A CURIOUS WILL

Auckland Star, Volume XXXVIII, Issue 172, 20 July 1907, Page 13

A CURIOUS WILL

BABOH TOLIiEMACHE GETS INAO DIFFICULTIES. Hot? yeans Baron Tollemache, of PecfcfortoD Castle, Tarporley. Cheshire, learned not to "stupidly" incur expenditure he conld not dlscJi=.rge, -was related on Thursday Jane 6th, to Mr Justice Kekewich. Ttte trustees of the settled estates, which include Helmingnam Hall, StoTrmarfcet, Sulfolfc as well as Peckforton Castle, asbed the court to say whether, under the somewhat remarkable -svill of the late baron they had power to advance Lord Tollemache £10,000 to meet ids debts to Tarious tradesmen. Mr Ogden Lawrence. K.C., said that the will of the late baron created a discretionary trust in favour of Lord Tollemacne. who under an agreement with the trustees was now in occupation. At tie present time the set rental jns onJj bctveca £*C3O ami SSm.

The trustees had agreed to allow the 'baron £1600 a year for the upkeep of. the. castle, but this young man, who came into possession, when he reached h*s majority three years ago, had stupidly incurred expenditure in putting the castle in good order without seeing his •way to pay for it. He had employed the tradesmen in and about Cheshire to mate alterations and repairs, build conservatories and a carnation house, instal electric light, etc, and so incurred indebtedness to the extent of about £10.000, thinking he had only to ask the trustees for it The trustees, however, proposed to deduct it from his income The baron had learned his lesson.. If the money was not forthcoming, he would be made a bankrupt, and he wonld be responsible iV the ruin of all these poor tradesmen in Cheshire. The judge said that after carefully studying this most extraordinary will, he concluded that Lord Totlemache had no estate in the property, and never would hare. The direction to the trustees was: — "It shall be lawful for the trustees during his (Lord ToUemache's) lifetime to permit him, his wife, and children to occupy and enjoy the settled mansions or either of them, with the furniture, effects, gardens, parks, and appurtenances, on such terms as he and the trustees can arrange." All he could authorise them to do was to raise the £10,000 on mortgage for the purpose of discharging the liabilities and putting Lord Tollemache in a better position.