No. XV.

DECREE ON FURTHER DIRECTIONS IN ORIGINAL SUIT AND IN SUPPLEMENTAL SUIT, ESTABLISHING CHARITY, AND APPORTIONING GENERAL PERSONAL ESTATE, AND REAL SECURITIES.

[The testator bequeathed the residue of his personal estate, part of which consisted of mortgages, to a charity.

After the original decree one of the next of kin assigned her interest in the mortgages to the charity; upon which the supplemental bill was filed.]

His Honour doth order, and in the original cause declare, that the debts, funeral expenses, and legacies of the said testator, Robert Chapman, and also the costs of the original suit, ought to be paid out of the said testator's general personal estate, and out of the money secured by mortgage, or upon other real securities, pro ratâ, except so far as such costs relate to any proceedings to be had under the directions hereinafter given for regulating the charity in question, or appointing new trustees thereof, which ought to be wholly paid out of the said testator's general personal estate. And it is ordered, that it be referred to the said Master, Mr. S., to tax all parties their subsequent costs of the original suit. And the defendant, George Pitt Hurst, out of the sum of £ appearing &c. is to retain his own, and is to pay unto the several other parties in the said cause their costs of that suit already taxed, and subsequent costs when taxed. And it is ordered, that the defendants, Heneage Deering and George Pitt Hurst, the executors of the said testator, do proceed to get in the money due on the mortgage mentioned in the said report to be outstanding, and also any other outstanding personal estate of the said testator. And it is ordered that the said Master do take an account of the same, and ascertain how much thereof and of the other personal estate of the said testator not specifically bequeathed, will constitute principal and interest secured by mortgage, or other real security, and how much

will constitute the general residue of the said testator's personal estate, exclusive of principal and interest secured by mortgage, or other real security. And it appearing that the said testator's debts, legacies, and funeral expenses have been paid out of the general personal estate, it is ordered, that the said Master do ascertain what are the several proportions thereof, and also of the costs of the original suit, to be borne out of the said funds respectively (1). And the said Master is to make a separate report thereof; and after the said Master shall have made such report any of the parties are to be at liberty to apply to the Court concerning the same, as they shall be advised. And it is ordered, that the Defendant, Sir Thomas Hanmer, do assign the trust vested in him by the said testator's will to William Praed, approved of by the said Master as a new trustee in his room (2). And his Honour doth declare that the surplus of the said testator's personal estate, exclusive of such part thereof as shall appear to have been secured by mortgage, or upon other real security (after bearing the proportion of the debts, funeral expenses, and legacies of the said testator, and of the costs herein before directed to be borne thereout) ought to be applied for the several charitable purposes mentioned in the said testator's will. And it is ordered, that such surplus be retained by or paid to the defendants, George Earl of Winchelsea and Nottingham &c. the trustees, to, for, and upon the several charitable trusts, intents, and purposes in the said testator's will mentioned. And any of the parties are to be at liberty to lay a scheme (3) before the said Master, for applying the charitable fund given by the said testator's will, and also for keeping up the number of trustees named in the said will, as any of them shall from time to time die. (2) And his Honour doth declare, that one moiety of so much of the said testator's personal estate as shall appear to have arisen from money secured by mortgage, or upon other real security (after bearing the proportion of the debts, funeral expenses, and legacies of the said testator, and of the costs hereinbefore directed to be paid thereout) will belong to the defendant, Richard Daniel, as he is one of

the next of kin of the said testator. And it is ordered, that such moiety be paid to him accordingly. And his Honour doth also declare, that the other moiety belonged to the defendant, Mary Chapman, as the other next of kin of the said testator. And on the supplemental bill his Honour doth declare, that the deed of trust, dated the 10th day of December, 1790, ought to be established and carried into execution; and doth order and decree the same accordingly. And the said Master is to tax all parties their costs of the supplemental suit, and to inquire whether the defendants, the trustees, have been put to any and what expenses respecting the said trust deed. And it is ordered, that the costs of the supplemental suit, and also any such expenses as the said defendants, the trustees, may appear to have been put to under the aforesaid inquiry, be paid out of such part of the said testator's estate, as, according to the declaration made in the original cause, would have belonged to the said defendant, Mary Chapman. And his Honour doth declare that the residue thereof (after payment of such costs and expenses thereout as aforesaid) will, according to the said trust deed, now be applicable to the several charitable purposes mentioned in the said testator's will. And it is ordered, that the same be paid to or retained by the said defendants, the trustees, to, for, and upon the charitable trusts, intents, and purposes in the said will accordingly. And any of the parties are to be at liberty to apply &c. [See Usual Directions, No. XIX. ante.] Attorney-General v. Hurst, M. R. 2d December, 1791. Reg. Lib. A. 1791. fol. 487. S. C. (Attorney-General v. Earl of Winchelsea) 3 Bro. 373. 2 Cox, 364.

For Decree for establishing Charity, with Direction for Scheme. See Equity Draftsman, 660.

For Direction for Scheme. See Attorney-General v. Mayor of Coventry. Appendix (1).

NOTES.

(1) See Paice v. Archbishop of Canterbury, 14 Ves. 372.

(2) See Decrees respecting Executors and Trustees, No. IV. post.

(3) Scheme.

Where there is a general indefinite charitable purpose, not fixing itself upon any object, the disposition is in the king by sign manual; but where the execution is to be by a trustee, with general, or some objects pointed out, there, the Court will take the administration of the trust. Moggridge v. Thackwell, 7 Ves. 36. And see Paice v. Archbishop of Canterbury, 14 Ves. 372. Ommaney v. Butcher,

Turn. 270.

Where the Court takes upon itself the execution of the trust, a scheme is usually directed. Attorney-General v. Hurst, supra. And see Waldo v. Caley, 16 Ves. 211. Paice v. Archbishop of Canterbury, supra. Attorney-General v. Whiteley, 11 Ves. 241. Bishop of Hereford v. Adams, 7 Ves. 326. Attorney-General v. Bowyer, 3 Ves. 724. Supple v. Lowson, Ambl. 730. Baylis v. AttorneyGeneral, 2 Atk. 240. note. And Decree in Attorney-General v. Doyley, 7 Ves. 58. note. S. C. 2 Eq. Abr. 194.

A scheme will be directed, notwithstanding that the trustee has a discretionary power, in order to secure the application of the fund. Supple v. Lowson, supra. And see Waldo v. Caley, supra.

But not where the fund is part of an annual and temporary income, to be disposed of from time to time, as objects should present themselves. Waldo v. Caley, supra.

Where a fund was given to a corporation for a charitable purpose, the Court ordered it to be paid to the corporation without directing a scheme. Society for the Propagation of the Gospel v. AttorneyGeneral, 3 Russ. 142.

When it is settled by the decree who are to be active in prosecuting it, it seems that the Master might receive a proposal for a scheme without a direction for that purpose; but that in the Master's office the course is not to act without a specific direction. Attorney-General v. Bowyer, supra.

A scheme is frequently directed, regard being had to particular circumstances. See Attorney-General v. Skinners' Company, Jac. 629. Pieschell v. Paris, 2 S. & S. 392. Decree in Mills v. Farmer, 1 Mer. Appendix, 723. Moggridge v. Thackwell, 1 Ves. jun. 475. S. C. 7 Ves. 86. Attorney-General v. Painter-Stainers' Company, 2 Cox, 61. Cook v. Duckenfield, 2 Atk. 569. For scheme for establishment of charity. 462.

See 2 Turn. Pract.

Further Directions.

On exceptions the Court has reformed the scheme without referring it back to the Master to review his report. Attorney-General v. Wansay, 15 Ves. 235.

That in a charity case the original decree may be altered on further directions. See Usual Directions, No XV. ante.

APPENDIX (1).

Direction for Scheme.

And it is ordered, that any of the relators and the defendants, the corporation of the city of Coventry, do propose before the said Master a scheme or schemes, for the application of what shall be coming on the balance of the said account, for the moiety of the said rents and profits for the poor inhabitants of the said city of Coventry, and also for that moiety of the growing rents and profits of the said charity estate, in such manner as may be most beneficial for the said poor inhabitants. And the said Master is to state the same, with his opinion thereon, to the Court. Attorney-General v. Mayor of Coventry, L. C. 2d March, 1743. Reg. Lib. A. 1742. fol. 330.

No. XVI.

MODERN DECREE FOR ADMINISTRATION OF REAL AND PERSONAL ASSETS.

[The real estate was charged with the payment of debts.] His Honour doth declare the will of the testator Joseph Hart well proved &c. [See Direction for Establishing Will, No. I. ante.] And it is ordered that it be referred to Mr. S. one &c. to take an account of what is due to the the plaintiff, and all other the creditors of Joseph Hart, the said testator for their debts &c. [See Decree in Creditors' Suit, Personal Assets, No. I. ante.] And it is ordered that the said Master do also take an account of the personal estate of the said testator not specifically bequeathed, come to the hands of &c. [See Decree in Creditors' Suit, Personal Assets, No. I. ante.] And it is ordered, that the personal estate of the said testator not specifically bequeathed be applied in payment of what shall be found due to the plaintiff and the