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funds.* Under this provision all trustees, executors, administrators, or other persons, or the major part of them, may, in a summary manner, and without filing a bill, pay the trust-monies, or transfer the funds into the Court of Chancery; and the Court is empowered in a summary way to direct the application of the money or funds upon the application of the parties entitled. But the Court may, if they deem it necessary, direct a suit to be instituted for the administration of the trusts. Power is given to the Court to enable the majority of the trustees, &c. to pay or transfer the money or funds into Court, if, upon a petition presented under the Act, it shall appear that for any reason the concurrence of the others of them cannot be had.

If the relief thus afforded to a trustee should be abused, the Court has power to visit him with costs. No one who has accepted a trust should wantonly resort to this mode of getting rid of it. When the fund is paid into Court, the trustee has no longer any power over it; and although he might have withheld the fund until his accounts were settled, yet after payment of it into Court, he cannot obtain an order to stop the payment of it to the person entitled, although the latter intends to file a bill against him for an account beyond the money paid into Court.

If the trustee act properly, he will be entitled to his costs; of course he is entitled to have his accounts settled, and a release or discharge given to him. If that is refused, or there is any dispute between the parties entitled to the fund, or the like, he may safely pay it into Court under the Act. Where there is a dispute as to the amount due to him, and he pays what he considers

* 10 & 11 Vict., c. 96; 12 & 13 Vict., c. 74. I have already pointed out to you the danger under the new authority of paying money into Court. Trnstees should beware.

SPECIAL CASE. ACCOUNT OF DEBTS.

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the right sum into Court, he does so at the peril of costs, and of having a bill filed against him by his cestui que trust for an account. The trustee may himself file a bill for an account and a release, although this is a step which is seldom necessary or advisable. If a third party is entitled to the trust-money under an assignment, the trustee upon paying the money can only require a receipt for it from him; but in winding up his trust with his cestui que trust he is, generally speaking, entitled to a release from him.

By another Act* executors and administrators, and trustees, are empowered to join with all other parties interested in taking the opinion of the Court of Equity on a special case stated, and in acting upon the decree of the Court, without the property being administered by the Court. This provision was well calculated to save expense and time, but it has of late not been much resorted to, inasmuch as all parties must concur in the case as stated, and they are seldom agreed upon the facts. A better remedy is provided by a late Act,† for now a trustee, executor, or administrator may, in a summary way, apply to a Judge in Chancery or in Chambers for his opinion, advice, or direction in the management or administration of the trust property or assets, which the party is fully authorised to act upon, but he must not be guilty of any fraud, wilful concealment, or misrepresentation. The costs are left to the discretion of the Judge.

And the Court is authorised, upon the application of executors or administrators, after the lapse of a year from the death of the deceased, by motion or petition of course, to take an account of the debts, and to provide for the payment of contingent debts; and when any other debts found to be due are paid, the executors or * 13 & 14 Vict., c. 35.. +22 & 23 Vict., c. 35, s. 30...

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administrators are absolved from all further liability. This at the time was a great boon, as it enabled executors and administrators in a summary way to ascertain whether there were any outstanding liabilities, without giving to the Court the power to administer the whole of the estate; but it is not so important now that the regular proceedings in the Court of Chancery are rendered so much more simple than they were. And now the account may be taken immediately, or at any time after probate or administration is obtained.* And this is carried much further,† for an executor or administrator may safely distribute the assets without reverting to the Court, after giving such notices for creditors to come in as the Court itself would have given in an administration suit; but this does not affect the right of a creditor to follow the assets into the hands of the persons who receive them. Executors and administrators were much embarrassed by their continued liability for rents and covenants in leases held by their testator or intestate, even after sales of the leases, and were compelled to require an investment of part of the assets to indemnify them against future demands; but this is now remedied under proper precautions, and the same relief is afforded against future liabilities under conveyances on chief rent.§ If such property remain unsold, of course the executor or administrator may secure himself out of the property.

In regard to the Charities of which you are a trustee, I must refer you to the statutes for the better administration of Charitable Trusts,|| where you will see what acts you may do under the authority of the Board of

* 23 & 24 Vict., c. 38, s. 14.

+22 & 23 Vict., c. 35, s. 29. This power has been extensively exercised, as the columns of the Times show, much to your correspondent's satisfaction.

§ 22 & 23 Vict., c. 35, ss. 27, 28.

16 & 17 Vict., c. 137; 18 & 19 Vict., c. 124.

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Commissioners, and what control they have over you. There is an important provision which enables trustees of any charity to apply to the Board for their opinion, advice, or direction respecting the charity, or the property, or any question or dispute relating to it.* The opinion or advice is to be in writing, signed by two or more of the Commissioners, and sealed with the seal of the Commission. If you act according to this opinion or advice, you will be deemed to have acted according to your trust as far as respects your own responsibility; but the Act will not indemnify you if you were to be guilty of any fraud, or wilful concealment or misrepresentation, in obtaining such opinion or advice.

* The instructions issued by the Commissioners can readily be obtained. The Commissioners should not have been allowed to obtain transfers of so large amount of charity funds; they may be in danger of confiscation.

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TITLE ACQUIRED BY POSSESSION.

LETTER XXVII.*

You are aware, no doubt, that no real property, lands or houses, can pass otherwise than by grant by deed for money, or for some good consideration, blood or friendship for example, for you may convey away your estate to whom you please, or by descent or devise; whereas mere personal property will pass by delivery from hand to hand. But yet there is a mode in which a man may acquire real property without paying for it or receiving it as a gift, or inheriting it by descent. This, at first sight, may appear singular to you. It is by what I may call adverse possession, which now is a possession by a person not the owner during a certain number of years without acknowledgment of the right of the real owner, and yet not necessarily in open defiance of him. In all times, great weight has been given to long-continued possession, in order to put a period to litigation. With us, the periods and nature of the possession depend altogether on acts of the Legislature,† and now even charities may be bound by nonclaim. Constant claims are set up to the estates of other men by poor and ignorant, and sometimes by crafty persons, although generally the latter support the claims of the former, where they think they can work upon the credulity of mankind. Some remarkable instances of fraudulent claims which have happened in recent times will recur to your me

* This and the next Letter treat of subjects which the young lawyer may find useful and instructive; but although they could not have been omitted, are hardly within the scope and object of my Letters.

+ 3 & 4 Will. IV., c. 27.

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