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THE OUTRAGE ON A BRECON SHIRE…

^ |NTELJjIGEN

BANKRUPTS, LIQUIDATIONS, &C.I

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[THE MONMOUTH DIVORCE I CASE.…

THE ABERYSTWITH COLLEGE.

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uiJS MILFORD DOCKS COMPANY.

THE WEST OF ENGLAND BANK V.…

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THE WEST OF ENGLAND BANK V. MURCH. This summons, which came before Mr. Justice Fry, sitting at Lincoln's Inn, on Saturday, was to obtain a declaration of the court as to the validity of the purchasers' objections to the title of the vendors. In the first place, the summons asked that the agreement with Spence and Co. for the purchase by them of the Melingriffith Works, near Cardiff, with the tin-plate works, &c., connected with them be confirmed; but, an objection being taken to the form of summons, on the ground that there had been no certificate and the title was bad, his Lordship consented to its amendment. -^Mr. Montague <Jookson, Q.C., appeared for the Messrs. Spence and Co" the proposed purchasers of the property, and Mr. Horace Davey, Q.C., Mr. Everett, Q.C., and Mr. Phipson Beale represented the liquidators of the West of England Bank.— Mr. Cookson said the simple question foe his lord- ship to decide was whether a good title had or had not been shown. The contract for sale was dated the 14th of September, 1881, the vendors being the official liquidator and the purchasers Messrs. Spence and Co. The subject matter of ths sale was some very large and extensive property, com- prising coal and iron mines and iron and tin-plate works, near Cardiff, known as those of Booker and Co. Mr. Spence, one of the purchasers, had made an affidavit in which he set forth the principal objections to the title shown by the omcial liqui- dator. In the first place, the lease under which the property was held, and which was dated 1772, was a voidable lease. The lease was made between J. Powell on, the one part and the firm of Reynolds and Co. on the other part. It was by a tenant in tail, who had not barred the entail, and the remainderman might, therefore, now come in and cancel it. There was provision made in the lease for confirmation, but there was nothing to prove that the remainder man had confirmed it. To a requisition as to whether the lease was still voidable the vendor replied that there had been peaceable possession of the works for, say, 100 years, on payment of the rent, but no evidence was given as to the right of the remainder man still to come in and evict. There was one other point on which objection was taken to the vendor's title. The whole pro- perty comprised in the contract, both freehold and leasehold, was formerly held by Messrs. J. P. and T. W. Booker as tenants in common in equal shares. J. P. Booker died in 1868, having left all bis real and personal estate on trust to Messrs. Langley and Werrington, that they should either immediately, or at such later time as they thought fit, sell and" convert it into money, pay his wife £1,000 a year, and after the decease of his wife divide the remainder among his children, the sons to receive their share when they attained 21, and the daughters theirs when they attained that age or married. One of the two trustees thus ap- pointed renounced the trust, and the other subse- quently appointed Clara Georgina Booker sole trustee of the testator. This was, he contended, an improper appointment, as there was no power in the will of appointing new trustees. In 1872 T. W. Booker, the surviving partner, and Clara Geor- gina Booker concurred in selling the entirety of the property to T. W. Booker & Co., Limited, part of the purchase money, which amounted to £425,000, being payable in debentures, and the remainder in cash. It was evident that if this lady was not properly appointed as trustee she had no power of selling the moiety, and certainly she had no power to accept part of the purchase money in deben- tures, and this objection went to the root of the title of the trustee. The compaDY at the time of the sale had only just been formed, and the amount paid in cash was £ 145,000, whHe, the remaining £280,000 was paid in debentures. At this point the further hearing of the case was adjourned. In the Chancery Division of the High Court of Justice on Monday (before Mr. Justice Fry), the hearing of this summons was resumed, Mr. Montague Cookson continuing his address on behalf of Messrs. Spence and Co. It will be re- membered that the summons was taken out by Messrs. Spence and Co.. who have contracted to purchase from the official liquidator of the West of England Bank the iron and tin-plate works, coal mines, &c., at Melingriffith, Cardiff, late t.he pro- perty of Messrs. Thomas Booker and Co. (Limited), and its object is to obtain a declaration from the court that Messrs. Booker and Co. are unable to show a proper title to the property.—Mr.Cookson said thatMrs.ClaraGeorgiana Booker became trustee of the estate of her late husband Mr. John Partridge Booker, under two deeds which were respectively executed on the 16th and 17th of .Tune, 187Q, Mr. J. P. Booker having died in June, 1888. In the first place, Mr. R. F. Langley, of Cardiff, one of the trustees appointed by Mr. J. P. Booker, renounced the trusteeship and, in the next, John Wellington, the other trustee, resigned, and appointed Mrs. Booker as trustee in his place. On the 1st of July, 1872, the agreement for the purchase of J. p, Booker's share in the property by the new com- pany of Messrs. Thomas W. Booker and Co. was entered into between Mrs. Booker and Thomas W. Booker, Mrs. Booker being then sole trustee under the will of her husband. The suggestion of the other side was that Mrs. Booker was properly ap- pointed sole trustee under Lord Cranmer's Act. But, so far as he could ascertain, there was no authority in favour of the proposition that, where a testator had left two trustees, one trustee could subsequently be appointed in their place- Mr. Horace Davey, Q.C., ;?., on behalf of the official liquidators of Messrs. T. W. Booker and Co., submitted that all the objections which Messrs. Spence and Co. took to the title were un- founded.—Mr. Justice Fry remarked that the re- cital in the agrement for the sale of the property did not assert that the freehold was partnership property.—Mr. Davey said the point was a new one to him- The Bookers had not acquired anv new property since the date of the will of Mr. new property since the date of the will of Mr. Blakemore.—Mr. Justice Fry said it would be convenient to ascertain what was the fact before proceeding further with the case.—Mr. Cookson said that if Mr. Davey would deal with the question of the voidability of the lease first he might be able to make an admission respecting the freehold.— His Lordship said it appeared to him that the question whether there was an entailed estate ought to have been investigated, and he must find that in that respect the title had not been made good. He was also of opinion that the ap- pointment of a new trustee under the will of J. P. Booker was not inadequate, and he should hold that it was a valid appointment. The other ques- tions would remain as part heard, and the case would be on the paper again on Saturday.

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Family Notices

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THE WEEK'S MARKETS.

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