A TESTATOR'S PROPERTY

Evening Post, Volume LXXXVIII, Issue 23, 27 July 1914, Page 8

A TESTATOR'S PROPERTY

ALLEGATION OF IMPROPER SALE CLAIMS TO BE HEARD TOGETHER BEFORE JUDGE. His Honour the Chief. Justice,' Sir Robert Stout, to-day delivered his decision in the action Horace Oswald Death and others versus Frederick Charles Death and others. The case was heard in Chambers on 24th July, being a summons to strike out the name of F. C. Death as a defendant or to amend the statement of claim in the direction of a severance. The action was .commenced by beneficiaries under the will of one George Death. The testator left certain landed properties and appointed Henry John Death, Albert Ernest Death, ■ and Thomas Death, three of the defendants in the action, and William H.' Gibson, who' renounced the trusts of the will, trustees of his property.. The trustees of the will were, it was alleged, to sell these properties. Acting, it was said, in pursuance of the trusts in the will, the trustees mentioned appointed auctioneers to sell a substantial part of the properties of.the testator in four lots.

_■ The allegation was that the sale was improperly conducted and that tho trustees were guilty of a breach of trust. It was also alleged that two of the trustees purchased part of the properties through agents, viz., that Lot 1 was purchased by Albert Edward. Death, also that Thomas Death purchased Lot 3. Specific relief was claimed against these trustees. _lt was also alleged that Lot 2 was collusively with the trustees purchased by the delendant Frederick Charles Death, and that the sale was; collusive and improper. The relief claimed against, F. C. Death was that he should hold as trustee of the estate the pTofit he made on this purchase. There was also a claim that the trustees be removed from office and that the trust estate should be administered under the direction of the Court. His Honour found that the balance of convenience rested with allowing, all the claims to be tried together and-be-fore a Judge alone. The plaintiffs' counsel agreed to the trial being before a Judge alone—were it otherwise ho should have severed the claim against F. C. Death from the claim against the trustees. ' The summonses were dismissed with £2 2s costs each, to be costs in tho cause and to be dealt with by the Judge at the trial.

Mr. H. D. Bell, K.C., appeared for the' defendants in support of the summons, and Mr. C. P. Skerrett, K.C., opposed on behalf of the plaintiffs.