Petition of the Committees of the Estate for a Reference as to completing a Contract for the Purchase of an Estate for the Lunatic. IN the matter of To the Right Honourable &c. a lunatic. That-[Statement of the commission and inquisition, the appointment of committees, the grant of the custody.] That the said lunatic is tenant for life in possession of an estate in - called, being the family estate of the said lunatic, the annual rental whereof amounts to £, and upwards. That a piece of freehold land, containing acres or thereabouts, lying contiguous to the said estate and convenient to be held therewith, having been offered for sale, your petitioners, on behalf of the said lunatic (but subject to your Lordship's approbation), have contracted with the owner, for the purchase thereof at the sum of 471. per acre. That a certain farm house, lands, and hereditaments, containing in the whole acres, or thereabouts, also lying contiguous to the said estate of the said lunatic, and convenient to be held therewith, having been likewise offered for sale, your petitioners, on behalf of the said lunatic, (but subject to your Lordship's approbation), have contracted with -- "" the owner, for the purchase thereof at the sum of 500l. [Some good reason for the proposed purchase should be shewn]. Your petitioners, therefore, humbly pray your Lordship, that And your petitioners will ever pray, &c. (e). (e) The substance of the order of reference is stated ante, p. 184. Prayer of a Petition that the Committee may enter into a Contract for Purchase approved by the Master. That your petitioner, as the committee of the estate of the said lunatic, may be at liberty, subject to the approbation of the Master, to enter into a contract or contracts for the purchase of one or both of the estates in the said report mentioned to be situate in &c., in the name and on the behalf of the said lunatic; and that the said estates when purchased may be deemed and considered as personal estate to the extent of the sum which may be raised by sale of the Bank Annuities standing in the name of the Accountant-General of the Court of Chancery on the credit of this matter. Petition of Committee of the Estate, to confirm the Master's Report and to complete a Purchase. To the Right Honourable &c. IN the matter of a lunatic. The humble petition of &c., the committees of the estate of the above-named lunatic. SHEWETH, [Statement of the order of reference to the Master as to purchase, and his report thereon, finding that it would be for the benefit of the said lunatic's estate that the contract for the purchase of lands should be carried into effect, that a good title could be made to the same, that the purchase-money should be paid by the committees out of the rents of the lunatic's estates, and the amount thereof charged upon the lands purchased and be considered as part of the said lunatic's personal estate]. Your petitioners, therefore, most humbly pray your Lordship, that the said Master's said report, bearing date the day of, may be confirmed; and that your petitioners, as the committees of the estate of the said lunatic, may be at liberty on his behalf to complete the purchase of the said lands and hereditaments so as aforesaid contracted to be purchased of the said [vendor], and to pay the purchase-money for the same out of the rents and profits of the said estates of the said lunatic, and that they may be allowed the same on passing their accounts before the said Master; and that it may be referred back to the said Master to settle and approve of a proper conveyance of the said lands and heredi taments so contracted to be purchased of the said [vendor,] and appoint two fit and proper persons to whom the said lands and hereditaments may be conveyed in trust for the said lunatic, the said conveyance to contain a declaration that the rents and profits of the estates of the said lunatic, to be applied in payment of the said purchase-money, shall Б В В form a lien on the said lands and hereditaments so as afore- PETITION OF A CURATOR. For a Reference to the Master, to inquire whether the Party beneficially interested in Stock had been found a Lunatic (g). That, by an inquisition taken according to the usage and custom of Scotland (h), by the Sheriff Substitute of Aberdeenshire, pursuant to mandate, it was (among other things) found that the said [lunatic] was at the time of taking the same, and had been from the day ofincompos mentis and fatuous; and that the petitioner was the next of kin and lawful cousin on the paternal side of the said [lunatic], and was over and above the age of twenty-five years. That, by a letter of gift of curatory, dated Edinburgh, the day of --under testimony of the seal ordained by the treaty of Union to be kept and used in Scotland in the place and stead of the Great Seal, your petitioner was made, constituted, and ordained lawful curator of the said [lunatic], and administrator of all and singular his lands, hereditaments, annual rents, possessions, and goods, moveable and immoveable. Or, instead of the above allegations, the following statement of the appointment of a curator bonis (f) The substance of the order made for completing the purchase is stated, ante, p. 184. (g) See ante, pp. 194, 196, 514. "That, by an act and decreet of the Court of Session in Scotland, bearing date the - day of and made upon the petition of [names of the wife and children of the lunatic and two others], the nearest collateral relations on the father's and mother's side of the family of the said [lunatic], after reciting, that for nearly two years past the mental faculties of the said [lunatic] had been considerably impaired, so much so, as to render him quite unfit for attending to any business, or for conducting his own affairs, and that be then continued in such state, as appeared by the medical certificates therein mentioned or referred to, and reciting, that the said lunatic was proprietor of the estate of, in the county of Dumfries, and had vested part of his fortune in India Stock; and that it had been found that the said estate could not be managed beneficially, nor the dividends on the India Stock uplifted, without the aid of a curator bonis; and reciting, that the said petitioners, by their said petition, prayed that your petitioner might be appointed curator bonis to the said [lunatic], with the usual powers; and that such appointment should subsist until it should be competently recalled, your petitioner finding sufficient security before extract; and reciting, that the said petition had been read and considered by the Lords of Council and Session, on the day of —; and that their Lordships had appointed the same to be intimated in the minute book, and on the walls for eight days; and that the said petition had been duly intimated in terms of the foresaid interlocutor; and reciting, that a bond of caution had been accordingly given in, the Lords of Council and Session did nominate and appoint your petitioner to be curator bonis (i) to the said [lunatic], with the usual powers, and did decern that, upon the ingiving of the aforesaid bond, which had been since given in, the said act and decreet should be given out." That the said [lunatic] is entitled (amongst other things) to the sum of [description of stock], standing in his name, in the books of the Governor and Company of the Bank of England. That your petitioner is desirous of having such stock transferred into his own name, and of receiving the dividends now due thereon. Your petitioner, therefore, humbly prays your Lordship, that it may be referred to one of the Masters of the High Court of Chancery, to inquire whether the said [lunatic] has beer declared a lunatic within the intent and meaning of an act of Parliament made and passed in the first year of the reign of his Majesty King William the Fourth, intituled 'An act, &c. [title, ante, p. 502]; and whether the personal estate of the said [lunatic] has become vested in your petitioner as curator [or, curator bonis], according to the laws of Scotland, where the said [lunatic] resides; and in case the said Master shall find that the said [lunatic] has been declared a lunatic, and that his personal estate has become vested in your petitioner (i) See ante, p. 32. as curator [or, curator bonis] as aforesaid, that some proper person may be appointed, either to transfer the said sum of [stock], now standing in the name of the said [lunatic] in the books of the Bank of England as aforesaid, into the name of your petitioner, and to receive the dividends now due on the said stock, and make payment thereof to your petitioner, or to transfer the said sum of £—— [stock] into the name, and with the privity, of the Accountant-General of the said Court of Chancery, to the credit of an account to be intitled "The Account of ——, Esq., a lunatic,” and to receive the dividends due on the said stock, and pay the same (the amount thereof to be verified by affidavit,) into the Bank, with the privity of the said Accountant-General, to the credit of a like account, or otherwise, as to your Lordship may seem meet. And your petitioner shall ever pray,&c. The substance of the usual order made on a petition of this kind is stated, ante, p. 195, the Master was also directed to inquire whether the curator had given security for the application of the stock. PETITIONS RELATING TO LUNATIC TRUSTEES SO FOUND BY INQUISITION(j). Petition for Reference to the Master, to inquire whether Lunatic is a Trustee. To the Right Honourable &c. The humble petition &c. SHEWETH, IN the matter, &c. That-[The inquisition of lunacy, and the appointment of committees, and the deed by which real estate was conveyed to the lunatic in trust for the petitioner, were stated]. That the legal estate in fee simple of and in the said hereditaments and premises, comprised in the before-stated indentures of [date], is now, as your petitioner is advised, vested in the said [lunatic], as a trustee for your petitioner, within the intent and meaning of an act of Parliament, passed in the first year of the reign of his present Majesty King William the Fourth, intituled An act, &c. [title, ante, p. 517]. Your petitioner, therefore, most humbly prays, that your Lord (j) See ante, pp. 375-382. |