Court Of Chancery, Friday...
In1r. HATtT made an application in this case, the object of which I was, that the trustees might be allowed to appoint Mr. Croft in the nature of a receiver, to assist them in the manacernent of the infants' property, and to pav him adequate remuzneration for his services. The property in question comprised the Opera-house and several of those new houses in the neighbourhood of Pall-mall and thle trus- tees could not sufficientlv attend to the manageoient ofit themselves. Other Counsel. representin- difFerent interests, stated, that there was no objection to the application, except thlat which arose upon principle, in consequenceof :lr. Croft ha;ing been appoi !ted a trus- tee. as well as being a devisee and executor under the will. If this difficulty could be got over, it was agreed on all hands that his ap- pointment to the situation sought for would be for the interest of the nfants' estate. The LoRD-CIfAMrCELLoR did not know how to get rid of this difficulty, as so long as he was a trustee he could not receive remune- ration; and having once accepted the office of trustee, it was not within his option to lay down the character. Milr. HART said, hewas instructed that Mr. Croft had not yet ac- cepted oracted un ler his appointment as trustee; which he was readlv to decline, as well as to give up his lezacy. The Coiu tT finally directetl that M1r. Croft sihould execute a dis- claimer of having acted under, or accepted the appainttelat of trus- tse ; and that lie should take the other requisite steps to divest him- self of the character of trustee, devisee, and executor; and that a re- ference on the subject he then made to the Master. AIr. RAITtRDY mentiAned that part of the Alitster's report wvhich had directed asum of5001. tobe patid by the trustee, iMr. Sergeant Ma1,Lrshall, for the use of a box at the Opera, which he ought to have let for the henefit of the iifitmts. The LoRD CHtANeCeLLOR said he was afraid he should be obligred to order this sumn to be paid ; althouighi he was .sure that if the infants were of age, thev would not insist upon it. Afr. IHART said that thisiwoul(i be an extremely hardl case upon the trustee, and he hoped he should be able to sltow that such an order would not be necessary. Mlr. RAITHBR admitted it was a hard case, and one which he did not think the infants, if of full agc, would enforce: but Mr. [fart had already been heard upon the subject. Alr. HART said he hoped the Co:urt would allow him to atidress a few more observations unoot this point as sooA as he sthoald refresh his reeollection of the cireummstances. It would be extrelmielv se- vere upon .llr. Sergeant Marshall to be co.ptelled to pay 5001. for having occasionally turned into thi, box. when he might have at- tended the Opera whenever he pleased for halfta guinea. The LonD CHANCELLou.-I am afraitl, Mr. Hart, yoR have got into the wrong box. Air. RAITURY.-MY friend, 'Mr. Hart, has got into both the right and the wvrong box ; for he has given an opinion whiich, if rightly statetl to me, is in favour of such an order. Mr. HART._I do not like to he boxed ahout in this wav. I hope that llfr. Sergeant Marshall's having gone into this box will not occasion his being obliged to pay 5001. for w hat would have cost him but half a ruinea- The LOuD C1tA.ZCE.LLO - Whatbusiness have Sergeants to go to such places ? Ilr. HART.-Sergeantc, my Lord, like other people, som-etimes go where they have no business to be. I trust youir Lordship will allow me to speak again upon this subject before yoa come to any decision upon it. - The LOUS-CItAA-CELLOU... shall not eniv allow, but I invite you to speak again upon iL Let it be mentioned on Saturday. His Lordship then rese; this being the last case in the paper fior to-day. COURT OF CHANCERY. FRIDAY. APilL 30. MARSJHALL V. HOLLOWAY.