whether the trustee or mortgagee be an idiot, lunatic, or of unsound mind; and in case the Master shall find the party to be so, then to inquire and certify whether he is seised or possessed of the estate mentioned in the petition, or any and what part or parts thereof, upon any and what trust, or by way of any and what mortgage, and for whom, within the act of the 11 Geo. 4 & 1 Will. 4, c. 60, and whether he has any beneficial interest in the estate; and in case the Master shall find the party to be such trustee or mortgagee, then to inquire and certify who are the most proper persons to be appointed on his behalf, and in his name, to convey the estate or interest vested in him; and due notice of attending the Master will be directed to be given to all parties interested. On the inquiry before the Master the parties must produce the deeds creating the trust or mortgage, and the affidavits of one or more medical men, as to the lunacy or unsoundness of mind of the party from whom the conveyance is sought to be obtained, and such other evidence as the Master shall require for establishing the right of the persons requiring the conveyance. If the Master finds, by his report, that the party is of unsound mind, that he is seised of the estates mentioned in the petition, either as a mortgagee or trustee within the act, and that he has approved of a person to be appointed to convey on behalf of such party; on another petition being presented, such report will be confirmed, (unless sufficient reason should be shewn against it), when the Lord Chancellor will appoint the person named in the report to convey, and, in the case of a mortgage, direct such person to convey upon payment of the principal money and interest due thereon; and also, upon payment by the mortgagee of the costs of the orders and applications to be taxed by the Master, in case the parties differ about the same.

Where the Master finds that the party is a lunatic, or of unsound mind, and possessed of funds within the meaning of the act, and that such trustee has no beneficial interest therein, on the confirmation of the Master's report an order will be made, that the proper officer of the Bank or other public company do transfer, or, if there are other trustees,

join in transferring the funds vested in the lunatic to the parties interested, who will be directed to pay the costs of all parties.

On the petition of the parties entitled to the equity of redemption of an estate, it was referred to the Master to inquire whether a mortgagee, who had not been found a lunatic by inquisition, was an idiot, lunatic, or of unsound mind, and if so, whether he was seised of the estate mentioned in the petition, as a trustee or mortgagee within the meaning of the act 11 Geo. 4 & 1 Will. 4, c. 60, and whether he had any and what beneficial estate or interest therein; and if the Master found the party to be such mortgagee, the Master was to certify whether any thing and what was due for principal and interest on the mortgage, and whether the said mortgagee was entitled thereto, or to any and what part thereof, in his own right, and for his own benefit, or in trust for any other persons, and whom. And, if it was found that such mortgagee was entitled to such principal and interest for his own benefit, then it was further ordered, (in the event of such money and interest not exceeding the sum of 7007.), that the said Master should inquire and certify who were the most proper persons to be appointed on the behalf of the lunatic mortgagee, to receive the amount to be so found due to him, and in his place to reconvey the estate in mortgage (c). The Master having found that the party was a mortgagee within the act, and that he was entitled to the principal and interest due on the mortgage, in his own right, and for his own benefit, on the confirmation of such report, it was ordered that it should be paid to the person approved by the Master, who was directed to settle and take such security for the due application of such mortgage money and interest, as he might consider proper and sufficient, and the costs (except those of the reconveyance) were directed to be paid out of such money (d).

In order to obtain a transfer of any stock vested in a lunatic not so found by inquisition, it will be referred, on the petition of the parties beneficially interested, to the

(c) In re Huntsman, 17th August, 1831. (d) Id. 21st Feb. 1832.

Master in rotation of the Court of Chancery to inquire and certify whether the party is an idiot, lunatic, or of unsound mind; and, if the Master find in the affimative, then, whether the trustee is possessed of the fund in question, either alone or jointly with any other persons, and whom, as a trustee upon any and what trusts within the meaning of the act, and whether the party has any and what beneficial interest therein, and whether there are any and what incumbrances affecting the same (e). The Master found by his report under the last reference, that a testator had by his will directed that, in case either of his daughters should marry during the widowhood of his wife with the consent of his trustees for the time being, they should thereupon advance and pay to such daughter a portion of their respective shares of the trust funds bequeathed to them; and that one of the trustees was of unsound mind and had no beneficial interest in the trust fund; and that one of such daughters had married with the consent of the sane trustees. The Lord Chancellor, on the petition of the married daughter and her husband, confirmed the Master's report, and ordered the proper officer of the West India Dock Company, in the place of the lunatic trustee, to join with the other trustees in transferring part of the West India Dock Stock (standing in the names of all the trustees), as part of the portion of the daughter under the will, into the names of the trustees appointed by articles made on her marriage, upon the trusts thereby declared (f).

The Lord Chancellor can, if he think proper, on being satisfied that a trustee is of unsound mind, and that the property sought to be transferred is vested in him upon trust, and that he has no beneficial interest therein, order a conveyance and transfer of lands and money in the funds. to new trustees without any reference to the Master (g).

If the stock or fund which is required to be transferred belongs to a married woman, and the husband applies to

(e) In re Comber, 13th May, 1831. (ƒ) Id. 11th Aug. 1831.

(g) In re The Earl of Liverpool, 11th Aug. 1828.

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receive it, the wife must be examined in Court in the usual way, if resident in this country, or, if not, by commissioners abroad, to be appointed for that purpose, in order to consent to the proposed transfer or payment. Thus, where stock in the 3 per cent. Consol. Bank Annuities was standing in the name of a lunatic trustee, on the petition of the husband and wife, it was ordered that the wife should be at liberty to attend certain commissioners at Calcutta, who were to examine her apart from her husband, as to whom and in what manner, and for what purposes, she was willing and desirous that such stock should be transferred or disposed of; the commissioners having certified that the wife, on her examination, declared that she was desirous that the stock should be transferred, and paid to her husband for his own use and benefit, and that the wife did freely and voluntarily consent to the same, an order was made, on the petition of the husband and wife, for transfer of such stock and the payment of the dividends thereon, to certain persons named in a power of attorney executed by the husband and wife, for his sole use and disposal (h).

5. By statute 11 Geo. 4 & 1 Will. 4, c. 60, s. 22, the Lord Chancellor, intrusted as aforesaid, may in certain cases appoint any person to be a new trustee, by an order to be made on a petition to be presented for a conveyance or transfer under that act, after hearing all such parties as the Court shall think necessary; and thereupon a conveyance or transfer shall be executed, so as to vest such land or stock in such new trustee, either alone or jointly with any surviving or continuing trustee, as effectually as if such new trustee had been appointed under a power in any (h) In re Notley, 19 November, wife, and an office copy of the affida1830. vit of the due signing of the examination and certificate, and an office copy of the affidavit verifying the signature of the affidavit, and the joint affidavit of the husband and wife, and the letter of attorney of the petitioners, were produced, on making the above order.

An office copy of the examination and declaration of the wife, with the joint certificate of the commissioners of the due taking of such examination, an office copy of the certificate of a Notary Public residing at Calcutta, verifying the signature of the

instrument creating or declaring the trusts of such land or stock, or in a suit regularly instituted.

Where the petition of the surviving trustee stated a deed conveying real estate to three trustees, upon certain trusts, with a power for the surviving or continuing trustees or trustee to appoint new trustees, the death of one of them, and that another trustee had, subsequently to the execution of the trust deed, become and then was of imbecile and unsound mind, and incapable of managing his affairs, and a deed poll of the other trustee appointing two new ones in the place of the deceased trustee and the imbecile trustee, it was referred to the Master in rotation of the Court of Chancery, to inquire and certify whether such trustee was an idiot, lunatic, or of unsound mind, or incapable of managing his affairs; and, if so, then to inquire and certify whether he was seised or possessed of the estate mentioned in the petition, or of any part thereof, either alone or jointly with any other persons, and whom, within the meaning of the act of the 11 Geo. 4 & 1 Will. 4, c. 60; and whether such trustee had any beneficial interest therein: and in case the Master should find such trustee to be so seised or possessed, either alone or jointly with any other trustees, but who were deceased or unwilling or incapable to act in the trusts, then he was to inquire and certify, whether there was any power under such deed, or otherwise, to appoint new trustees of the estate of which the lunatic was so seised, and by whom and by whose direction such power had been or ought to be exercised, and whether any persons had been duly appointed new trustees in pursuance of such power, and whether such persons as had been so appointed were then living and willing and capable to act in the trusts; but, if the Master should find that there was no such power, then it was further ordered, that he should inquire and certify who was the most fit person to be appointed such trustee in the room of the lunatic: and, on such new trustee being duly appointed as aforesaid, or approved by the Master, it was further ordered, that the Master should approve of a proper person in the place of the lunatic to convey the estate so vested in