« ForrigeFortsett »
acts required of him by the said rule in that behalf, may be obtained more fully and satisfactorily if such visitations of the prison should be held under orders made from time to time by this Court in term-time, or by one of the Judges of the court in vacation. It is hereby ordered, that so much of the said rule as orders that the Master of the Crown Office do from time to time, as well in vacation as in term-time, visit the King's Bench prison, and do the several other acts required of him by the said rule in that behalf, be, and it is hereby discharged. And it is hereby ordered, that if any petition, verified by affidavit, complaining of any grievance within the said prison, shall be delivered by any prisoner to the marshal or any of his officers, for the purpose of being presented to the Court in term-time, or to one of the Judges thereof in vacation, the marshal, or such officer to whom the same shall be delivered, shall forthwith present the same accordingly, and without fee or reward, to any person whatsoever, directly or indirectly in that behalf.
By the Court.
In the course of this term Vitruvius Lawes, Esq. of the Inner Temple; John Cross, Esq. of Lincoln's Inn ; and John Doyley, Esq. of the Middle Temple, were called to the degree of Serjeants 'at Law. They gave rings, with the motto “ Pro Rege et Lege.”
END OF HILARY TERM.
In the Fifty-ninth Year of the Reign of George III.
STEPHEN SHarp and Another against DANIEL Wednesday, SHARP. (a)
DECLARATION stated that one D. Sharp, since A. by his will
deceased, was lawfully possessed of a certain large scana personal estate, and was also seised in his demesne, as R. L. R. a sum
trust; and to M. S., R. S., and G: A.D., certain personal property upon trust; and then devised his real property to R. S. and GiA. D., also upon trust; and then directed that if either of his said trustees, the said R. S. and R. L. R., so far as applied to the trusts reposed in them respectively, or the said M. S., R. S., and G. A. D., so far as applied to the trusts reposed in them respectively as aforesaid, should decline to act, &c., it should be lawful for the survivor of the trustees so acting in the trusts wherein such vacancy should happen, or the executors or administrators of the last surviving trustee, to appoint other trustees : Held, first, that this power only extended to the two first classes of trustees, and not to the trustees of the real estate; held, secondly, that it was not well executed by the two trustees, both of whom had wholly declined to act in the trust.
(a) The Judges of this court sat at Serjeants' Inn Thursday the 220 day of April, and on the secceeding days till the term, and heard this and several of the following cases argued by counsel, and delivered their opinions as on former occasions, (see p. 1.); and the Court afterwards gave judgment on the day on which the cases are now reported. Vol. II. Ee
SHART against -SHARE.
of fee, of and in certain real estates, to wit, a certain dwelling-house, and certain buildings, gardens, and premises, situated, &c. wherein he, the said D. Sharp, then resided, and of and in divers other real estates situated in the same parish, and in the parish of Shalford, in the same county; and being so seised thereof, he, the said D. Sharp, duly made his last will and testament in writing, duly executed to pass real estates, and thereby, after giving and bequeathing divers specific and pecuniary legacies, gave and bequeathed to his friends R. Sharp and R. L. Rice 10001., upon trust to invest the same in government or real security, and to pay the interest thereof to his daughter Elizabeth Clarke for her life, and after her decease, to apply the said sum for her children, &c. &c.; and all the residue of his personal estate he gave and bequeathed to his wife, Mary Sharp, and the said R. Sharp and his friend G. A. Davis of London, merchant, and to the survivor and survivors of them, and to the executors and administrators of the last survivor of them, upon divers trusts therein mentioned, and the testator also gave and devised unto his wife and her assignees, during her natural life, the said dwelling-house, &c.; and also devised unto the said R. Sharp and G. A. Davis, and to the survivor of them, and to the heirs of such survivor, all his real estates whatsoever situate in the parishes aforesaid, upon trust to receive the rents and profits as the same should become due, to pay the same to his wife for her life; and from and after her death he gave
and devised his said last-mentioned real estates, and also his said dwelling-house, &c., unto the said R. Sharp and G. A. Davis, and to the survivor of them, and the heirs of such survivor, upon trust, and after the
SHARP against SHARP.
death of his wife, to sell the same; and he directed that the receipt of the said trustees, or the survivor of them, or the heir of such survivor, should be a good discharge for the purchase-money; and then came a proviso, that in case either of his said trustees, the said R. Sharp and R. L. Rice, so far as applied to the trusts reposed in them respectively, or the said Mary Sharp, R. Sharp, and G. A. Davis, so far as applied to the trusts reposed in them respectively as aforesaid, should happen to die, or desire to be discharged from, or neglect, or refuse, or become incapable to act in the trusts thereby in them reposed, before such trusts should be fully performed or determined; in such case it should be lawful for the survivors or survivor of the trustees so acting in the trusts wherein such vacancy should happen as aforesaid, or the executors or administrators of the last surviving trustee, by any writing under their or his hand and seal, to be attested by two or more credible witnesses, from time to time to nominate and appoint any other person or persons to be a trustee in the place of the trustee or trustees so dying, desiring to be discharged, or refusing, or becoming incapable to act as aforesaid; and that when and so often as any new trustee or trustees should be so appointed as aforesaid, all the trust estates, monies, &c. should be conveyed and assigned, so that it might be legally vested and continued in the surviving or continuing trustee or trustees, and such new trustee or trustees; or if there should be no continuing or surviva ing trustee, then in such new trustee or trustees only upon the same trusts, &c. as were thereinbefore declared concerning the same trust estates, monies, &c. The declaration then stated that D. Sharp died seised and
SHARP against SHARP.
possessed as aforesaid, without having revoked or altered his will, and that R. Sharp and G. A. Davis, by the said devise, were seised of the remainder of the said dwelling-house, &c., from and after the death of Mary Sharp as of fee and right, and of the said other real estates in their demesne as of fee; and being so seised, the said R. Sharp and G. A. Davis before the said trusts were fully performed or determined, to wit, on the 17th February, 1815, refused to act in the said trusts reposed in them, and thereupon, by a certain indenture of bargain and sale made by and between the said R. Sharp and G. A. Davis, and the said S. Sharp and R. Winter, for a certain consideration, bargained and sold the said remainder, and the other real estates, to the said S. Sharp and R. Winter habendum for one year; by virtue whereof, and by force of the statute for transferring uses into possession, the said R. Winter and S. Sharp became possessed of the same accordingly, and being so possessed, and the said R. Sharp and G. A. Davis being seised of the reversion thereof they, by release attested by two credible witnesses, released the same reversion unto the said S. Sharp and R. Winter, and to their heirs. The declaration then stated that the plaintiffs being seised as aforesaid, Mary Sharp on the 31st September, 1816, died, upon whose death the plaintiffs came to be seised of the dwelling-house, &c. in their demesne, as of fec, and that from thenceforth they have been seised of the said dwelling-house and of all the other real estates, upon the trusts mentioned in the will, and that being so seised they offered the same for sale, and that by a certain agreement, made between . plaintiffs and defendant, they agreed to make a good title, both at law and equity, upon payment of the pur