differ about the same (). And I do think fit, and hereby appoint [new trustees], respectively named in the said report, to be new trustees of the trust funds and premises hereinafter mentioned, in the room of the said [lunatic] and the said [other trustees], therein also named. And I do hereby order, that the said [committee], as such committee as aforesaid, do, upon such release and indemnity being given as aforesaid, transfer the £—— [stock] mentioned in the said report to be standing in the name of the said lunatic alone, in the books of the Governor and Company of the Bank of England; and do also join with the said [other trustees] in transferring the £— [other stock] mentioned in the said report to be standing in the name of the said [lunatic] and the said [other trustees], as survivors in a joint account with, both deceased, into the names of the said [new trustees], as such trustees as aforesaid, to be by them respectively held and applied upon the trusts, and to and for the ends, intents, and purposes mentioned, expressed, and declared of and concerning the same, in and by the will of the said [testatrix] hereinbefore mentioned. And I do hereby further order, that the said [committee], as such committee as aforesaid, do receive the dividends due and to accrue due on the said £- [stock] previously to the respective transfers thereof hereinbefore directed, and do pay the same to [the tenant for life] named in the said report. And I do hereby further order, that it be referred to

the Master to whom this matter stands referred, to tax the reasonable and proper costs, charges, and expenses of the petitioners, and of the committee of the estate of the said lunatic, incurred in and about the obtaining the order made in this matter on the day of —— last, and of the proceedings consequent thereon, and of this application and incident thereto. And I do hereby further order, that what the said Master shall certify to be the amount of such costs and expenses when taxed, be raised the said [new trustees], as such new trustees as aforesaid, by sale of a sufficient part of the said £- -[stock], when transferred into their names as herein before directed. And I do hereby further order, that the same, when so raised, be paid by the said [new trustees] to the solicitors of the said petitioners and of the said committee; and let due notice of attending the said Master be given to the said committee, and to all parties interested.

(1) See form of a similar release, post.

PETITIONS RELATING TO LUNATIC TRUSTEES AND MORTGAGEES, NOT FOUND SUCH BY INQUISITION (m).

Petition for a Reference to the Master, and for the Appointment of a Person to convey Lands on behalf of a Lunatic Trustee.

IN the matter of [the trustee], a person of unsound mind, not found such by inquisition.

To the Right Honourable the Lord High Chancellor of Great Britain. The humble petition of [persons beneficially interested.] SHEWETH,

That [Statement of the instruments creating the trusts, and how the legal estate in the property had become vested in the trustee, and the beneficial interest in the petitioners.]

That the said [trustee] is now, and has been for many years past, a lunatic, and in confinement as such in the city of York, but no commission in the nature of a writ de lunatico inquirendo has ever issued to inquire of the state of mind of the said [trustee].

That your petitioners are desirous of having the legal estate of and in the said hereditaments, which remains vested in the said [trustee], conveyed to your petitioners according to their respective interests therein.

Your petitioners, therefore, most humbly pray, that your Lordship will be pleased to appoint some proper person in the place of the said [trustee], to convey in such manner as your Lordship shall think fit, the hereditaments and premises now vested in the said [trustee] as aforesaid, to your petitioners respectively, as your petitioners respectively shall appear to be entitled to the same hereditaments and premises; or that your Lordship will make such further or other order in the premises as to your Lordship shall seem just.

And your petitioners will ever pray, &c.

Order thereon.

That it be referred to the Master in rotation of the High Court of Chancery, to inquire and certify whether the said [trustee] is an idiot, lunatic, or of unsound mind; and in case the said Master shall find the said [trustee] to be an idiot, lunatic, or of unsound mind, then he is to inquire and certify whether he is seised or possessed of the hereditaments and premises comprised in the indentures of lease and release of the and -days of, in the said

(m) See ante, pp. 382-386.

petition mentioned, or of any and what part or parts thereof, either alone or jointly with any other person or persons, and whom, as a trustee or trustees, upon any and what trusts, or by way of any and what mortgage, and for whom, within the intent and meaning of an act of Parliament made and passed in the first year of the reign of his present Majesty King William the Fourth, intituled, An act, &c. [title, ante, p. 517]. And whether the said [trustee] hath any and what beneficial estate or interest in the said hereditaments and premises, or in any and what part or parts thereof. And in case the said Master shall find the said [trustee] to be such trustee, then he is to inquire and certify who is or are a fit and proper person or persons to be appointed on the behalf of the said [trustee] being so idiot, lunatic, or of unsound mind, and in his name to convey and assign the said hereditaments and premises, or interest, whereof he may be found to be so seised; and after the said Master shall have made his report, such further order shall be made as shall be just; and let due notice of attending the said Master be given to all parties interested in the matters aforesaid,

Petition to confirm the Master's Report, finding — a Trustee, to be of unsound Mind; and to appoint a Person to convey in his place.

To the Right Honourable &c.

The humble petition &c.

SHEWETH,

IN the matter &c.

That, by an order made by your Lordship in this matter, on the petition of your petitioner, bearing date the 24th day of March, 1831, it was ordered, that it should be referred to the Master in rotation of the High Court of Chancery, to inquire [the last order of reference was recited].

the said Master in ro

That in pursuance of the said order, tation to whom this matter was thereby referred, made his report, bearing date the 31st day of August, 1831, and thereby certified that he had been attended by the solicitor for the petitioner, and had proceeded on the said reference; for which purpose an office copy of the will of, and divers deeds hereinafter referred to, and the affidavits thereinafter stated, had been produced and read before him; and he found [the will creating the trusts, and the affidavits, were here set forth]. And upon consideration of the matters thereinbefore set forth, and of what had been alleged before him, touching the same, by the solicitor for the petitioner, the said Master was of opinion, and did find, that the said [trustee] was a person of unsound mind, and that he was seised or possessed of the hereditaments and premises comprised in the indenture of thereinbefore and in the said petition mentioned, jointly with the said petitioner, upon

the trusts mentioned and declared in and by the will of the said thereinbefore in part set forth concerning the same hereditaments and premises; and that he was such trustee within the intent and meaning of the act of Parliament made and passed in the first year of the reign of his present Majesty King William the Fourth, intituled An act, &c. [title, ante, p. 517]; and he found, that the said [trustee] had not any beneficial estate or interest in the said hereditaments and premises, or any part thereof. And he also certified, that a proposal had been laid before him on the behalf of the petitioner, whereby [nominee], of, Gent., was proposed as a proper person to be appointed on behalf of the said [lunatic trustee], and in his name, to convey and assure the said hereditaments and premises; and that he had considered the said proposal, and did approve thereof; and he did, therefore, find that the said [nominee] was a fit and proper person to be appointed on behalf of the said [lunatic trustee] being so of unsound mind, and in his name to convey and assure the said hereditaments and premises whereof he was so seised as aforesaid, &c.

Your petitioner, therefore, humbly prays your Lordship, that the

Master's said report, bearing date the 31st day of August, 1831, may be absolutely confirmed, and that [nominee], of &c., may be directed and appointed by your Lordship, as a fit and proper person on behalf of the said [lunatic trustee], being so of unsound mind, as in the said report mentioned, and in his place, to convey and assure, or join in conveying and assuring, the hereditaments and premises whereof he is so seised as in the said report also mentioned, to the uses, upon the trusts, and for the intents and purposes limited, expressed, and declared of and concerning the same, in and by the said will of the said [testator]; or that your Lordship will be pleased to make such further or other order in the premises as to your Lordship shall seem just.

And your petitioner shall ever pray, &c.

Order thereon upon hearing counsel for the petitioner and the trustee. That the Master's said report be confirmed. And I do hereby appoint [nominee], of, Gent., in the said report named, in the place of the said [lunatic], being of unsound mind as therein mentioned, to convey and assure. And I do hereby direct the said [nominee], in the place of the said [lunatic], to convey and assure, and to join with all necessary parties in conveying and assuring, the hereditaments and premises whereof the said [lunatic] is found to be seised, as in the said report mentioned, unto the said [new trustee], to the uses, upon the trusts, and for the ends, intents, and purposes, limited, expressed, and declared, of and concerning the same, in and by the will of the said [testator] in the said report mentioned.

Petition for a Reference to appoint New Trustees of Stock in the Place of a Lunatic Trustee.

IN the matter of [lunatic trustee], a person of unsound mind, not found such by inquisition.

To the Right Honourable &c.

The humble petition of [the parties beneficially interested]. SHEWETH,

That-[A will creating the trusts of certain stock was stated.]

That there is now standing in the names of [deceased trustees and the lunatic trustee], upon the trusts of the said will, the sums of £- [stock] hereinafter mentioned, (that is to say), [the sums should be stated].

That the said [lunatic trustee] is now of unsound mind, though not found such by inquisition, and incapable of executing the trusts reposed in her by the said will.

That the said several sums of [stock] have never been transferred in pursuance of the will of the said testatrix, to the trustees hereinbefore mentioned, but still continue in the name of the said [lunatic trustee], in the books of the Governor and Company of the Bank of England.

Your petitioners, therefore, most humbly pray, that your Lordship will be pleased to direct, that it may be referred to one of the Masters of the High Court of Chancery, to inquire and certify whether the said [lunatic trustee] is possessed of the said [stock], as a trustee of unsound mind 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]. And also to inquire and certify who is or are the most fit and proper person or persons to be appointed a trustee or trustees in the room of the said [lunatic trustee], in such of the trusts herein before mentioned and set forth, as to which she has become the sole surviving trustee; or that your Lordship will be pleased to make such further or other order in the premises as to your Lordship shall seem meet.

And your petitioners will ever pray, &c.

Order thereon.

That it be referred to the Master in rotation of the High Court of Chancery, to inquire and certify whether the said [lunatic trustee] is an idiot, lunatic, or of unsound mind; and in case the said Master shall find the said [lunatic trustee] to be an idiot, lunatic, or of unsound mind, then he is to inquire and certify whether she is possessed of the several stocks, funds, annuities, or securities, mentioned in the petition to have been bequeathed by the will of [testator], deceased, therein named, or of any or either, and which,