. 
 22, 23. — Compromises with Defendants. 
 
 21
 
 ADMINISTRATIONS. 
 
 Memorandum. — In tlie case to wliicli following 
 report refers, author was entrusted with entire 
 management of affairs of intestate (a wholesale 
 butcher), which were of a very complicated character, 
 on behalf of administratrix, and her infant children, 
 and when same had been finally settled he rendered 
 to them said report, so that practically the informa- 
 tion respecting said affairs contained therein would 
 be identical with, and as ample as that possessed by 
 himself, both as regards special circumstances con- 
 nected therewith, and amounts received and paid 
 on account of the estate. 
 
 Re a. B., deceased. 
 
 ExPARTE , Administratrix of Intestate's 
 
 Personal Estate. 
 
 SOLICITOR'S REPORT 
 
 As to his Management and Realisation of Intes- 
 tate's Estate on behalf of Administratrix. 
 
 Intestate's Intcstatc died, leavino^ Mrs. A. B., his lawful 
 
 Death, leav- ' ° ' 
 
 mfnfstra- widow aud rclict, and three infant children surviv- 
 threein- jng. Hc was thcu posscsscd of following property, 
 viz. : —
 
 ADMINISTRATIONS. 171 
 
 1. — Furniture, and stock-in-trade, &c., afterwards rcrsonai 
 sold for £ , excluding a portion of furniture ^'^'="""'' 
 
 retained by, and now in possession of administratrix. 
 
 2. — A large number of book debts, on account 
 of "which I have received the sum of £ , as 
 
 per detailed particulars delivered to, and now in 
 possession, or under control of administratrix, for 
 examination and approval. 
 
 3. — A plot of land, with ten cottages, &c., thereon 
 (one of which is used as a shop), situate at (place), 
 held for residue of a term of 999 years, subject to a 
 yearly ground rent of £ , valued for purpose 
 
 of residuary account, submitted to Commissioners 
 of Inland Revenue, at £ 
 
 4. — A plot of land, with five messuages thereon, 
 situate in, &c., held for residue of a term of 
 999 years, at a yearly ground rent of £ , 
 
 valued for purpose aforesaid at £ 
 
 5. — A policy of assurance, No. , on his Hfe, 
 for £ , in Life Assurance Company, 
 
 subject to a yearly premium of £ 
 
 6. — Mr. 0., valuer, Wigan, valued intestate's 
 household furniture, stock-in-trade, vehicles, &c., 
 for purpose of administration, at £ 
 
 tration. 
 
 7. — Letters of administration of his personal ^|tt^«^°f 
 estate were granted by Her Majesty's High Court 
 of Justice, at District Registry, attached to Probate
 
 172 ADMINISTRATIONS. 
 
 Division thereof at , to A. B., as lawful widow 
 
 and relict of said intestate. Personal estate sworn 
 under £ . Stamp duty £ 
 
 Special cir- 8. — lutostate appears to have had a very extensive 
 
 cumstauces 
 
 withinfei business connection, and at date of his decease, 
 Debt's.^"" there were a large number of book debts owing to 
 his estate, amounting in aggregate to £ . His 
 
 wholesale customers appear to have had pass books 
 delivered to them at commencement of their trading, 
 wherein deceased entered detailed particulars of 
 meat supplied to them. Several of his customers 
 had contracted very large accounts, and been in 
 habit of paying same by instalments. All the books 
 were in intestate's handwriting, so far as they were 
 posted up at time of his death. His account books, 
 and the customers' pass books, were very much in 
 arrear at his death, to such an extent, in fact, that 
 when taken possession of by me I found it neces- 
 sary to instruct an accountant to post up (1) Cash 
 book, (2) Day book, and, (3) Ledger, and make out 
 accounts owing to estate, and he was constantly 
 engaged in balancing, posting up said books, and 
 making out said accounts, for days, ending on 
 (date). 
 
 To enable me to realise (as far as practicable) 
 outstanding book debts, it was necessary to deliver 
 up pass books to the several customers for 
 inspection. 
 
 Statutory 9. — Pursuaut, &c., " Noticc was sfiven (and 
 
 Notice to ' ' o \ 
 
 Accounts; advertised in " London Gazette," of (date), 
 
 rGCGivGd. in 
 
 pursuance " Livcrpool Mcrcury," (date), and " Wigan
 
 ADMINISTRATIONS. 173 
 
 Observer," and " Examiner,") that all persons 
 having any claims or demands against or affecting 
 said estate were thereby required to send to me 
 particulars in writing of their respective claims 
 and demands, &c." 
 
 10. — Pursuant to said advertisement, accounts schedule of 
 
 Payments. 
 
 included in schedule of payments sent herewith 
 were received in due course. 
 
 11. — Administratrix sold to Mr. certain saies by 
 
 Adniims- 
 
 articles enumerated in valuation, marked "A," for si');ck4u-^ 
 
 Trade. 
 
 £ 
 
 12. — Mr. sold residue of intestate's stock, 
 
 &c., by public auction. Amount realised, £ 
 Payments, £ . Balance, £ , as appears 
 
 by sale account, marked " B." 
 
 13. — Counsel was instructed to draw a settlement, Proposed 
 
 (but un- 
 
 vesting intestate's estate in trustees, and in doing setuement. 
 so he advised (in effect) as follows : — two-tlfirds 
 
 ^ ^ of Estate in 
 
 " One-third of property beloup's to widow, and beni-tit'^of" 
 
 i- i^ -^ O 5 Children. 
 
 " remaining two-thirds to children. Widow may Sp"^on* 
 " settle her one-third, but no valid settlement can 
 " properly be made of two-thirds ; they should 
 " remain in possession of administratrix, in trust 
 " for children. Court will not appoint trustees for 
 " children. If estate is administered by Court, 
 " personalty will be sold, debts paid, and residue 
 " put into consols, and retained in Court until 
 " children come of age." Proposed settlement,
 
 174 ADMINISTRATIONS. 
 
 although drawn, was never executed, counsel 
 advising further : — (1) " That administratrix had 
 " no real power to make it, and hence trustees 
 " would not have power to sell leaseholds, and, (2) 
 " That settlement could not be maintained unless 
 " she sold them and handed over proceeds to 
 " trustees." 
 
 Insurance 14. — Bv leaso, datcd (date) made between 
 
 of Iiites- "^ ' ^ / 
 
 Leaseholds, o^ 0^16 part, aud said of other part, 
 
 he having . , ,. , . i f i • i • 
 
 failed to said tor himseli, his heirs, executors. 
 
 Insure, pur- 
 
 civenlnt. admiuistrators, and assigns, covenanted (amongst 
 other things) to insure premises, to be erected 
 pursuant thereto, in two-thirds at least of full 
 value thereof, and, when thereunto requested, to 
 produce to lessor, receipts for premiums of such 
 insurance, and in case of damage by fire (with all 
 convenient speed) to lay out money to be received 
 on account thereof, and such other of his, and their 
 own moneys as might be necessary, for substantially 
 re-building, repairing, and re-instating all such 
 buildings as should have been destroyed or damaged. 
 
 15. — Lease, dated , made between 
 
 of one part, and of other part, contains a 
 
 similar covenant to insure, &c. 
 
 16. — Pursuant to said covenants, and upon instruc- 
 tions of administratrix, I insured said leaseholds by 
 Policies No. in Fire Office, in several sums 
 
 of £ and £ , at annual premiums of £
 
 ADMINISTRATIONS. 175 
 
 17. — On (date), (as appears by a memorandum 
 endorsed thereon), interest in policies was transfer- 
 red to said administratrix. 
 
 18. — During course of collection of intestate's issued for 
 
 recovery of 
 
 outstanding: book debts, it became necessary to putstand- 
 
 o ' 'J lug Debts. 
 
 issue Writs of Summons out of District 
 
 Registry of Queen's Bench Division of High Court 
 of Justice, to recover amounts alleged to be due 
 from undermentioned debtors, viz. : — 
 
 (1) Date; (2) Defendants' names; (3) Amount l^Sfns^ 
 of claim; Solicitor's observations as to settlement ?°V°''''°^ 
 
 ' informa- 
 
 of action, or otherwise. *'°°' 
 
 19. — R. R's. claim. Said debtor admitted owing 
 £ , and by agreement of this date agreed to 
 
 pay same by monthly instalments of £ , up to, 
 
 and including (date). He paid £ on account, 
 
 leaving a balance of £ , for which on (date), 
 
 a writ was issued, and on (date), final judgment 
 on non-appearance was duly signed for said amount, 
 and £ taxed costs. 
 
 20. — Defendant executed a mortgage in favour Equity o;''^ 
 of administratrix, of his equity of redemption ofofLease- 
 
 and in leasehold messuages, situate in , nS'r!'^ ^^ 
 
 of which Mr. is first mortg-as-ee, under, and ?^'io"i '^^ " 
 
 O & ' ' issued, ant 
 
 rit 
 and 
 
 by virtue of a morte^asi-e, dated , to secure meythlre- 
 
 •^ t) o ' ^ »^ uiiifer after- 
 
 repayment of £ , and interest at £5 per cent. tate.°^' 
 
 per annum. 
 
 21. — In consequence of mortgagor's default, first 
 mortgagee entered into possession, and receipt of
 
 176 ADMINISTRATIONS. 
 
 rents and profits of said premises, and his agent's 
 account is open to inspection by, or on belialf of 
 administratrix as second mortgagee, at any time 
 she may wish same to be produced, to enable her 
 to see exactly how account stands. 
 
 compro- 22. — Administratrix v. claim, £ 
 
 mises with 
 
 (1) Writ issued, claim, £ , less contra 
 
 account for professional services rendered, 
 
 (2) Defendant's solicitor accepted service, and 
 
 undertook to enter an appearance thereto. 
 
 (3) Notice of appearance. 
 
 (4) Authority, signed by administratrix, to me 
 
 to accept £ , in settlement of debt 
 
 and costs. 
 
 (5) Settlement. 
 
 23.— D.'s claim, £ 
 
 (1) Writ issued. 
 
 (2) Action compromised, by acceptance of 
 
 £ , in settlement of debt and costs, 
 
 after a very careful investigation of 
 defendant's receipts with papers in my 
 possession. 
 
 (3) Original claim, £ , interest, £ , 
 
 costs of agreement intended to be signed 
 by defendant for payment by instalments, 
 but which he neglected to sign, £
 
 ADMINISTRATIONS. 177 
 
 The secretary of the said Company wrote intes- L"ff^^^^;* 
 tate some time prior to his death, as to the amount Life^*" 
 of bonus up to 31st December, 1875 ; according to ^T^^^for 
 letters the policy might be applied in any one of the fuum /""*!' 
 ways therein mentioned, and with regard to the 
 bonus, it was apportioned contingently, on the 
 assured living to pay his fourth annual premium, 
 vide secretary's letter of (date). The Company's 
 deed of settlement provides that no bonus shall be 
 payable on any policy which has not been enforced 
 for three complete years. Under these circum- 
 stances the intestate was not entitled to any bonus. 
 
 On this date, I delivered to administratrix the ^^ *» t"'« 
 
 ^ Deeds re- 
 
 title deeds relating to the intestate's leaseholds at intestate's 
 
 . ^ f \ Leaseholds. 
 
 , (vide her receipt therefor). 
 
 The title deeds relating to his leaseholds at 
 are still in my possession, and will be delivered up 
 to her on a final settlement of the intestate's affairs. 
 
 A schedule of all the papers connected with the schedule of 
 
 ^ ^ Estate 
 
 estate is hereto annexed, and latter can, if required, ^^p®"- 
 be inspected any time the administratrix may think 
 fit to appoint. 
 
 A schedule was delivered to the administratrix schedule of 
 
 Accounts 
 
 on this date, containing the following classified iTte° tate at 
 particulars, to enable her to see how the outstand- fmlciassifi- 
 ing debts had been dealt with, and the grounds or 
 obstacles rendering the collection of a large number 
 of them absolutely impossible (amounts being set 
 forth at end of each item), viz. : — 
 
 22 
 
 cation 
 thereof.
 
 178 ADMINISTRATIONS. 
 
 (1) Casli paid by debtors to administratrix. 
 
 (2) Accounts paid to me in full. 
 
 (3) Accounts from which deductions have been 
 
 made on account of (1) overcharges, and 
 (2) receipts produced by debtors for 
 amounts not credited by the deceased. 
 
 (4) Deceased debtors whose estates are insolvent 
 
 (5) Debtors who have paid by instalments. 
 
 (6) Debtors whose addresses are insufficient 
 
 and cannot be ascertained. 
 
 (7) Accounts disputed in toto. 
 
 (8) Accounts barred by the statute of limita- 
 
 tions. 
 
 (9) Accounts for which receipts have been 
 
 produced but not credited by deceased. 
 
 (10) Unsettled accounts returned through the 
 
 dead letter office. 
 
 (11) Debtors who have become bankrupt or 
 
 compounded with their creditors. 
 
 (12) Outstanding accounts requiring further 
 
 explanation. 
 
 Receipts The rcccipts on account of the estate, as per the 
 
 and Pay- ^ ■"■ 
 
 detailed particulars hereunto annexed marked "R," 
 amount to the sum of £ , and the payments, 
 detailed particulars of which are also hereunto 
 annexed marked " P," made by me for and on 
 behalf and at the request of the said administratrix, 
 amount to the sum of £ , leaving a balance of 
 £ in my hands, from which my bills of costs 
 have to be deducted. 
 
 raents.
 
 ADMINISTRATIONS. 
 
 179 
 
 Analysis op Intestate's Residuary Account, as comp- ^^^.^i'li^i^r"' 
 
 TROLLED BY THE COMMISSIONERS OF InLAND Re VENUE. 
 
 Re 
 
 DECEASED. 
 
 An account of intestate's personal estate : — 
 
 (1) Furniture, linen, china, books, pictures, 
 
 wearing apparel, ornaments, horses, 
 stock-in-trade (vide accounts left 
 herewith), sold for 
 
 (2) Life assurance policy 
 
 (3) Book and other debts 
 
 (4) Leaseholds, valued at 
 
 Total of property £ 
 
 Payments : — 
 
 ( 1 ) Administration, £ 
 
 (2) Funeral expenses, £ 
 
 (3) Expenses attending administration, £. . , 
 
 (4) Debts on simple contracts, rent, wages, 
 
 &c., due at the death of the deceased, 
 as per schedule annexed, £ 
 
 Net amount of property 
 
 Carried forward 
 
 To show the balance of cash, if any : — 
 
 ( 1 ) Money received, and property converted 
 
 into money 
 
 (2) Total payments 
 
 Cash account 
 
 Net amount of property brought forward ... 
 
 Accumulations of interest, dividends, rents,&c. : 
 
 (1) Rents of leaschokls, to date of accouiit. 
 
 (2) Interest at 4 percent, on X , being 
 
 said balance of cash in hand, to date 
 of this account 
 
 Total £ 
 
 Payments out of interest, &c 
 
 (1) Vide detailed statements of account 
 
 hereunto annexed. 
 
 (2) Net residue or balance £ 
 
 Deduct one-third of residue payable to widow, 
 not liable to duty 
 
 Residue on which duty is chargeable 
 
 .£1 per cent, upon residue, Assessment (date), 
 Receipt (date). £ 
 
 s. d.
 
 180 ADMINISTRATIONS. 
 
 Release of TliG monev valuG of the residuary personal estate 
 
 myself as 'J t/ i 
 
 idminis-*° now payable to you, the administratrix, is the sum 
 
 tratrix on . 
 
 fl°^i^ settle- of £ . Previous to my payment, I shall require 
 afifahs^'^ ^ you to examine, or have examined by an accountant 
 on your behalf, the detailed accounts before referred 
 to, showing the disposition and application of the 
 intestate's estate and the proceeds thereof, and of 
 the income thereof respectively, in order to satisfy 
 yourself as to the correctness thereof, after which 
 I shall require you to execute a deed releasing me 
 from all actions, claims, and demands whatsoever 
 for or in respect, or on account of the said personal 
 estate, and the profits and income thereof respec- 
 tively, (excepting the rents of the said leaseholds, 
 which have been collected by or on your behalf), 
 or any part or parts thereof respectively, or any 
 act, deed, matter, or thing whatsoever done or 
 omitted to be done by me, in, or about the adminis- 
 tration of the said estate, or in anywise relating to 
 the premises.
 
 EXECUTORSHIPS. 
 
 No. 16. 
 
 Following Report strictly should have come in at 
 end of Intermediate Reports. 
 
 Schedule op Particulaes. 
 
 1. — First Settlement under which Testator's Lease- 
 hold Property acquired. 
 
 2. — Second Settlement, &c. 
 
 3. — Appointment of new Trustees of first Settle- 
 ment in place of a deceased Trustee. 
 
 4.— Abstract of Will. 
 
 5. — Testator's Death and Probate of his Will. 
 
 6. — Personal Estate Account. 
 
 7.— Debts. 
 
 8. — Double Probate. 
 
 9. — Notice to Tenants of Settled Property of a new 
 Agent to collect Rents, &c.
 
 EXECUTORSHIPS. 
 
 Ee 
 
 DECEASED. 
 
 SOLICITOPt'S INTERMEDIATE REPORT 
 
 To Tenant foe Life and Residuary Legatees, as to 
 Executors' Management of Testator's Estate. 
 
 First 1. — By settlement, dated (date), and expressed 
 
 Settlement * -r> n 
 
 whtchTes- t^ ^® made between A. B., ot one part, and 
 Leasrfioid testator and M. B. of other part. After reciting 
 
 Property 
 
 acquired, (i^^ ^\^^i gai(j ^, g. ^as posscssed of premises 
 thereinafter described, and expressed to be thereby 
 assigned for residue of term of 999 years, therein- 
 after mentioned, subject to the rent reserved by, 
 and reservations, and lessee's covenants, and agree- 
 ments contained in lease thereinafter mentioned, 
 but free from all other incumbrances ; and (2) that 
 said A. B. was desirous of assuring and settling 
 same premises in manner thereinafter appearing,
 
 EXECUTORSHIPS. 183 
 
 It is witnessed that for effectuating said desire, 
 and in consideration of five shillings to said A. B. 
 paid by said testator and M. B. (receipt acknow- 
 ledged), said A. B. thereby assigned unto said 
 testator and M. B., their executors, administrators, 
 and assigns, all that one equal undivided moiety, 
 or half part, or share of said A. B., of and in all 
 that plot of land, &c. (copy parcels from lease 
 verbatim), and containing in the whole 
 superficial square yards, or thereabouts (be same 
 more or less), delineated in plan drawn upon, or in 
 margin of a certain demise or lease, dated (date), 
 and made between (parties), and therein edged lake, 
 (except and reserved as in said demise is mentioned). 
 And also of and in all those eight messuages, &c., 
 and all other buildings erected upon said described 
 plot of land, &c. To hold same (except and 
 reserved as aforesaid) unto testator and M. B., their 
 executors, administrators, and assigns, thenceforth 
 for residue of term of 999 years, granted therein by 
 said lease (subject nevertheless as in latter is 
 mentioned), and subject to payment of one moiety 
 only of yearly rent of £ , reserved by, and 
 
 reservations, lessee's covenants and conditions con- 
 tained in said lease, and henceforth to be per- 
 formed and observed by said A. B., his executors, 
 administrators, or assigns, in respect of thereby 
 assigned premises. 
 
 Declaration that said and survivor of 
 
 them, his executors, administrators, or assigns, or 
 other trustees, or trustee for time being, of said
 
 184 EXECUTORSHIPS. 
 
 settlement, should stand possessed of premises 
 thereinbefore assigned, upon trusts, and for intents 
 and purposes thereinafter declared concerning 
 same, that was to say (copy trusts in numbered 
 paragraphs in same manner as in abstract of will to 
 Report No. 7). 
 
 ieuiement 2' — ^J Settlement, dated (date), and expressed to 
 be made between said A. B. of one part, and said 
 testator and M. B. of other part, another moiety of 
 another leasehold plot of land, and the messuages, 
 and buildings thereon was settled upon the same 
 trusts as declared in the preceding case. 
 
 Appoint- 3. — By appointment, endorsed on first settlement, 
 teMor^' said testator, in pursuance and exercise of power 
 m'entin for that purDoso vested in him by ioint operation 
 
 place of a i r J J L 
 
 Tvllfet of 23 and 24 Yict., c. 145, and of said settlement, 
 and of all other powers (if any), him thereunto 
 enabling, appointed J. A. and B. Gr. trustees of 
 latter, in place of said M. B., deceased, and they 
 consented to be such trustees accordingly. 
 
 Will 
 
 Abstract of 4. — Bv liis last will of this date testator g-ave. 
 
 Will tJ '-^ 
 
 devised, and bequeathed unto his trustees and 
 executors thereinafter named, their heirs, executors, 
 administrators, and assigns, all his real and personal 
 estate and effects whatsoever and wheresoever, 
 except estates vested in him as a trustee or 
 mortgagee. (1) Upon trust to pay income to 
 arise therefrom, after payment thereout of all 
 necessary expenses, unto his wife during widow- 
 hood, and from, and after her decease or second
 
 EXECUTORSHIPS. 185 
 
 marriage (whichever shall first happen). (2) Upon 
 TRUST to sell and convert same into money, and 
 divide proceeds thereof amongst all his children 
 living at his decease, or born in due time afterwards, 
 who, being a son or sons, shall attain 21, or shall 
 afterwards attain that age, or, being a daughter or 
 daughters, shall then have attained 21, or have been 
 married, or shall afterwards attain that age or marry, 
 in equal shares, and if there shall be only one such 
 child, whole to go to that one child. Deceased 
 children's child or children to take (if more than 
 one equally between them) parent's share. 
 
 Declaration that on death or marriage again of 
 testator's wife, his surviving trustees and executors 
 might, at their discretion, postpone sale and conver- 
 sion of his estate until requested by writing under 
 hand of all beneficiaries to sell same, and that rents, 
 profits, and income thereof, after her decease or 
 marriage, should, after payment thereout of all inci- 
 dental expenses, be paid to and amongst testator's 
 children and grandchildren. 
 
 Declaration that said trustees, other than testa- 
 tor's wife, whose consent in writing during her life, 
 or until marriage again, should nevertheless be ob- 
 tained thereto, might at their discretion raise any 
 part or parts, not exceeding together one moiety of 
 expectant share of any child or grandchild, and 
 apply same for his or her advancement, &c., as said 
 trustees, with such consent or at such discretion as 
 aforesaid, should think fit. 
 
 23
 
 186 EXECUTORSHIPS. 
 
 Declaration that shares of females should be for 
 their separate use, &c. 
 
 Testator appointed (1) his said wife during 
 widowhood, (2) D. B., (3) his brother J. A., and 
 (4) E. Gr., trustees and executors, and guardians 
 of his infant children. 
 
 Testator's 5. — Tcstator died without havinof revoked or 
 
 Death, and " 
 
 towrn."* altered his said will, and same was duly proved and 
 registered in, &c., by his widow and D. B., power 
 being reserved of making like grant to said J. A. 
 and E. Gr. 
 
 Personal 6. — (1) Houscliold ffoods, &c., valued at £ , 
 
 Estate ^ ^ o ' ' ' 
 
 Account. ^2) Leasehold property, viz. : — Two stone built 
 cottages, situate in , occupied by , as 
 
 tenants thereof. Annual value, £ . Yearly 
 ground rent, £ . Unexpired term years, 
 
 valued at £ 
 
 Seven cottages, situate in , numbered 
 
 respectively (Nos.) occupied by (tenants). Annual 
 value, £ . Yearly ground rent, £ . Un- 
 expired term years, valued at £ 
 
 Eents of said leaseholds due since death of 
 testator to date of grant. 
 
 Debts. 7. — Debts due and owing from testator amounted 
 
 to £ , and his funeral expenses, £ , have all 
 been duly paid. A schedule thereof, now in my 
 possession, can be inspected by each beneficiary, if 
 required, in order to satisfy himself as to the 
 correctness thereof. 
 
 Double 8. — Said J. A. and E. Gr., on this day obtained a 
 
 Probate. 
 
 grant of double probate of said will, and,
 
 EXECUTORSHIPS. 187 
 
 9. — On this date, as trustees of said settlements, Notice to 
 
 ' ' Tenants of 
 
 and executors of said will, it being deemed advisable property of 
 
 Appoint- 
 to discontinue services of former collector, and ^^'^^y"' 
 
 appoint a new one, the followinsf formal notice was ^o^uect ° 
 
 ^ ^ . Rents, &c. 
 
 served upon each tenant, viz. : — 
 
 To R. S., the tenant or occupier of the messuage 
 or dwelling-house and premises, situate in and 
 numbered , in (situation). 
 
 In pursuance of two indentures of settlement, 
 
 dated respectively the (dates), and made between 
 
 A. B. of the one part, and H. A. and M. B. of the 
 
 other part, and as executors under the last will and 
 
 testament of the said H. A., we, the undersigned, 
 
 J. A., of (address and occupation), and E. G., of 
 
 (address and occupation), hereby give you notice 
 
 that you are henceforth required to pay to Mr. 
 
 K. W., of (address), the agent duly appointed by us, 
 
 all the rent now due, and hereafter to accrue due in 
 
 respect of the said messuage or dwelling-house and 
 
 premises ; and on no account after the date hereof, 
 
 to pay any rent in respect of the said messuage or 
 
 dwelling-house and premises to (former collector), of 
 
 (address), or to any other person or persons other 
 
 than the said K. W. 
 
 As witness our hands this day of 18 
 
 Signed by , trustees of the said settlements, 
 
 and executors of the will of A. B., deceased. 
 
 10. — Said rents are now being collected accord- collection 
 
 o and appro- 
 
 ingly,and appropriated pursuant to trusts of said will. ^'jnt9°"°^
 
 ESTATE ACCOUNTS. 
 
 Schedule of Paeticulaes. 
 
 Proposed course in long continuing Trusts ; 
 Annual Accounts duly verified. 
 
 Information to be inserted in account of final 
 distribution for presentation to and examination 
 and signature by Residuary Legatees, pursuant to 
 the course suggested in Report No. 7. 
 
 1. — Residuary Legatees, &c. 
 
 2. — Schedule of Corporation Mortgages or 
 
 Debenture Stock. 
 3. — Borough Treasurer's Interest Account 
 
 thereon. 
 4. — Cash in House. 
 5. — Balance at Bankers. 
 6. — Furniture Sale ; particulars in Auctioneer's 
 
 Account. 
 7. — Rents due. 
 8. — Sale Bill of Testator's Properties, if and 
 
 when sold. 
 9. — Sales by Private Treaty. 
 10. — Columnar Schedule of Testator's Funeral 
 
 Expenses. 
 11. — Schedule of Receipts of Rents of Testator's 
 
 Freehold and Leasehold Properties.
 
 SCHEDULE. 180 
 
 12. — Receipts by Executors on Bank Interest 
 
 Account, or other Deposits therein. 
 13 & 14. — Corporation Debenture Stock or 
 
 Mortgage Account. 
 15. — Columnar Schedule of Payments on Repairs 
 
 Account. 
 16. — Payments on account of Grround Rents of 
 
 Leaseholds. 
 17. — Payments on Sale Account. 
 18. — Payments on General Account to be 
 
 separately specified. 
 19. — Debts contracted before Testator's Death. 
 20. — Schedule of Deposits in Bank on Executors' 
 
 Account. 
 21. — Payments to Bankers. 
 22. — Interest on Interim Distributions Account. 
 23. — Estimated Interest Account on Interim 
 
 Distributions, &c., calculated as aforesaid 
 
 (par. 15, pp. 81 and 82, Report 7). 
 24. — Proof of correctness thereof. 
 25. — Interest chargeable against an Infant 
 
 Legatee's Share. 
 26.— The like. 
 
 27. — Special Division of said Interest. 
 28. — Analysis of Executors' Estate Account. 
 29. — Memorandum of examination and approval 
 
 of Executors' detailed Estate Account, to 
 
 be added at end thereof, and signed by or 
 
 on behalf of each Legatee.
 
 ESTATE ACCOUNTS. 
 
 SUGaESTIONS OR INSTRUCTIONS 
 
 For the Prepaeation and Completion or an Adminis- 
 trator's OR Executors' Estate Account, to be 
 
 ANNEXED TO PROPOSED REPORT TO BeNEEICIARIES. 
 
 To further facilitate the solicitor's or accountant's 
 labours, and enable him to prepare and complete 
 the necessary estate account, I venture to think 
 that the following instructions, which are based 
 upon a very special residuary account passed by the 
 Commissioners of Inland Revenue, will show fully 
 the exact particulars required under each specific 
 head, and the precise form necessary to render the 
 account as complete as possible, however large the 
 estate may be. The special cash accounts herein- 
 after set forth have been rendered in cases wherein 
 the author has acted as solicitor to administrators 
 and executors, and comprise all the necessary forms 
 of accounts and receipts required on an intermediate 
 distribution, or on the final winding up of an 
 intestate's or testator's estate.
 
 ESTATE ACCOUNTS. 191 
 
 In the case of lone; continuing: trusts it is sub- Proposed 
 
 o o course in 
 
 mitted that some scheme mi^ht be developed contkmS 
 
 Trusts. 
 
 whereby it would be made obligatory upon all Accounts 
 trustees and executors to prepare, either through their verffled. 
 solicitor, or an accountant, and transmit for examina- 
 tion by residuary legatees, an annual cash account, 
 showing clearly (1) nature of their investments of 
 trust funds, (2) accumulations of interest, dividends, 
 rents, &c., (3) all payments made in connection 
 with trust estate, and (4) a statement of all facts 
 wherewith it is their duty to furnish them. The 
 author ventures to think that the enforcement of a 
 statutory obligation of this character would result 
 beneficially to all parties concerned, inasmuch as it 
 would afford an annual opportunity of ascertaining, 
 from a careful inspection of the securities and 
 documents relating to the trust estate, sucJi inspec- 
 tion to he (lull/ verified hij the solicitor, that the 
 funded portion of such estate is invested upon 
 securities coming strictly within the investment 
 clause of the instrument creating the trust, or such 
 as trustees are legally authorised toinvest in. There 
 is no doubt the development and active enforcement 
 of a scheme of this character would ultimately lead 
 to the ready detection of fraud by dishonest trustees, 
 and the avoidance of many losses by beneficiaries at 
 the hands of defaulting trustees, or trustees who have 
 probably exercised a random and unwise discretion 
 in the investment of the whole or a part of the 
 trust funds upon unauthorised and probably 
 indifferent or rotten securities. The author has
 
 192 ESTATE ACCOUNTS. 
 
 deemed it right to incorporate liis views herein, 
 for the perusal and kind consideration of the 
 members of the two professions for whom this work 
 is intended, who will be well able to judge if the 
 suggestion is worthy of notice, and ultimate adop- 
 tion, and if it is worth while taking any decisive 
 action with a view to the ultimate accomplishment 
 of the object proposed. The importance of the 
 subject to them generally is (it is respectfully 
 submitted) a sufficient justification for troubling 
 them with the foregoing views thereon, and has 
 emboldened the author to communicate them fully 
 herein, the idea having occurred too late for incor- 
 poration in its legitimate place in the preface. 
 
 Morma-^ Thc exccutors should either (1) personally, (2) 
 Account oS through their solicitor, or (3) an accountant, prepare 
 
 final distri- . c • -i 
 
 bution. a strict estate account tor presentation to, and 
 examination by or on behalf of the residuary legatees 
 on the final distribution of testator's residuary 
 estate, and following specimen, being a case wherein 
 author acted for executors in matter to which report 
 No. 7 refers, shows in detail the information that 
 should be set forth therein, namely : — 
 
 Residuary 1. — List of rcsiduary legatees, number, surnames, 
 ^^- christian names, addresses, occupations, relationship 
 
 to testator. 
 
 Schedule of 2. — A list of Corporation mortgages, or debenture 
 gageSr*" stock, if any, due at testator's death, in the follow- 
 
 Debenture . „ 
 
 Stock. mg torm : —
 
 ESTATE ACCOUNTS. 193 
 
 (1) Bond or mortgage of the Local Board of 
 
 Health for the District of the Borough 
 of , in the County of , No. , 
 
 (date), for £ , repayable on the 
 
 (date), with interest thereon at the rate 
 of £ per centum per annum, renewed 
 by the testator on the (date), and to 
 bear interest at 4 per cent, per annum. 
 
 (2) Bond or mortgage of the said Board of 
 
 Health, No. , (date), for £ , 
 
 repayable on the (date), with interest at 
 the rate of £ per centum per annum, 
 renewed by testator on , at 4 
 
 per cent. 
 
 (3) (Name) Corporation debenture stock certi-" 
 
 ficate, No. , for £ , (date), interest 
 4J per cent, per annum, payable half- 
 yearly, 1st January and 1st July. 
 
 (4) (Name) Corporation debenture stock certi- 
 
 ficate. No. , for £ , (date), interest 
 4^ per cent, per annum, payable half- 
 yearly, 1st January and 1st July. 
 
 3. — Borough treasurer's official account of interest Borongi^,^ 
 
 . , T , T Interest 
 
 then due thereon. Account 
 
 thereon. 
 
 4._Cash in testator's house at death. cash^ia 
 
 .5. — Balance in bank, as per pass book. Banker!^' 
 
 24
 
 194 ESTATE ACCOUNTS. 
 
 Furniture 6. — If fumiture sold, copy sale account tlierein, 
 
 Sale, 
 
 showing on Dr. side total amount of sale, and on 
 Cr. side payments and deductions by auctioneer. 
 
 Eentsdue. 7. — Rcuts duo at testator's death. 
 
 saieBiu. 8. — A print of sale bill of testator's properties, if 
 and when sold. 
 
 Sales by 9. — Particulars of property sold by private treaty. 
 
 Treaty. 
 
 Columnar 10. — (1) No., (2) date of payment, (3) paid by, 
 
 FunerlT^ (4) crcdltors' names, (5) addresses, (6) occupations. 
 
 Expenses. ^^^ naturc of claim, e.g., hearse, &c., coffin and 
 
 shroud, tombstone, interment charges, provisions 
 
 supplied at funeral, &c., (8) No. of cheque, if so 
 
 paid, and (9) amount. 
 
 Schedule of H. — Lot 1, (spccifv samc), e^ross annual rental, 
 
 Receipts of ' \ r .7 / ' O 
 
 Sator's £ J set forth rents received from commencement 
 and^Lease- of cxocutorship to distribution, as follows, viz. : — 
 
 hold Pro- ^ 
 
 perties. ^]^^ jv^^^^ l^2) date of receipt, (3) tenants' names, (4) 
 week's, quarter's, half-year's, or year's rent, or 
 proportion thereof, as case may be. 
 
 Receiptsby 12. — (1) No., (2) date, (3) interest on £ , (4) 
 
 Executors ^ ' 'v/ ' \ / >./ 
 
 on Bank • , i 
 
 Interest lUterCSt. 
 
 Account on 
 
 their 
 
 Deposits 
 
 Cor ora- 1^- — (Namc) Corporatiou debenture stock. No. 
 tur'l stock,' , for £ , date of receipt, six months 
 
 orMortgage 
 
 Account, interest at 4^ per cent., less mcome tax, £ 
 
 The like for each successive receipt.
 
 ESTATE ACCOUNTS. 195 
 
 14. — The like for each debenture or mortgage, to 
 show exactly interest receipts in respect of each. 
 
 15. — (1) No., (2) when paid, (3) creditors' names, g^^'^^^fo, 
 (4) addresses, (5) occupations, (6) amount paid, oiXpaiw 
 
 /n\ 1 • f /n\ TVT PI / Account to 
 
 {7) claim tor , (8) JNo. of cheque (if so paid), ^^^^l'^^^^ 
 
 The following examples will show what should be herein'f^^'" 
 inserted in column No. 7, viz. : — (1) Repairs at 
 aforesaid ; (2) contract for painting, white washing, 
 plastering, papering, &c., , aforesaid; (3) work 
 
 done at property, or A. B.'s house ; (4) new 
 
 sewers to property, joint cost with Mr. , 
 
 (owner of adjoining property) ; (5) repairing roof 
 of property at ; (6) draining ; (7) 
 
 general repairs to testator's property, prior to 
 intended sale thereof by auction ; (8) goods. 
 
 16. — Claim column — Half a year's chief or g-round Payments 
 
 ^ o on account 
 
 rent payable, in respect of land at , less tax. Rents^of"^ 
 
 Leaseholds 
 
 17. — (1) Surveyor — To taking dimensions of. Payments 
 
 on Sale 
 
 and lotting testator's property, preparatory to Account. 
 advertising same for sale by auction, making plans 
 thereof, including chainman and expenses, fair copy 
 plans, ascertaining quantities, colouring plans, 
 shewing rights of road, &c., and attendance at 
 vendors' solicitor's office upon the business ; (2) 
 Innkeeper — Liquor, &c., supplied at sale ; (3) 
 Printer — Printing sale bills and circulars thereof ; 
 (4) Valuer — Charges for inspecting the various lots, 
 prior to sale by auction ; (5) Advertisers — To 
 advertising sale of property between and
 
 196 ESTATE ACCOUNTS. 
 
 inclusive ; insertions at each ; (6) Bill Poster — 
 To posting posters of sale in (districts) ; (7) 
 Auctioneer — Charges for offering five lots of 
 property for sale by auction on (date). 
 
 Payments 18. — (1) Fixturcs at I (2) cleaning" No. 
 
 on General ^ ^ ' \ / O 
 
 besepa-**° j &c. ; (3) incomc and land tax for 
 
 specified), property ; (4) premiums paid to County Fire Office, 
 for and in respect of insurance of testator's property, 
 under policies therein ; (5) general district rate ; 
 (6) water rent; (7) poor rate; (8) registration fee 
 on transfer of testator's Wigan Corporation deben- 
 ture stock, &c., in executors' names ; (9) forty-six 
 weeks' wages, at 8s. per week, between (dates), 
 attending upon testator; (10) valuation for residuary 
 account; (11) taking valuation of property, and fair 
 copies thereof; (12) auctioneer's charges for (1) 
 advertising sale of testator's household furniture in 
 local papers, (2) printing and posting sale bills, (3) 
 two men and clerk in attendance at sale, and (4) 
 commission for selling, as per particulars on page 
 hereof ; (13) taking valuation of testator's 
 leasehold property, household furniture, &c., (as 
 agreed), for probate purposes. 
 
 Debts con- 19. — (1) Attendance on testator during his last 
 
 tracted t n 
 
 Tutor's illiiess ; (2) coal supphed to testator ; (3) meat 
 Death. supplied to tcstator, between (dates) ; (4) work 
 done ; (5) gas ; (6) poor rates, or other rates 
 and taxes payable in respect of testator's property ; 
 (7) medical attendance upon, and medicine supplied 
 to testator ; (8) interest after rate of £ per
 
 ESTATE ACCOUNTS. 197 
 
 cent, per annum, since the day of last, 
 
 owing under the following indentures, viz. : — (1) 
 Mortgage of testator's equity of redemption ot and 
 in the said leaseholds, to secure £ ; (2) further 
 charge, dated , to secure £ ; (3) further 
 
 charge, dated , to secure £ ; (4) transfer 
 
 of mortgage, dated , to secure £ ; and 
 
 (5) further charge, dated , to secure £ ; 
 
 (9) any other debts contracted, as aforesaid. 
 
 20. — (1) Dates; (2) depositor; (3) from whom sch^^^uie ^f 
 amount deposited has been received, to identify wxecu'tor's 
 
 Account. 
 
 receipt and deposit thereof ; and (4) amount. 
 
 21. — (1) Cheque book ; (2) bank commission ; f^f^ankers. 
 (3) amounts paid. 
 
 22. — To be calculated pursuant to the method J°terest on 
 
 JT Intenni 
 
 suggested in paragraph 15, pages 81 and 82 of report tion"''"" 
 
 Account. 
 
 No. 7. Dates of interim distributions : — (1) To 
 interest on£ , (amount distributed), after the rate 
 of £4 per cent, per annum from this date, up to, and 
 including the (date of final distribution), years 
 and days ; (2) to interest on £ , (amount 
 distributed), after said rate from this date, up to 
 and including the (date of final distribution), 
 years and days; (3) to interest on £ , 
 
 (amount distributed), after said rate from this date, 
 up to and including the (date of final distribution), 
 years and days. 
 
 Interest chargeable against fourteen of the adult 
 legatees, £
 
 Estimated 
 Interest 
 Account on 
 Interim 
 Distribu- 
 tion, &c., 
 calculated 
 as aforesaid 
 (par. 15, pp. 
 81, 82, Ke- 
 port 7). 
 
 Proof of 
 
 correctness 
 
 thereof. 
 
 198 ESTATE ACCOUNTS. 
 
 £ s. d. 
 
 23.— 1881, April 12tli, to interest on 
 
 £1400, at 4 per cent., paid to 
 
 fourteen legatees 213 11 2 
 
 1882,May 9tli,to interest on £1050, 
 
 at 4 per cent., paid to fourteen 
 
 legatees 115 1 10 
 
 1883, March 15tli, to interest on 
 
 £3500, at 4 per cent, paid to 
 
 fourteen legatees 264 13 2 
 
 To interest on £95, advanced on 
 
 Miss C.'s account 5 7 10 
 
 To interest on £75, advanced on 
 
 Miss B.'s account 3 14 
 
 24. — Credit sixteen legatees with £37 
 
 13s. each will equal 602 8 
 
 Debit fourteen legatees with £42 
 7s. 7d. will equal... £593 6 2 
 
 Debit Miss B 3 14 
 
 „ MissC 5 7 10 602 8 
 
 Interest 25. — Datcs of pavmeuts to her guardian on 
 
 chargeable x «/ o 
 
 as'shlr^i" account of her share : — (1) To interest on £25, after 
 . ^-^^ ^^^^ aforesaid, from this date, up to and includ- 
 ing (date of final distribution), years and 
 days; (2) the like interest on £25, years and 
 days ; (3) the like interest on £20, years 
 and days. 
 
 -(1) To interest on £25, after the rate 
 ip to and including (date 
 years and days ; (2) 
 
 Interest ' 26. DatCS ! 
 
 against^M. aforcsald, from this date, up to and including (date 
 
 (aninfant). ^^ g^^j distributlou).
 
 ESTATE ACCOUNTS. 199 
 
 the like interest on £25, years and days ; 
 
 (3) the like interest on £25, years and days. 
 
 27. — This amount is to be treated as part of the 
 estate, in fact, as income, and to be divided into 
 sixteen parts, corresponding with the number of 
 adult and infant beneficiaries, and each beneficiary 
 thereby gets a part. The interest chargeable to 
 each of the fourteen beneficiaries will thus amount 
 
 to, e.g £42 7 7 
 
 Each will receive back 37 13 
 
 So that he or she only loses 4 14 7 
 
 Whilst Miss B. and Miss C. each 
 
 receive 37 13 
 
 They paying £ interest for money advanced 
 on their respective accounts, as above. 
 
 28. — (1) Receipts; (2) payments, excluding Analysis of 
 residuary duty separately to be deducted ; (3) Account. 
 divide balance into sixteen shares, balance, £ ; 
 
 (4) each share is thus represented by sum of 
 £ ; (5) residuary duty, at 3 per cent., payable 
 by legatees except T. C. £ ; (6) legacy duty, 
 at 10 per cent., payable by T. C. £ . Total 
 duty, £ 
 
 29. — We, the undersigned, hereby severally admit Memoran- 
 
 •^ dum of Ex- 
 
 that the said executors have rendered to each of us ali'dXpr" 
 (being the several residuary legatees parties to an Kxecutor-a 
 indenture of release of even date herewith of the be added at 
 first fourteen parts), an analysis of the preceding and signed' 
 detailed account of the personal estate, and oi^^^^l^l^''^
 
 200 ESTATE ACCOUNTS. 
 
 moneys arising out of the real estate of the said 
 testator, directed by his will to be sold, and of the 
 disposition and application of the same, and the 
 proceeds and income thereof respectively, which we 
 have examined (and as to such as are illiterate and 
 cannot read or write " hereby admit has been care- 
 fully examined on our behalf,") and wherewith we 
 do hereby respectively acknowledge and declare we 
 are perfectly satisfied. 
 
 As witness our hands this day of , 
 
 1887. 
 
 (Signatures,) 
 
 N.B. — An account according to the preceding 
 suggestions was prepared and presented for examina- 
 tion and signature by legatees, in case to which 
 report No. 7 refers.
 
 ESTATE ACCOUNTS 
 
 Repeered to in the poeegoing Repoets, compeising 
 
 ALMOST EVEEY POEM OP AdMINISTEATOE's AND 
 
 ExEGUTOEs' Accounts, and the Receipts 
 eequieed to be signed by Next-op-Kin oe 
 Residuaey Legatees on an Inteeim oe Final 
 Disteibution op theie Intestate's oe Testatoe's 
 Estates eespbctively. 
 
 95
 
 202 
 
 ESTATE 
 
 No. 
 
 Dr. 
 
 The Executors of the Will of the late A. B. in 
 
 Receipts. 
 Date. — 1. Cash in the house 
 
 2. ,, Preston Bank 
 
 3. ,, Parr's Bank 
 
 4. Mersey Dock Bond ilOOO 
 
 5. „ „ 200 
 
 6. „ 625 
 
 7. Half-year's interest on said three Dock 
 
 Bonds, at Zh per cent., due 1st 
 January, 1886 
 
 8. Wigan Corporation Bond, at 4 per cent 
 
 9. Half-year's interest, due 1st January, 
 
 1886 
 
 10. Half-year's interest, due 1st July, 1886 
 
 11. Furniture, &c., sold for 
 
 12. Mortgage on property in 
 
 13. Interest thereon, at 5 per cent., from 
 
 , 1886, to , 1886, less tax 
 
 14. Mersey Dock Bond for ^'500, at 3^ per 
 
 cent., sold for 
 
 15. Half-year's interest thereon, due (date) 
 16. 
 
 17. Interest thereon paid by purchaser 
 
 (date) 
 
 18. Interest from Parr's Bank 
 
 19. ,. ,, Preston Bank, say 
 
 To balance, being net residue 
 
 One-eleventh £, 
 
 Two-elevenths 
 
 Two-elevenths to children and issue of testator's 
 
 late aunt, M. H 
 
 Children of William : — 
 
 R. H., |th of ^ths 
 
 C. L., i of ^th of ^i^ths 
 
 J. H., i of ^th of jSfths 
 
 J. H., |th of ,2rths 
 
 Legal personal representative of James, ^th of 
 
 ^^rths 
 
 M. R., -Jth of ,2^ths 
 
 Loss on division 
 
 1825 
 
 492 
 
 10
 
 1. 
 
 ACCOUNTS. 
 
 203 
 
 account with the Residuary Legatees thereunder. 
 
 Ob. 
 Payments. £ s. d. 
 
 Funeral Expenses. 
 Date. — 1. M. C, draper. This includes a suit of 
 
 mourning each to (names) 
 
 C. D., hearse and cars 
 
 E. F., dinners, &c 
 
 ON Simple Contracts due at the 
 Testator's Death. 
 
 By surgeon 
 
 ,, rent 
 
 >, gas 
 
 ,, probate 
 
 ,, headstone 
 
 ,, letters of administration to estate 
 
 of A. C 
 
 ,, letters of administration to estate 
 
 of J. C 
 
 ,, expenses attending sale of furniture 
 
 ,, servant's keep and wages 
 
 ,, allowed tax on interest coupons 
 
 ,, stamped cheques 
 
 „ Messrs. , charges attending 
 
 winding up and dividing the estate, j 
 
 say 
 
 ,, Residuary duty on estate of A. C. 
 ,, ,, ,, ,, J. C... 
 
 Pecuniary Legacies. 
 
 J. V 
 
 C. B 
 
 E. R 
 
 A. C 
 
 Duty on residue at 5 per cent 
 
 Balance, being net residue 
 
 „ 2. 
 „ 3. 
 Debts 
 
 Date.— 4. 
 5. 
 6. 
 
 7. 
 8. 
 9. 
 
 10. 
 
 11. 
 12. 
 13. 
 14. 
 15. 
 
 16. 
 17. 
 
 18. 
 19. 
 20. 
 21. 
 22. 
 23. 
 
 Vide receipt in precedent 2. 
 
 Schedule of legatees' names or share list as given in precedent 5, and rfice pt 
 therein to be inserted.
 
 204 
 
 ESTATE 
 
 No. 
 
 Residuary Personal Estate divisible amongst Testator's 
 Shares op certain Advances to them 
 
 The Executors of the late Mr. 
 
 Db. 
 
 9. 
 10. 
 
 11. 
 12. 
 13. 
 
 14. 
 15. 
 
 16. 
 17. 
 
 18. 
 
 19. 
 20. 
 
 21. 
 
 Heceipts. 
 
 To cash in bank at testator's death 
 
 ,, house 
 
 club money 
 
 half-year's rent of cottages 
 
 railway interest warrant 
 
 proceeds of sale of Loudon and North- 
 Western Railway Preference Stock 
 
 bank interest to (date) 
 
 W. D., for watch 
 
 „ cash lent, £40 and i;10 
 
 ,, interest thereon, at 5 per cent., 
 
 from to . ^24 6s. 3d., less paid 
 
 on account £10 
 
 W. D., club money 
 
 J. D., for cash lent 
 
 ,, interest thereon, at 5 per cent., 
 
 from 22nd June, 1865, to 1st Oct., 1886 
 
 T. D., for cash lent 
 
 ,, interest thereon, at 5 per cent., 
 
 from to 
 
 R. P., for cash lent £240 
 
 ,, interest thereon, at 
 
 5 per cent., to 21st October, 
 
 1885 
 
 R. P., for interest to 1st Oct., 
 
 1886 
 
 R. P., for cash lent 
 
 ,, interest thereon, at 
 5 per cent., from 2nd Jan. 
 
 to 1st October, 1886 
 
 R. P., for cow and calf 
 
 11 
 
 11 
 40 
 
 6 10 
 
 
 2 9 
 19 13 
 
 22. Less R. P., on account. 
 
 £324 10 1* 
 221 14 2j 
 
 £102 15 Hi 
 £ 
 
 £ 
 
 403 
 
 93 
 
 10 
 
 9 
 
 6 
 
 419 
 
 3 
 
 3 
 
 50 
 
 14 
 
 
 
 50 
 
 53 
 8 
 
 221 
 
 1349 
 
 18 
 
 15 
 
 
 
 15 
 
 2 
 
 18 
 
 
 
 
 
 6 
 
 17 
 
 
 
 5 
 
 
 14 
 
 d. 
 
 3 
 2 
 9 
 
 
 4 
 
 6 
 9 
 
 
 
 ^ 
 
 
 
 
 
 
 2i 
 
 Hi 
 
 We, the above-named residuary legatees, hereby admit as follows, namely — 
 (1) That the above account has been carefully read over and explained to us on 
 behalf of the said executors, (2) that we jierfectly understand the contents 
 thereof, and (3) are perfectly satisfied therewith, and (4) that we have this day 
 received from them the several sums set opposite to our respective names in the 
 account No> 4 hereunto annexed, shewing the division of the testator's personal
 
 2. 
 
 ACCOUNTS. 
 
 205 
 
 Children, subject to Deduction from their respective 
 BY HIM (vide Report No. 5, page 56). 
 
 in account with his Estate. 
 
 Cr. 
 
 Payments. <£ s. d. 
 
 1. By paid (enumerate each payment) 127 6 
 
 probate duty and fees. 
 
 solicitors' costs 
 
 'I . D., legacy 
 
 M. R, „ 
 
 balance for division.... 
 
 58 
 14 
 19 
 19 
 1108 
 
 1349 
 
 14 
 12 
 19 
 19 
 10 
 
 9 
 3 
 
 
 111 
 
 Hi 
 
 estate hereinafter written, in full satisfaction and discharge of all our claims 
 and demands whatsoever for or in respect of the .said testator's personal estate 
 up to and including the date hereof. As witness our hands this day of 
 
 October, 1886. 
 
 Witness to the signatures of the said ) Legatees'signatures, . £221^ 14!!'2id. 
 
 legatees, .J » ^ each.
 
 206 
 
 ESTATE 
 
 No. 
 
 Account showing the Division op the Testator's 
 
 Personal Estate 
 £ s. d. 
 
 £ s. d. 
 
 1. Cash in the bank 763 18 
 
 2. Amount owing by W. D., as 
 
 per account No. 1 65 3 3 
 
 3. Amount owing by J. D., as 
 
 per account No. 1 103 5 
 
 4. Amount ov/^ing by T. D., as 
 
 per account No. 1 9 
 
 5. Amount owing by E. P., as 
 
 per account No. 1 
 
 £324 10s. l^d., and 
 credited on account 
 No. 1 221 14 2^ 
 
 3 
 
 £1163 1 2\ 
 
 Deduct : — 
 
 1. Legacy to T. D....£19 19 
 
 2. „ M. K.. 19 19 
 
 3. Solicitors' costs... 14 12 3 
 
 54 10 3 
 
 Balance, to be divided into 
 
 five shares 1108 10 11^ 
 
 Each share amounts to £221 14 2\ 
 
 763 
 
 18 
 
 
 
 763 18
 
 3. 
 
 ACCOUNTS. 
 
 207 
 
 Residuary Personal Estate in preceding Case No. 2. 
 Account. 
 
 £ s. d. 
 
 1. W. D.'s share 22114 2^ 
 
 Less principal and interest 
 
 owing by him 65 3 3^ 
 
 2. J. D.'s share 22114 2^ 
 
 Less principal and interest... 103 5 5| 
 
 3. Jas. D.'s share 22114 2i 
 
 4. M. D.'s share 22114 2} 
 
 f). E. P.'s share 22114 2^ 
 
 Less on account of principal 
 
 and interest 221 14 21 
 
 6. T. D., legacy 
 
 Less principal and interest... 
 
 7. M. R., legacy 
 
 8. Solicitors' costs 
 
 19 19 
 9 
 
 
 3 
 
 19 19 
 
 
 
 s. d. 
 
 156 
 
 118 
 221 
 
 221 
 
 10 
 
 10 
 19 
 14 
 
 14 
 
 14 
 
 lOf 
 
 8f 
 
 H 
 
 18 
 19 
 12 
 
 763 
 
 18 
 
 Signed by legatees and witnessed.
 
 208 
 
 ESTATE 
 
 No. 
 
 The Executors of the late Mr. in account 
 
 Balance Sheet showing Amounts payable to each Legatee 
 Dr. him to the Estate (vide 
 
 £ s. d. 
 
 1. W. D.'s share — 
 
 To one-fifth share of the said testator's residuary per 
 sonal estate 
 
 To balance brought down. 
 
 2. J. D.'s share — 
 
 The like share 
 
 To balance brought down. 
 
 Jas. D. 's share — 
 The like share 
 
 To balance brought down 
 
 M. D.'s share — 
 The like share 
 
 To balance brought down. 
 
 E. P.'s share — 
 
 The like share 
 
 To balance owing to estate by legatee ; of this 
 amount one-fifth, or £20 lis. 2|d., will have to be 
 returned to him as his share, leaving £82 4s. 9d. to 
 be divided amongst the other four legatees 
 
 6. T. D.'s legacy— 
 To amount thereof 
 
 To balance brought down . 
 
 7. M. K.'s legacy — 
 
 To amount thereof £ 
 
 To balance brought down £| 
 
 221 
 
 221 
 
 156 
 
 221 
 
 221 
 
 118 
 
 221 
 
 221 
 
 221 
 
 221 
 
 221 
 
 102 
 
 324 
 
 19 
 
 19 
 10 
 
 19 
 
 14 
 
 14 
 
 2i 
 
 10 
 
 lOf 
 
 14 
 14 
 
 2i 
 
 " 2i 
 
 8 
 
 8| 
 
 14 
 
 2| 
 
 14 
 
 2i 
 
 14 
 
 2i 
 
 14 
 
 2i 
 
 14 
 
 15 
 
 19 
 
 18 
 
 19 
 
 19 
 
 2i 
 
 2| 
 
 Hi 
 
 10 1| 
 
 19 
 
 19
 
 ACCOUNTS. 
 
 209 
 
 with the Residuary Legatees under his Will. 
 
 (in No. 2 Account) after Deduction of Amount owing by 
 Report No. 5, page 56). Cr. 
 
 1. By tpstator's loan to you 
 
 2. The like 
 
 3. Intere.st thereon, at 5 per cent., from 9th 
 
 January, 1877. to date £24 G 3i 
 
 Less paid on account 10 
 
 v4. Club money received by you 
 
 5. Balance of share payable on final distribution 
 
 1. By testator's loan to you 
 
 2. Interest thereon, afc 5 per cent. , from 22nd June, 1865, 
 
 to date 
 
 3. Balance of share, &c 
 
 1. By amount payable on final distribution 
 
 1. The like. 
 
 1. By testator's loan to you 
 
 2. ,, interest thereon, at 5 per cent., to 21st October, 
 
 1885 
 
 3. By interest thereon, at 5 per cent., on £240, from 21st 
 
 October, 1885, to 1st October, 1886 
 
 4. By Testator's loan to you 
 
 5. ,, interest thereon, at 5 per cent., from January 2nd 
 
 1886, to date 
 
 0. By cow and calf sold to you by testator 
 
 1. By testator's loan to j'ou 
 
 2. ,, interest thereon, at 5 per cent., from 19th Febru- 
 
 ary, 1884, to date 
 
 3. By balance now payable 
 
 1. By amount payable £ 
 
 £ 
 40 
 10 
 
 14 
 
 
 
 156 
 
 221 
 
 50 
 
 53 
 118 
 
 221 
 
 221 
 
 221 
 
 240 
 11 
 
 11 
 40 
 
 19 
 
 324 
 
 1 
 10 
 
 19 
 
 19 
 
 fi. 
 
 d. 
 
 
 
 
 
 
 
 
 
 6 
 
 3i 
 
 17 
 
 
 
 10 
 
 10| 
 
 14 
 
 2i 
 
 
 
 14 
 
 14 
 
 14 
 
 9 
 13 
 
 10 
 
 
 
 18 
 
 19 
 
 5i 
 8| 
 
 jF 
 Jt 
 
 
 
 
 
 10 
 
 
 9J 
 6 
 
 ^' 
 
 
 3 
 9 
 
 19 
 
 The receipt in the preceding case wa.s sisj^ned on account No. 2, this account 
 being annexed thereto and signed by each legatee. A duplicate receipt was, of 
 course, under the circumstances, unnecessary. 
 
 26
 
 210 
 
 ESTATE 
 
 No. 
 
 Balance Sheet on Distribution of Residue arising 
 AMONGST Seven of Testatrix's Nephews and Nieces 
 
 Messrs. A. and B. 
 
 Dr. 
 
 Nieces (vide Report 
 
 surviving Executors of the late C, 
 to be sold, Sfc, in account with the 
 
 Receipts. 
 
 3. 
 
 To amount of mortgages received from (specify 
 mortgagors' names) 
 
 Proceeds of sale of testatrix's realty, viz. : — (1) 
 A freehold messuage or dwelling-house, &c., 
 called (name), sold to Mr. (purchaser) for ... 
 
 A ground rent of £ , reserved and made 
 payable by an indenture of lease dated 
 (date), and issuing out of seven messuages 
 called "Yorkshire Row," situate, &c. (situa- 
 tion), sold to Messrs. for 
 
 Accumulations of Interest, Dividends, Rents, 
 &c. 
 
 4. Rents of said real estate from death of Mrs. 
 
 L. (survivor of three tenants for life), on 
 (date), to this date, (days) 
 
 5. Interest on said mortgages 
 
 6. To balance, i^ayable on final distribution 
 brought down £ 
 
 Share List. 
 
 1. To children of testatrix's brother, 
 
 J. F., their names and amounts 
 of their several individual 
 shares of such seventh share 
 to be separately inserted in 
 first column 
 
 2. To children of her late sister, C, 
 
 like 
 
 3. To children of her late sister, 
 
 M. H., like 
 
 4. To children of her late brother, 
 
 H. F., like 
 
 5. To children of her late sister, 
 
 H. L., like 
 
 6. To children of her late sister, 
 
 J. H., like 
 
 7. Tosonofherlatebrother,R.F.,like 
 
 Sevenths. 
 
 s. 
 
 Total residue 
 divisible. 
 £ s. d. 
 
 The amount of column 1 will correspond with 2nd column.
 
 5. 
 
 ACCOUNTS. 
 
 211 
 
 UPON Death of a Survivino Tenant for Life, divisible 
 
 AND RePRESENTATIVKS OF DECEASED NePIIEWS AND 
 
 No. 12, PAGE 124). 
 
 and Trustees of the Beat Estate directed hi/ lirr Will 
 
 Residuary Legatees the^'emider. 
 
 Or. 
 
 Payments. 
 
 1. Legal expenses of and incidental to sale of real 
 
 estate and final distribution of testatrix's 
 residuary estate 
 
 2. Auctioneer's charges for selling 
 
 3. Hotel expenses at said sale 
 
 4. Miscellaneous disbursements 
 
 5. Rates and taxes paid in respect of realty 
 
 6. Repairs thereto 
 
 7. Residuary duty on residue, £ , assessed' 
 
 after the rate of 3 per cent, at the sum of... 
 
 8. Balance of residue and moneys arising upon 
 
 death of H. L., surviving tenant for life 
 under will of deceased, to be divided into 
 seven equal undivided parts or shares 
 amongst persons named hereunder 
 
 Receipt to be signed by each legatee in a special column for "Legatees' 
 signatmes " opposite amounts of their several shares, and the followiug memo- 
 randum to be also signed : — 
 
 We, the under-named residuary legatees, hereby admit as follows, viz. :— (1) 
 That we have carefully read over the above account (or that the above account 
 has been carefully read over and exi)lained to us) on behalf of the said 
 executors, (2) that we perfectly undeCstand the content.s thereof, (3) are 
 perfectly satisfied therewith, and (4) that we ha"e this day received from them 
 the several sums set opposite to our respective names in the foregoing account 
 in full satisfaction and discharge of all our claims and demands whatsoever for 
 or in respect of the said testator's personal estate or tiie i)roceeds of sale of her 
 said real estate up to and including the dat" hereof (numbered schedule of 
 legatees to be inserted). As witness our hands this day of 1887. 
 
 Witness to the said signatures, .
 
 212 
 
 ESTATE 
 
 No. 
 
 Special Cash Account for a deceased 
 
 The amount payable thereunder was not payable at same time 
 
 and executors banked it for 3| years, until legal personal 
 
 of administration were granted to her, to 
 
 Tlie Executors under the Will of the late A. B. in 
 
 Estate of the 
 De. 
 
 Receipts. £ s. d. 
 
 Date. — 1. To amount of intestate's one-seventh' 
 share of and in the residuary estate 
 of the said testatrix, as shown by 
 the residuary account duly comp- 
 trolled by the Commissioners of 
 Inland Revenue, now produced for 
 my inspection 
 
 2. To half-year's bank interest thereon, 
 at 2 per cent 
 
 3. The like on £ (compound interest), 
 at 2 per cent 
 
 4. The like on £ (compound interest), 
 at 2 per cent 
 
 5. The like on £ (compound interest), 
 at 2 per cent 
 
 6. The like on £ (compound interest), 
 at 2 per cent 
 
 7. The like on £ (compound interest), 
 at 2 per cent 
 
 8. The like on £ (compound interest), 
 at 2 per cent 
 
 9. To balance brought down £ 
 
 Memorandum. — The above account arose under the will mentioned in 
 precedent No. 12, page 124, whereby trustees were directed to pay one-seventh 
 part or share of testatrix's residuary personal estate to her sister, M. H., if she 
 should be living at her decease, and if then dead to pay same to and amongst 
 such of the child or children of said M. H. as should be living at testatrix's 
 decease in equal shares. M. H. died after testatrix, leaving is.sue. Share 
 became payable to her administrator in trust for such of her children as were 
 living at testatrix's death. The author has deemed it advisalile to incorporate 
 this account herein, as it may be serviceable in the preparation of a legatee's 
 account under the like or similar circumstances.
 
 6. 
 
 ACCOUNTS. 
 
 213 
 
 Legatee's Administratrix in Preceding Case. 
 
 as other six shares referred to in Final Report No. 12, page 124, 
 represi.'ntative of testatrix's sister attained 21, when letters 
 enable her to give a valid receipt therefor. 
 
 account wltli 
 late M. H. 
 
 tkr Adininistrafrii; of the Personal 
 
 Or. 
 
 Date.- 
 
 Payments. 
 -1. By solicitor's bill of costs (as per 
 particulars rendered) of and inci- 
 dental to the matter 
 
 2. By balance payable carried down ... 
 
 Receipt by administratrix. 
 
 T, the undersigned administratrix of the i)ersonal estate and effents of the 
 above-named intestate, M. H., hereby admit as follows, viz.: — (1) That 
 the above account has been read over and carefullj- cxjilained to me \<y Mr., 
 the solicitor to the said executors ; (2) that 1 perfectly iniderstand the 
 contents thereof ; (3) and am perfectly satisfied therewith ; and (4) that I have 
 this day received from them the sum of £ , being the balance in their 
 
 hands payable to me as such administratrix as aforesaid, in full satisfaction and 
 discharge of all my claims and demands whatsoever for or in respect of the said 
 intestate's personal estate up to and including the date hereof. 
 
 As witness my hand this day of 188 . 
 
 Witness to the signature of the said administratrix, . 
 
 Signature, ,
 
 214 
 
 ESTATE 
 
 No. 
 
 Balance Sheet on Completion of a Sale of Property to 
 BY Vendors to Negotiate Sale, same being effected 
 
 Lot 6. — In the matter of a Conveyance by Messrs. 
 
 to (names of purchasers as agents for and, on 
 
 dwelling-houses (numbers), situate on 
 
 The Purchasers in account 
 
 Dr. 
 
 1. To amount of purchase money 
 
 2. To interest thereon, at £5 per centum per 
 
 annum, from the day of 
 
 188 , to date, days, £ , less 
 
 income tax at 8d. in the £ 
 
 3. To vendors' solicitor's costs, payable by pur 
 
 chasers, pursuant to terms of contract 
 for sale, agreed at 
 
 4. To balance brought down £ 
 
 N.B. — If the property consists of cottages for which vendor is liable to pny 
 rates and taxes, following apportionments will, as between himself and com- 
 pany, have to be inserted in debtor side of account if amounts have been paid, 
 viz. : — 
 
 To amounts paid as follows : — 
 
 1. Wigan Urban Sanitary Authority — water rent, 
 
 2. Wigan Local Board — general district rate, laid (date) last ; pro- 
 
 portion 
 
 3. Poor rate allowed (date) last, 2s. in £ ; proportion, ,
 
 7. 
 
 ACCOUNTS. 
 
 2L 
 
 A Railway Company's Age.vts, wiiiiiiE no Surveyor employed 
 
 BY LATTER PERSONALLY (viDE REPORT No. 7, PP. 76-77). 
 
 {names), Trustees of the Will of Mr. A. B., deceased, 
 behalf of railway company), of four messuages or 
 the southerly side of (situation, ^c.) 
 
 WITH THE Vendors. 
 
 Cr 
 
 1. By rent received from Mr. (one of the 
 
 tenants) ; proportion from last to 
 
 date, days or weeks, 
 
 after rate of 8s. per week 
 
 2. By balance payable to vendors carried down.
 
 216 
 
 ESTATE 
 
 No. 8. 
 
 Analysis op Executors' Estate Account referred to in 
 Final Report No. 7, par. 6, page 77. — Re A. B., deceased. 
 
 £ s. d. 
 
 1. Receipts, as j)er preceding schedule j 11021 [ 18 9 
 
 2. Payments, excluding residuary duty, charged , • 
 
 separately j 1297 7i 
 
 3. Divide this into 16 shares— Balance £\ 9724 
 
 4. Each share is thus represented by the sum of. 
 
 5. Residuary duty at 3 per cent, payable by lega- 
 
 tees, except T. C. (a stranger in blood to 
 the testator) 
 
 6. Legacy duty at 10 per cent, payable by T. C... 
 
 £ 
 
 7. Estimated interest account on interim distri 
 
 butions, &c. : — • 
 
 (1) 1881.— April 12. To interest on £1,400, at 
 
 4 per cent., paid to 14 legatees 
 
 (2) 1882.— May 9. To interest on £1,050, at 4 
 
 per cent., paid to 14 legatees 
 
 (3) 1883.— March 15. To interest on £3,500, 
 at 4 per cent., paid to 14 legatees 
 
 To interest on £95, at 4 
 per cent., advanced on Miss A.'s account 
 (an infant legatee) 
 
 To interest on £75, at 4 
 per cent., advanced on Miss B.'s account 
 (an infant legatee) 
 
 607 
 
 18 
 
 16 
 
 (4) 
 (5) 
 
 N.B. :— 
 
 8. This amount is to be treated as income, and 
 
 to be divided into 16 parts, corresponding 
 with the number of adult and infant lega- 
 tees, and each legatee thereby gets a part. 
 The interest chargeable to each of the 14 
 adults will thus be 
 
 9. Each will receive back 
 
 10. So that he or she only loses 
 
 11. Whilst the infant legatees each receive. 
 
 Proof :— 
 
 12. Credit 16 legatees with £37 13s. each ^vill 
 
 equal 
 
 13. Debit 14 legatees with £42 7s. 7d. 
 
 each will eqiial £593 6 2 
 
 14. Debit Miss B.'s share 3 14 
 
 15. „ „ A.'s „ 5 7 lo! 
 
 286 
 63 
 
 17 
 15 
 
 350 
 
 213 
 115 
 264 
 
 602 
 
 42 
 37 
 
 i2 
 
 11 
 
 1 
 
 13 
 
 7 
 
 14 
 
 U 
 
 2 
 
 10 
 
 2 
 
 10 
 
 14 
 
 37 
 
 602 
 
 602 
 
 13 
 
 N.B.— Vide paragraphs 11, 13, and 15, Final Report No. 7, as to the mode in 
 which this analysis is made up.
 
 No. 9. 
 
 ACCOUNTS. 
 
 217 
 
 Summary showing Amount payable on Final Distribution 
 (viDK Final Report No. 7.) 
 
 £ s. d. iL s. d. 
 
 1. Receipts, as per preceding ac- 
 
 count 11021 18 
 
 2. Payments, from 1 to 1 5 inclusive, 
 
 as per same account 1297 
 
 , 3. 1881, April 4th, paid 14 legatees 
 
 .£100 each 1400 
 
 4. 1882, May 9th, paid 14 legatees 
 
 £'75 each, (except Mrs. J., 
 
 £50) 1025 
 
 5. 1883, March 15th, paid 14 lega- 
 
 tees, ^250 each 3500 
 
 6. Paid Mrs. A., for Miss A., on 
 
 account, between January 
 13th, 1883, and 1st January, 
 1885, inclusive 
 
 7. Paid Mrs. B., for Miss B., ou 
 
 account, between January 
 13th, 1883, and 1st January, 
 1885, inclusive 120 
 
 8. Mrs. K., on account 24 1 9 
 
 9. Mr. , (amount advanced to 
 
 him, repayable on said infant 
 legatees respectively attain- 
 ing 21) 1050 
 
 10. Residuary duty 286 17 7 
 
 11. Payments to 14 legatees 1400 10177 19 lO.V 
 
 75 
 
 12. In hands of Mr. 
 9) 
 
 , (vide item 
 
 Cash reciuired. 
 
 843 
 1050 
 
 1893 
 
 18 
 
 
 18 
 
 10^^ 
 
 
 10^ 
 
 27
 
 218 
 
 ESTATE 
 
 No. 
 
 Account Rendered to Residuary Legatees (Testator's 
 Report ; latter being unnecessary, in consequence 
 
 Dr. 
 
 Mr. A. B., sole Executor under the Will 
 
 the Residuary 
 
 Receipts. 
 
 1. To cash at bankers — name of bank 
 
 2. ,, in house 
 
 3. To j)roceeds of sale of testator's household 
 
 furniture and effects 
 
 202 
 40 
 
 15 
 
 £ 258 17 
 
 s. 
 
 4 
 16 
 
 16 
 
 d. 
 
 1 
 4 
 
 4. To balance brought down i:217 2 
 
 ^217 2
 
 10. 
 
 ACCOUNTS. 
 
 219 
 
 Cousins) on Final Distribution of his Estate, without a 
 
 OF THE simple NATURE OF THE EXECUTORSHIP. 
 
 of the late Mr. G. 
 Legatees thereunder. 
 
 D., ill account with 
 
 Ob. 
 
 Payments. 
 
 1. By paid Messrs. for probate expenses... 
 funeral expenses j 
 
 ,, Dr. E., for medical attendance and 
 medicine 
 
 ,, for nourishment for testator 
 
 ,, rent 
 
 ,, mourning for the children of testator's 
 cousin W. G. and executor (tes- 
 tator directed by his will that they 
 should have a suit of mourning at 
 the expense of his estate) 
 
 , , executorship expenses 
 
 ,, balance for division, carried down, 
 divisible into eight shares 
 
 5 
 
 15 
 
 4 
 
 4 
 
 19 
 
 4 
 
 1 
 
 1 
 
 
 
 
 
 13 
 
 
 
 
 
 6 
 
 4 
 
 Form of Receipt for Residuary Lcjatees' 
 Signatures on. Cash Account. 
 
 We, the undersigned, do hereby severally and res- 
 pectively acknowledge that we have, this day of 
 1887, sevtTally and respectively examined, and 
 do hereby respectively approve and allow the above 
 account. And we do hereby also acknowledge that we 
 have this day received the several sums of £ 
 set opposite to our respective names in full satisfaction 
 and discharge of all our respective claims and demands 
 against the said executor, and also against the estate of 
 the said testator. 
 
 SHARE LIST. 
 
 18 
 1 
 
 217 
 
 258 
 
 17 
 
 paid one-eighth share of testator's residuary personal estate to 
 each of the undermentioned legatees : — 
 
 Names. 
 
 .-Vddress. 
 
 Occupation. 
 
 Signatures for 
 Shares. 
 
 27 
 27 
 27 
 27 
 27 
 27 
 27 
 27 
 
 217
 
 220 
 
 ESTATE 
 
 No. 
 
 Special Cash Account ^n Completion of 
 -Assignment by A.\s Executors to B. 
 
 Lots 1 and 2. 
 Dr. 
 
 1886. 
 
 Sept. 16. — 1. To amount of purchase money, lot 1 
 
 2. „ „ „ „ „ 2 
 
 „ 3. ,, Interest on £ (balance after deducting 
 
 deposits received at sale) at .5 per cent 
 per annum from to date 
 
 days £ less income tax at 
 
 in£ 
 
 ,, 4. „ Proportion of rents of said lots. Annual 
 rental £ from last to 
 (date) days 
 
 5. „ Proportion of insurance premium on 
 
 £ , fire policy No. in the 
 Assurance Company paid to 
 Christmas next 
 
 6. ,, Proportion of property tav on said lots 
 
 7. ,, ,, Poor rate (if paid by vendors and 
 
 not by tenant of property sold 
 
 8. ,, ,, District rate (if so paid) 
 
 N.B. — If the sale is to a railway 
 company the following items must be 
 added : — 
 
 9. ,, Vendors' surveyors' charges for negotia 
 
 ting sale, &c 
 
 10. ,, Vendors' solicitors' charges for prepara 
 
 tion and completion of preliminary 
 agreement for sale and other costs of 
 and incidental to the sale, to which he 
 is entitled under the Lands' Clauses 
 Consolidation Act, 1845. 
 
 11. ,, Any other payments, the whole or a \>xo 
 
 portionate part of which are charge- 
 able against railway company £ 
 
 To balance payable to vendors brought 
 down £ 
 
 £ s. d 
 
 Cash Account to be Prepared by Vendors' Solicitor, or an 
 Accountant, on completion of Sale of a Testator's Leasehold 
 Property. 
 
 N.B. — The author has deemed it advisable to include herein the necessary 
 cash account to be prepared as above, prior to completion of the executors' sale 
 of their testator's leaseholds, and sincerely trusts it will be useful as a precedent 
 for their guidance, and handy reference in making up such an account. It is 
 prudent in all cases, hotvever small the purchase money, to have a proper balance 
 sheet ])repared m the form suggested, so that no disputes or com))lications may 
 thereafter arise concerning the calculations of interest, apiwrtionment of rates, 
 taxes, and other outgoings payable in respect of the ju'emises agreed to be sold. 
 The following ijrecedent refers to a sale of two lots of a testator's leaseholds, 
 and tlie conditions of sale relating to completion thereof, provided in effect, as 
 follows, viz. :—(l) Purchaser shall jiay remainder of his purchase money at 
 time and [dace appointed by special conditions of sale for comjjletion of pur- 
 chase ; (2) rents or possession will be received or retained, and outgoings dis- 
 charged by vendors up to day appointed for such com])letion, and as from that 
 day outgoings shall be discharged, and rents or possession taken by purchaser, 
 such rents and outgroings sliall (if necessary) be ajiiiortioned between vendors 
 and purchaser for the purpose of this condition ; and (3) if purchaser shall not 
 complete piirchase at time ap|)ointed, he shall i)ay interest on remainder of 
 purchase money at rate of £.5 per centum per annum from that time until same 
 shall be paid, or vendors may, at their option, take rents or retain 
 possession of property, current rent and outgoings being, if necessary,
 
 n. ACCOUNTS. 
 
 Sale of two Lots of a Testator's Property. 
 
 Purchaser in account wltli the Vendors. 
 
 1886. 
 Aug. 31.- 
 
 221 
 
 Cr 
 d. 
 
 -1. By deposit on lots 1 and 2 
 
 2. ,, proportion of ground rent (if leaseliold) 
 
 £ , less property tax, from (date) 
 to (date) days 
 
 3. ,, income tax on £ 
 
 4. ,, rent received from Mr. (one of the 
 
 tenants) j)roportion from last to 
 date ; six weeks after the rate of 
 per week 
 
 5. ,, balance payable to vendors £ 
 
 apportioned between vendors and purchaser. Latter was allowed further time for 
 completion, to enable liim to complete certain arrangements to raise a portion of 
 the ]jurchase money on mortgage, and in consequence of liis iuabilitj' to complete 
 on exact day fixed by iiis contract, venders' rifhts under preceding conditions 
 arose, whereby they were entitled to debit purchaser witli items numbered 3 to 
 8 inclusive. Under these circumstances, purchaser, on other hand, was 
 entitled to benefit of credits referred to in items numbered 2, 3, and 4 on credit 
 side of account. The following specimen account will be found applicable to 
 almost every ordinary sale <jf freehold or leasehold propertj', aiid if there are 
 any exceptional debits or credits in the particular case in hand, beyond those 
 mentioned, c.(i. — (1) land tax, (2) tithes, (3) money expended by vendor before 
 comi)letion of jjurchase in complying with any requirements enforceable 
 against him and made after thr sale liy tiie municipal corporation, local board 
 of health, or other local authority i)f the borough or district wherein such pro- 
 perty is situated, in respect of such property, or of the paving or flagging of tlie 
 roads, streets, or passages adjoining same, and which [jurcliaser is, under the 
 conditions of sale, on completion of his purchase, bound to repay to vendor 
 — the account must be varied in accordance with existing circumstances. 
 If sale is to a railway company, such company is bound to pay to vendors (1) 
 reasonable eliarges of his surveyor for negotiating (unless negotiations have 
 been coniph^ted liy \endor and company, or their agent personally), and (2) of 
 vendor's solicitm- for the jireparation and completion of the preliminary agree- 
 ment for sale, in addition to such costs as vendor is entitled to under "Lands' 
 Clauseo Consolidation Act, 1845."
 
 222 
 
 ESTATE 
 
 No. 
 
 (To BE SUBSTITUTED FOR 13 
 
 Messrs. G. D. and E. F. (Executors of the Will of 
 
 Legatees thereunder (vide 
 
 Dr. Analysts nv Account 
 
 d. 
 
 Date. 
 
 -1. 
 
 2. 
 3. 
 
 4. 
 5. 
 6. 
 
 7. 
 
 8. 
 
 Analysis 
 
 Receipts. 
 
 Cash in the house at testators death. 
 
 Cash ill bank 
 
 Household furniture, sold by auction 
 on 29th November for 
 
 Corporation mortgages, &c 
 
 Interest thereon 
 
 Proceeds of sale of the real and lease- 
 hold estates before mentioned 
 
 Rents thereof to dates of transfers . . . 
 
 Lots 1 and 2. — To interest on balance 
 of purchase money of these lots, 
 received from Mr. (purchaser), after 
 the rate of £5 per cent, per annum, 
 from to ,188 
 
 less income tax thereon days 
 
 To said purchaser's proportion of the 
 insurance premiums on £ 
 hre policy No. , in the 
 
 Assurance Company, paid 
 
 to , 188 
 
 10. To said purchaser's proportion of the 
 property tax on the said lots 
 
 Lot 5. — To the purchaser's proportion 
 of the poor and district rates 
 
 Lot 6. — To amount of interest on said 
 purchase money (■£ ), at £b 
 
 per cent, per annum, from , 
 
 188 , to , 188 , £ , 
 
 less inome tax at d. in the £, 
 
 days 
 
 Bank and other interest from , 
 188 , to date 
 
 9 
 
 11. 
 
 12. 
 
 13. 
 
 14. To balance brought down on date of 
 final distribution £ 
 
 OP 
 £ 
 52 
 
 1822 
 
 79 
 
 2000 
 
 244 
 
 6116 
 
 542 
 
 14 
 
 36 
 
 111 
 
 11021 
 
 s. 
 
 2 
 
 19 
 
 4 
 
 
 
 14 
 
 
 16 
 
 17 
 
 13 
 
 16 
 
 9724 
 
 18 
 
 18
 
 12. 
 
 ACCOUNTS. 
 
 223 
 
 AT END OP PAR. 6, PAGE 77). 
 
 Date.— 1. 
 
 A. B., deceased) In acconid tvlth. tlif" 
 Report No. 7, par. 6, patje 77) . 
 
 OF Testator's Estate. 
 
 Payments. 
 Messrs. , cliarges of and inci- 
 dental to sale of testator's furniture 
 and valuation of leaseholds for pro- 
 bate 
 
 2. Probate duty 
 
 3. Court fees on grant of probati; 
 
 4. Funeral expenses 
 
 5. General and legal expenses 
 
 6. Debts on simple contracts, ground 
 rent, taxes, wages, &c. (1) due at 
 testator's decease and (2) contracted 
 afterwards 
 
 7. Pecuniary legacy to Mr. 
 
 8. Proportion of ground rent, £ 
 (less property tax), from 
 188 , to the , 188 , pay- 
 able in respect of Lots 1 and 2, 
 
 days 
 
 Proportion of income tax 
 
 Proportion of ground rent, £ 
 (less property tax), from , 
 188 , to , 188 , payable 
 in respect of Lots 3 and 4 
 
 Rent received from , one of 
 the tenants of property ; 
 proportion, , 188 , to , 
 i\ weeks at 7s. 8d. per week allowed 
 to purchasers thereof, pursuant to 
 terms of contract foi- sale 
 
 Parr's Banking Company, Limited, 
 Wigan branch, for cheque books, 
 interest, and bank commission 
 
 1 3. Additional probate duty 
 
 14. Residuary duty on the net residue 
 charged against 15 legatees sepa 
 rately 
 
 1 5. Balance 
 
 Res id liar 1/ 
 
 9. 
 10. 
 
 11. 
 
 12. 
 
 £ 
 
 s. 
 
 12 
 
 12 
 
 165 
 
 
 
 7 
 
 15 
 
 44 
 
 9 
 
 464 
 
 10 
 
 518 
 
 19 
 
 19 
 
 19 
 
 10 
 50 
 
 9724 
 
 11021 
 
 Cr. 
 d. 
 
 18 
 
 18 
 
 Vide end of instructions for preparation of Estate Account as to memorandum 
 of examination and approval hereof, par. 29, pages 199-200.
 
 224 
 
 ESTATE 
 
 No. 
 
 Residuary Legatee's Separate Balance Sheet, showing 
 
 Balance payable on Final Distribution 
 
 In the matter of the Estate of , late of , in the 
 
 day of 
 
 Messrs. , the Executors of the deceased, and Trustees 
 
 under the Will of the deceased, proved in the Liverpool District 
 
 the 
 Db. 
 
 188 
 Date.- 
 
 day of 
 
 188 , in account with 
 
 Receipts. 
 
 ,of 
 
 -To one-sixteenth share of the residuary 
 personal estate, and of moneys arising 
 out of the real estate, of the said 
 testator 
 
 To balance brought down £ 
 
 Memorandum. — The special circumstances under which interest is charged 
 against each legatee on the three several amounts paid over on the above dates, 
 up to and including the day of distribution, and deducted from each share, are 
 fully explained on pages 81-82 (vide Report 7) of the E.Kecutors' Report sent 
 herewith. 
 
 Special Receipt for Balance. — I, the above-named legatee, hereby admit (1) 
 that the above account has been carefully read over and explained to me on be- 
 half of the said executors ; (2) that I perfectly understand the contents thereof, 
 (3) and am perfectly satisfied therewith ; and (4) that I have this day received 
 from them the balance or sum of pounds, shillings, and 
 
 pence in full satisfaction and discharge of all my claims and demands whatso- 
 ever for or in respect or on account of the said testator's real and personal 
 estate, up to and including the date hereof. As witness my hand this day 
 
 of , 188 . 
 
 Witness to the signature or mark of the said legatee \ 
 and to payment over of the said balance / 
 
 Stamp. 
 Solicitor, ,Wigan.
 
 13. 
 
 ACCOUNTS. 
 
 225 
 
 (1) amounts paid on Intcrua DistrlbiUioiis, and (2) 
 (vide par. 13, j). 79, Report 7). 
 
 County of Lancaster, Gentleman, deceased, who died on the 
 
 , 188 . 
 of the Keal Estate directed by the Will to be sold, tfec, acting 
 Registry of the Probate Division of the High Court of Justice on 
 one of the Residuary Legatees under the said Will. 
 
 Cr. 
 Payments. 
 188 . £ s d. 
 
 Date. — 1. By cash on account, per cheque No.l 
 on the Wigan branch of Parr's 
 
 Banking Company, Limited 
 
 „ 2. To interest thereon, after the rate of 
 £4 per cent, per annum, from this 
 date up to and including the 
 
 , 188 (see memorandum 
 
 below), years and days 
 
 188 . 
 Date. — 3 
 „ 4. 
 188 . 
 Date. — 5. By cash on account, per cheque No, 
 
 „ 6. Interest, years and days 
 
 „ 7. By balance payable on final distribu- 
 tion 
 
 By cash on account, per cheque No... 
 Interest, years and days 
 
 Letter to Legatee therewith Printed on Fly Leak.— Re , 
 
 deceased. Herewith we beg to send, for your perusal, before the intended 
 distribution herein, the following doruiuents, viz. : — (1) The Executors' Report 
 to the Residuary Legatees as to their Management, Realisation, and Distribu- 
 tion of the Testator's Estate, and (2) a Balance Sheet, showing the several 
 amounts already paid to you and the balance now payable to you, both which, 
 we trust, you will find satisfactory. 
 
 . The Executor.s of the late, 
 Balance sheet. 
 
 Endorsement.— Dated , 188 
 
 in account with (legatee's name). 
 Wigan, Solicitor to the said Executors. 
 
 N.B.— It will be observed, on reference to items 1, 3, 5, and 7, on the Cr. 
 side of the foregoing account, that all the payments to the legatees on account 
 of and ultimately in final settlement of their shares were paid by the executors' 
 cheques. It is .always desirable to pay thein in this manner in order that the 
 possibility of any dispute respecting the amount paid may be avoided. 
 
 28
 
 226 
 
 ESTATE 
 
 No. 
 
 N.B. — This account relates to (1) the author's receipts for and 
 (2) receipts for and payments to his administratrix, who authorised 
 collection of numerous disputed outstanding accounts, contracted 
 realise his other oustanding estate, (4) adjust all disputed accounts 
 
 to act on her behalf in 
 
 Dr. 
 
 A. B. 
 
 Receipts. 
 
 m 
 
 account 
 
 with 
 
 the 
 d. 
 
 Date. — 1. Cash from E. F. 
 
 „ 2. Bank interest from (name) bank 
 
 ,, 3. The (name) Assurance Company, London ; 
 sum assured under policy No. on the 
 
 life of the intestate 
 
 ,, 4. G. H., net proceeds of sale of stock-in-trade 
 
 &c., after deducting costs of sale, &o., £ 
 „ 5. Proceeds of sale of fixtures &c., to Mr. 
 
 incoming tenant of shop and premises 
 
 formerly occupied by intestate 
 
 ,, 6. Cash from debtors to estate as per th 
 detailed and signed schedule annexed to the 
 release executed by you, dated, &c. 
 
 ,, 7. Taxed costs (yourself ats. G.) 
 
 N.B. — Said costs were payable by plaintiff to 
 administratrix, as defendant under certain administra 
 tion proceedings instituted in Chancery of County Pala 
 tine of Lancaster, Liverpool district, to recover amount 
 of an alleged claim against intestate's estate for goods 
 sold and delivered and money lent, wherein plaintiff 
 failed to prove his claim. 
 
 To balance payable to you brought down £ 
 
 Memorandum Referred to in Item 7 of Credit Side.— In doing this 
 work Mr. U.'s clerk was employed days. The work which he did 
 
 was wholly necessary, could not have been properly done in less time, and 
 it was most essential in the interests of the estate that detailed particulars 
 of the various accounts should be furnished, as if this time had not been 
 devoted to the matter it would have been impossible for the debtors to have 
 thoroughly understood th" state of their respective accounts, or for me to 
 have properly dealt therewith. An ajjproximate idea of the amount of work 
 necessary in preparing and completing the said accounts for delivery, maybe 
 formed from the fact that there were 355 accounts, for all of which ledger 
 accounts were necessarily opened, and the number of pages in the ])ass books 
 and bill heads used therefor is estimated at 800. Fourteen of the largest 
 accounts were specially delivered by a clerk at debtors' residences, and the 
 remainder were sent through the General Pose Office.
 
 14. 
 
 ACCOUNTS. 
 
 22: 
 
 payments to intestate prior to latter's decease, and subsequently 
 former, as her solicitor, to adjust all disputes connected with the 
 by intestate's customers with hira as a wholesale butcher, (3) to 
 owing by intestate connected therewith, and (5) generally 
 winding up such estate. 
 
 Administratrix of the late C. D. Cr. 
 
 Payments. £ s. d. 
 
 Date. — 1. By paid to deceased amount received from 
 J. H., of , under writ 
 
 2. The like 
 
 3. Agency charges therein as per detailed par- 
 ticulars left herewith 
 
 4. By paid dt'ceased balance under said writ 
 
 .5. Bill of costs left herewith against the intestate 
 
 up to date 
 
 6. Accounts paid as per schedule marked "A, 
 left herewith 
 
 7. To accountant's charges of and incidental to 
 going through, arranging, posting up, ))re- 
 paring, completing, and delivering of (No.) 
 outstanding trade accounts, amounting to 
 the Sinn of £ owing to you as such 
 adniinistratiix ; and making out detailed 
 particulars thereof for each debtor, the 
 said accounts bring enormously in arrear 
 at the date of intestate's decease engaged 
 therein days (vide memorandum at foot 
 hereof.) 
 
 8. To my bills of costs of and incidental to 
 following matters, viz. :— 
 
 (1) Obtaining grant of letters of administration 
 
 (2) Obtaining payment of amoimt under said 
 policy of assurance on intestate's life 
 
 (3) Miscellaneous bills of costs of and incidental 
 to ciilloction of said outstanding accounts 
 and other incidental proceedings con 
 nected with management and realisation 
 of intescato's estate, as per detailed report 
 left herewith . 
 
 (4) R.'s mortgage to you 
 
 (5) Yourself ats. G 
 
 (()) Liverpool agent's charges in G.s action 
 (7) Costs of and incidental to preparation and| 
 
 ci)mi>letion of casli account and report.. 
 
 9. By balance payable to you carried down 
 
 Special receipt signed by administratrix as follows : — 
 
 I, the undersigned, administratrix of the personal estate and effects of the 
 above-named intestate, hereby admit as follows, viz., (1) that the above account 
 has been read over and carefully explained tome by Mr. A.B., of afore.said, 
 
 the accountant emjjloyed b .• me to go through and examine all tlie accounts 
 remlered by you relating to the said estate ; (2) that I perfectly understand the 
 contents thereof ; (3) and am perfectly satisfied therewitli ; and (4) that I have 
 this day received from you the sum of £ , being the balance in your hands 
 under the said intestacy, in full satisfaction and discharge of all my claims and 
 demands whatsoever against you as my solicitor or agent, for or ni respect of 
 the said intestate's personal estate, up to and including the date hereof. 
 
 Signature 
 
 As witness my hand, this day of , 188 . 
 
 Witness to the signature of the said administratrix 
 
 Memor.\ndum to be signed by Account.\nt. — Having carefully examined 
 Mr. Fred Wood's accounts in the above estate, I hereby certify same to be 
 correct.
 
 228 
 
 ESTATE 
 
 No. 
 
 Account referred to in Final Report No. 9, par. 11, 
 Proceeds of Sale of a Copyhold Estate, &,c., divisible 
 
 Messrs. A. B., Executors under the Will of the 
 
 Legatees 
 Dr. 
 
 Receipts. £ s. d. 
 
 1. Testator's household furniture and effects,! 
 
 valued at I 
 
 2. Proceeds of Sale of his copyhold estate at 
 
 , sold to Mr. , of •. 
 
 3. Bank interest thereon to date of this account, 
 
 at per cent, per annum (current rate). 
 
 4. Rents of said copyholds to date of .surrender 
 
 of latter to purchaser, as per collector's 
 account hereunto annexed 
 
 5. Arrears of rent due from Mr. 
 
 To balance divisible brought down £
 
 15 
 
 ACCOUNTS. 
 
 229 
 
 PAGE 103 (14, AT END TIlEnEOF, TO BE READ AS 15). 
 
 AMONGST Testator's Children and tiikir Representatives. 
 late J. G., Farmer^ in accoiud with the Residuari/ 
 thereunder. 
 
 Payments. 
 Mr. commission for collection of said 
 rents 
 
 Half-year's tithe rent-charge to executors of 
 the late D. 
 
 3. Poor's rate ( overseers) 
 
 4. General District Rate Local Board 
 
 5. Repairs, «tc. , to property 
 
 6. Messrs. B. and D.'s charges agreed to be 
 
 paid as solicitors for all the legatees, 
 (excepting executors) 
 
 7. Mr. F. W.'s costs of and incidental to the' 
 
 said sale, and the winding up of the 
 testator's affairs generally, as per bill 
 
 now produced i 
 
 Balance, carried down, divisible amongst 
 said legatees in the undermentioned pro- 
 portions, viz. : — 
 
 8 
 
 Lega- 
 tees. 
 
 Names. 
 
 W. 
 
 G. 
 G. 
 
 Belationship 
 to Testator. 
 
 Daughter-in- 
 law 
 
 Grandson ... 
 
 Son 
 Son 
 
 Kemarks. 
 
 Claims as ad- 
 ministratrix 
 of W.G., tes- 
 tator's de- 
 ceased son 
 
 Claims as ad- 
 ministrator 
 of testator's 
 deceased 
 daughter C. 
 
 Amount of 
 
 Share. 
 
 £ s. d. 
 
 Receipt (vide Form No. 13.) 
 
 Or. 
 
 s. d.
 
 230 
 
 ESTATE 
 
 No. 
 
 This Account refers to the Estate dealt with by Report No. 13 
 as tenant for Jife, to the Interest, Rent, Income, and Proceeds of 
 to her at the date of her decease, and was afterwards paid to 
 
 De. The Executors under the Will of the late 
 
 Legatees 
 Receipts. <£ s. d. 
 
 Accumulations of Interest, Dividends, Bents, &c., to 
 WHICH Testatrix was at hi;b Decease Entitled as 
 Tenant fob Life under her late Husband's Will: — 
 
 1. Apportioned amonat of dividend ou £ Consols, from 
 
 (date) to testatrix's decease; by clieque from (trustee 
 under last named will) if so received 
 
 2. From Messrs. C. and F. (address), solicitors for said 
 
 trustee, viz.: — Proportion of rent of testator's pro 
 perty to date of testatrix's decease, as per collector'^ 
 detailed account rendered marked " A" 
 
 3. Arrears of rent ; balance considered bad 
 
 4. Proportion of interest to date of testatrix's decease in 
 
 respect of mortgage investments and cash at bankers, 
 under will of her late husband, as per detailed accoimt 
 (if one) rendered marked "B" 
 
 5. Bank interest on amount £ (comprising items 
 
 2, 3, and 4) from dates of receipt thereof by said 
 solicitors (same not having, in consequence of certain 
 disputes, been paid over by them to executors of 
 tenant for life in due course after receipt.) 
 
 Cash at Bankers:— 
 
 6. Principal standing to testatrix's credit at Parr's Bank 
 
 (Southport branch), as per pass book now produced ... 
 
 7. Interest thereon as per said book 
 
 8. K.B. — If realisation of estate has extended over a con- 
 
 siderable period, and half-yearly calculatiuns of 
 interest on amount in bank have been made, each one, 
 with date thereof, must be entered as follows, viz., 
 "Bank interest to date," in order to show exact 
 state of executors' deposit account up to and including 
 final distribution 
 
 Mobtgages Sold:— 
 
 9. Proceeds of sale t>> Mr. A., of , of mortgage No. 
 
 on improvement rate account of tlie borougli of 
 
 10. Interest thereon to date @ 4 per cent. 
 
 11. Proceeds of sale to Mr. B., of , of mortgage 
 
 No. on said rate _ 
 
 12. Interest thereon to date© 4 per cent 
 
 Loans :— 
 
 13. Mr. ; principal and interest owing under an agree- 
 
 ment for mortgage of premises in Wigau, made 
 between said of one part and testratrix of other 
 part, &c., dated (date) 
 
 Goods, &c. :— 
 
 14. Proceeds of sale of testatrix's clothing, ornamentsi 
 <tc., on (date) by Mr. (auctioneer)
 
 16 
 
 ACCOUNTS. 
 
 231 
 
 (pars. 5, 6, 7, 8, and 9, pai,'o 134), wh(u-eiii Testatrix was entitled, 
 her deceased Husband's Estate, a portion of which was owinjf 
 her Executors by the Executors under her said Husband's Will. 
 
 Mrs. 
 thereunder. 
 
 1)1 account with the Residnarij Cu. 
 
 Payments. 
 
 FuNEBAii Expenses:— 
 
 (1) M. and Sons, W., Drapers, &c. (Cheque No. ) 
 
 Fob GnANT of Probate of T?;statuix'.s Will : — 
 
 2. Stamp duty thereon; estate sworn at £ 
 
 3. Court fee stamps 
 
 4. District registrar's fees for correspondence, postage, 
 
 &c.. incidental thereto 
 
 Advertising and Ultimate Sale of Mobtgages on 
 Corporation Improvement Kate : — 
 
 5. A. B., Esq., solicitor, address, agency charges of and 
 
 incidental to his attempted sale of said mortgages on 
 your behalf 
 
 6. B. and Son, Messrs. (address), auctioneers', &c., fee for 
 
 negotiating sale of mortgage referred to in item 9 on 
 debtor side hereof to Mr. A.... 
 
 7. The like fee on sale of bond (item 11) 
 
 8. Advertising charges, &c 
 
 Debts Due on Simple Contracts, Rent, Rates, Taxes, 
 AND Wages Due at Testatrix's Decease :— 
 
 9. Dr. , professional attendance upon testatrix 
 
 (Cheque No. ) 
 
 10. R. J., grocer, &c., (Cheque No ) 
 
 11. B., Messrs., for storage of boxes 
 
 12. M., „ 
 
 13. H., Mrs. (address) ; claim (1) 1 week's rent of rooms in 
 
 lieu of notice by testatrix, £\ Is. Od., and (2) 12 weeks' 
 rent of rooms from to at per week, £ 
 £ . Settled fori . (C. No. ) 
 
 14. Accounts paid by Mr. (acting executor, or one of 
 
 the exors.) as per detailed schedule thereof hereunto 
 
 annexed, marked "C " 
 
 To Bankers:— 
 
 15. Executors' cheque book from said bank 
 
 16. Bank commission 
 
 Expenses Attending Executorship : — 
 
 (1) Mr. (acting executor's) costs, charges, and 
 
 expenses of and incidental to his management and 
 realisation of a portion of testatrix's residuary estate, 
 agreed to he allowed by his co-executors and the 
 residuary legatees 
 
 (2) Solicitor's costs of and incidental to his realisation of 
 
 the other portion thereof, as per the detailed bill 
 already delivered 
 
 Duty to Commissioners of Inland Revenue :— 
 
 Duty on net residue (£ ). calculated after the rate of 
 £ per cent 
 
 Legacies and Interim Distributions:— 
 
 17. MissE.W. legacy (C. No. ) 
 
 18. Duty thereon at £ percent 
 
 19. W. J. on account (C. ) 
 
 20. S.Mrs. 
 
 21. B. Miss 
 
 22. W. B. „ 
 
 23. W.. I. „ 
 
 Final Distribution : — 
 
 24. S.Mrs. balance 
 
 25. B. Miss 
 
 26. W. B. 
 
 27. W. M. amount of his share, after deduction there- 
 
 from of item 13 on Dr. side hereof 
 
 28. W. J.. balance
 
 232 
 
 SPECIAL PARTNERSHIP ACCOUNT. No. 17. 
 
 Special Account taken betiveen surviving Partners and 
 Executors of a deceased Partner, pursuant to 
 Articles of Partnership recited on page 28 (vide 
 pa,r. 7-8, pp. 31-3). 
 
 Analysis of Balaxce Sheet prepared by an eminent Firm 
 OP Chartered Accountants, employed to act on 
 
 BEHALF of ALL PARTIES 
 
 Date Meeting at Partnership OflSices. Present : Messrs. 
 
 (1) Accountant, (2) one of sm^viving Partners, and (3) 
 Solicitor to deceased Partner's Executors. 
 
 Epitome of Auditor's Statement as to exatnination of Partnership 
 
 Accounts. 
 
 £ s. d. 
 (1) Stock in hand, as agx'eed to by 
 Mr. on executors' behalf ... 
 
 (2) Cash in hand 
 
 (3) Book debts ., 
 
 Amount at testator's decease <£ 
 
 Liabilities : — 
 
 (1) Acceptances (interest allowed thereon) 
 
 (2) Open accounts (deduct interest from 
 
 them) 
 
 (3) Capital, as per private ledger 
 
 d. 
 
 Memoranda : — 
 
 (1) Everything practically reduced to cash at testator's 
 
 death. 
 
 (2) Eight months' interest charged on stock in liand 
 
 at 5 per cent. 
 
 (3) 4-ninths in excess to testator. 
 
 (4) Depreciation, reckoned at <£ 
 
 (5) Interest not charged on diffei'ence, as against testator's 
 
 estate, whereby 
 
 (6) His executors got benefit of larger amount. 
 
 (7) All open accounts and bills guaranteed at 1 per cent., 
 
 except A.'s debt. 
 
 i 
 
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