April 29, 1899.
THE ESTATES GAZETTE
694
fsgai ®optts.
By a Barrister.
[The writer will answer any question relating to real property law, or to tlie practice of Agents, Auctioneers, and Surveyors, under Queries and Replies.”]
The position, of trustee has always been a somewhat hazardous one. What a trustee can and what he cannot saf ely do is often very difficult to say, but it is certain that if a few years ago he committed a mistake whereby the interests of his cestui que trust were damnified, the latter could compel him to make restitution to the uttermost farthing, and that quite irrespective of whether he had acted ׳honestly and in good faith : the opinion, indeed, of solicitors and counsel could not protect him, No wonder that it was never easy ■to get a friend to become a trustee, especially considering that a trustee as a general rule acted entirely without ^ remuneration, the only important exceptions being when a settlor had ■expressly directed that he should be paid, or, where he, at the tame of accepting the trust, had contracted for an allowance to be made him for his services. The Judicial Trustees Act, 1896 (59 and 60, Viet., c. 35), aimed to render more secure the position of honest trustee®, and the method of the working of this salutary statute was well exemplified in the case of “Perrin v. Bellamy,” which we give at length in ■another column.
It will be seen that the point ■there was whether trustees who had sold property under ■the erroneous impression that they had a power of ■sale had been guilty of breach of trusty and should be ordered to make good any loss■ arising therefrom. The trustees pleaded section 3 of the Act of 1896, which provides that “If it appears to the Court that a trustee, whether appointed under this Act or not, is or may be personally liable for any breach of ■trust, whether the transaction alleged to be a breach of trust occurred before or after the passing of this Act, but has acted honestly ■and reasonably, ■and ought fairly ■to be excused for the breach of trust and for omitting to obtain the directions of ■the Court in the matter in which he committed such breach, then the Court may relieve the trustee either wholly or partly from personal liability for ■the same.” Mr. Justice Kekewich had decided that what the trustees had done came within this section, and that they were entitled to its protection, and ■the Master of the Bolls and Lord Justices Rigby _ anil Bomer now confirmed that view, and dismissed the appeal with costs.
In giving judgment the Master of the Bolls pointed out the hardship of the old law, and how it had been ■altered by the “extremely beneficial” Act of 1896. “He could not conceive ■a case to■ which the statute was so applicable as this one. It was precisely one of those cases in which the Court was enabled ■to relieve the trustees from their liability for a breach of trust.” At the same time, trustees ought to note that no general rules can be laid down as to the mode in which the Court will exercise its judicial discretion under section 3, and each case must be governed by its own circumstances, ■and it is clear that before exercising its discretion the Court ■must be ■satisfied by proper evidence that ■the trustee has acted reasonably as well as honestly, and ■that the burden of showing that he so acted lies on the trustee seeking the relief afforded by the section. Thus, in “ In re Turner,” a ease heard a few months after the passing of the Act, where two trustees appointed by a ■testatrix, one being a solicitor and the other a linen draper, invested trust money on a mortgage whidh was an improper investment, both as to its ■nature and as ■to its value, the Court refused to excuse the linen draper when it was■ not ■satisfied that he had acted with the care which he would probably have taken if the money had been his own, but had simplv relied on the solicitor. In the subsequent ease of “ In re Stuart, also, where a trustee (1) acted on a valuation which stated merely the amount for which the property was a good security, without stating the value of the property, and (2) advanced more ■than two-thirds of the value stated in the valuation (the valuer in each case being ■employed by a ■solicitor who acted for the mortgagor also, and the trustee not alleging that he reasonably believed the valuer to be employed independently from any owner of the property), it was heul that the trustee was not entitled to relief.
LONDON AND BERKSHIRE.
8n, R. NICHOLAS & Co. Auctioneers & Estate Agents, Blagrave Street, Reading, & 60, Pall Mall, S.W
GLENHAVEN, ELSTREE, HERTS.
Within three minutes of Elstree Station on Midland line.
1V/TKSSBS. Wl, B. NICHOLAS and CO. 1V1 will Sell by Auction (unless previously sold privately)., at the Mart, Tokenhouse-yard, E.C on Friday. June 9, 1899. at Two o clock, in One or more Lots, that delightful old-fashioned PROPERTf, known as Gienhaven, comprising the residence, together with lawns, kitchen garden, paddock and five large glasshouses.
Particulars of sale may be obtained of the mYm' tioneers, Blagrave-street, Reading, and 60, Pall Mall, London, S.W.
THE UPPER LINK ESTATE. HURSTBOURNE. HANTS, situate in a favourite distnot between Basingstoke and Andover, and comprising a very choice farm of some 345 acres.
TX/TESSBS. WM. B. NICHOLAS and CO.
JYL (in conjunction with Messrs. FREDERICK ELLEN and SON, of Andover) will .Sell the.above by Auction (unless previously sold privately), m One or more Lots, at the Mart. Tokenhouse-yard. London, E.C., on June 5, at Two o’clock precisely.
Particulars may be obtained of me Auctioneers, Blagrave-street, Reading, and 60, Pall Mail. London, S.W.
BIRMINGHAM.
GRIMLEY & SON, F.S.I.,
Surveyors and Estate Agents.
Auctioneers.
SALE OF FREEHOLD AND LEASEHOLD PROPERTIES AND
FREEHOLD GROUND RENTS.
PRESTWOOD, BUCKS,
Within two miles of Great Missenden Station, and four of High Wycombe, 600ft. above sea level.
wii!
EC on June 5, the FREEHOLD PROPERTY known as Knives Farm, comprising about 100 acres (including a valuable wood of beech and oak, about 25 acres). Capital house, homestead and two cottages, also some choice Building Sites.
Particulars and conditions may be obtained of Edward Parker, Esq., solicitor, Thame. Oxon; and of the Auctioneers, Blagrave-street, Reading, and 60, Pall Mall, S.W.
CHADLINGTON, OXFORDSHIRE, situate three miles from Oharlbury and four miles from Chipping Norton Stations.
־lX/TESSRS. WM. B. NICHOLAS and CO.
J-t-L have received instructions to Sell by Auction (unless previously disposed of privately), at Oxford, early in June, the delightful FREEHOLD PROPERTY known as The Cottage Chadlington It contains eight bed and dressing rooms, bath room, three reception rooms, large hall, and good domestic offices, etc.; capital stabling; the grounds are exceedingly picturesque, and include tennis lawn, well-stocked kitchen garden, with range of glasshouses etc. Seven Cottages, small farmery, and paddocks, in all about 6£ acres.
Further particulars will appear in due course, nnd may meanwhile be obtained of the Auctioneers. Blagrave-street, Reading, and 60, Pall Mall, S.W.
DEVONSHIRE. MESSRS. HUSSEY & SON
(Established over a Century), Auctioneers, Estate Agents, Agricultural Tenant-Right, Timber and other Valuers,
EXETER, DEVON.
Stock, Timber, and all Classes of Sales and Valuations undertaken on Moderate Terms. Telephone : No. 21, Exeter.
WOODBURY, DEVON.—Close to the rail-VV way station.—A well-situated Freehold Farm, known as Exton, comprising an excellent farmhouse and suitable premises, barn, stabling, cow houses, niggery, garden, and about 80 acres of pasture, orchard and arable land, the greater portion of which is well suited for building purposes, and Las many eligible sites thereon. Freehold price £3,500. —For further particulars apply to Messrs. Hussey and Son, auctioneers, etc., 14, Queen-street, Exeter.
BY
MESSRS. GRIMLEY and SON, on Thurs-iVA. day, May 11, 1899, at the Grand Hotel, Colmore-row, Birmingham at Seven o’clock to the minute:
RUNCORN-ROAD (formerly St. John’s-road),
MOSELEY-ROAD.	^
Lot 1—An exceptionally well-built FREEHOLD PROPERTY, Nos. 35, 36, 37 and 38, Runcorn road, Mcseley, consisting of Four front Dwelling Houses (one being a Retail Shop), with the outbuildings, private yards, and large gardens thereto; in the occupation of weekly tenants, at rents amounting to £88 8s. per annum.
The property, which has a frontage of 23 yards to the road, and contains an area of 983 square yards, was built for the present vendor as a permanent investment, and has not changed hands for upwards of 30 years.
By direction of Trustees.
BEAUFORT-ROAD, EDGBASTON.
Lot 2,—A detached, well-built RESIDENCE, No, 41, Beaufort-road, near Duchess-road■, in the occupation of Mr. Ingledon, at the yearly rent of £50, the tenant paying all rates. The house contains entrance hall, large dining room, drawing room (with bay window), kitchen, scullery, two pantries, cellar, seven bed] rooms, dressing room, bath room, and w.c., with lawn and garden in the rear.
Leasehold for a term of 84 years from March, 1869. Ground rent £9 10s. 9d.
COX-STREET WEST, BALSALL HEATH.
Lot 3.—A well-situated LEASEHOLD PROPERTY, comprising the commodious Dwelling House with builder’s yard, stabling, and) other buildings, having gateway entrance, occupied for 13 years at the yearly rent of £40, the tenant paying all rates and water rent, and doing all repairs; and Three Dwelling Houses in the rear, known as Prospect Place, let to weekly tenants, at rents amounting to £37 Is. per annum. Total rental £77 Is.
Leasehold for 99 years from March 25, 1880. Ground rent £27 3s. per annum.
Estate of Mrs. Emily Coward, deceased.
ARTHUR-PLACE, OAMDEN-STREET, BIRMINGHAM.
Lot 4.—An important LEASEHOLD PROPERTY, comprising Six commodious front Dwelling Houses, Nos. 7, 8, 9, 10. 11 and 12, Arthur-place, Gamden-S'treet, each containing parlour, kitchen, scullery, cellar, and three bed rooms; with private yards and out-offices thereto, let at weekly rents amounting to £124 16s. per annum; and the ־well-arranged MANUFACTURING PREMISES in the rear, known as Clyde Works, comprising ranges of well-lighted shopping, machine shops, engine house and stabling, the greater portion being m the occupation of the Executors and Mr. J. A. Field, engineers and cycle accessories manufacturers, at the yearly rent of £50, the tenants paying all rates and taxes; and Four Workshops, now or recently in the occupation of Messrs. Berry and Son. and others, at weekly rents amounting to £44 4s. per annum. Total annual rental £219.	.	.	״״״_,
Leasehold for an unexpired term of 80 years from September 29, 1898. Ground rent £47 5s. lOd. per hnnum.
CUCKOO-ROAD (near Lichheld-road), ASTON.
Lot 5,—Two substantially built front DWELLING HOUSES, known as Wroxhall-place, Nos. 35 and 36, Cuckoo-road, Aston, each containing parlour, kitchen scullery, cellar, and three bed rooms, with outbuildings, paved׳ yard, and long gardens m the rear, let to weekly tenants at rents amounting to £33 16s. per annum.	.	״ ״_
Term unexpired1 about 73 years. Ground rent £8 8s.
15Lot^Two similar DWELLING HOUSES, adjoining the last Lot, known as■ Cowes-place, Nos. 37 and 38 Cuckoo-road׳. Rental £33 16s. Term unexpired about 73 years. Ground rent £8 8s.
The above Lots are in thorough order and repair.
FREEHOLD GROUND RENTS.
The bailiff who was one of ■the defendants in “Smith v. Thomas ■and Wilberforoe,”_ got a severe rating from his Honour Judge Williams, besides being mulcted in £10 damages for the illegal distress of which he was held to have been guilty. Thomas certainly appeals to have made more ■than one serious ■mistake in levy-in״, ■and that the Judge considered his conduct something worse than merely negligent is evidenced by his remarking that he “thought the bailiff’s certificate should be cancelled.’ It was a monstrous thing (his Honour had previously said) that such persons should seize the
TYXETEB.—Desirable Freehold Besidence, hi known as No. 28, West Southernhay, Exeter, until recently in the occupation of Dr L. H. Tosswill, containing, on the top floor, two attic bed rooms, box room; on tbe second floor, two bed rooms, dressing room, w.c., and bot and cold water supply, on the first floor, drawing room, with, balcony, bed room; on tbe ground floor, entrance ball, dining room, morning room, lavatory, and w.c. In tne basement scboolroom, kiteben, housemaid s pantry, scullery, wine, coal, and wood cellars. Outdoors, larder and servants’ w.c. Gas and water are laid on and electric light. In the rear is a garden with a back entrance, and the occupier has the joint right of using the pleasure ground m front of the houses. Rent £63. Price £1,100.-For further particulars apply to Messrs. Hussey and Son, as above.
ANDBRTON-PARK-ROAD and WOODSTOOK-ROAD, MOSELEY.
Lot 7.—A valuable Freehold■ Ground■ Rent of £6 per annum, secured by a well-built detached Residence, known as St. Hilda’s, Woodstock-road, Moseley, with the Reversion-in-Fee in 1992. Area of land, 355 square yards.
Lot 8 —A Freehold Ground Rent of £6 per annum, secured by a detached Residence known as Raven-smir, Woodstock-road, with the Reversion-m-Fee on March 25, 1992. Area of land 347 square yards.
Lot 9.—A Freehold Ground Rent of £6 per annum, secured] by a detached Residence, known as The Hollies. Woodstock-road, Moseley, with the Reversion-in-Fee in 1992. Area of land 350 square yards.
Lot 10.—A well-secured Ground Rent of £6 per annum, secured by the Residence known as Vaynol, Cad'burv-road, with the Reversion-m-Fee in■ 1992. Area of land 283 square yards.
Lot 11,—A Freehold Ground Rent of £6 per annum, secured1 by the Residence known as Clarence House. Anderton-park-road. with the Reversion-m-Fee m 1992. Area of land: 237 square yards.
Lot 12.—A Freehold Ground Rent of £6 per annum, secured by the Residence known as Glendalough, Anderton-park-road■ (corner of Oadbnry-road), with the Reversion-in-Fee in 1992. Area of land 345 square
yIf^desired the six Ground Rents will he Sold in
Solicitors: Lots 1 ■and 3, Messrs. Arnold arid Son, 3 Waterloo-street; Lot 2. Messrs. Hunt, Williams and Dickens, Thirlend-street. Nottmgnam: Lot 4, Mr Stephen Gatelev. 73, Oolmore-row:	and Mr.
George Huggins, Union-chambers, Temnle-row; Lots 5 and 6, Messrs. Jaques and Son, 102. Colmore-row; Lots 7 to 12, Mr. Arthur Turner, Victoria-champers, Temple-row
Auctioneers’ Offices, 39 and 40, Temple-street, Bir-mingbam.
SHEFFIELD, YORKSHIRE and DERBYSHIRE.
NICHOLSON, GREAVES, BARBER, and HASTINGS,
Estate k General Auction !art,
2, HIGH STREET.
Rev. Henry Barlow, deceased־.
pow MOUTH EABM, DERBYSHIRE
O LANE, SHEFFIELD, containing about 44 acres. To Land Speculators, Syndicates and Builders.
To be Sold by Auction, by Messrs. NICHOLSON, GREAVES, BARBER and HASTINGS, at tbe Sheffield Estate Auction Mart, No. 2, Higb-street, Sheffield, on Tuesday, May 9, 1899, at Half-past Four o’clock precisely, subject to Conditions of Sale to be then produced!:—	״״״.
The valuable FREEHOLD BUILDING ESTATE and Farm Lands, with Farmstead, known as Cow Mouth Farm, in tbe occupation of Mr. Joseph Carr.
Tbe bouse contains large ball, dining and drawing rooms, store room, two kitchens, five bed rooms, and cellaring.	.	_	,	, ,
The farm buildings comprise cart shed, coa! bouse, barn, loose box, two stables,. houses for 14 cows, three hay chambers, piggeries, and implement sheds.	״	,
There is a capital supply of water tor tbe cattle, and the Sheffield Corporation Water is׳ laid on to the house.	,	_ .	_	...
The land is in an elevated yet sheltered position, and has long frontages to Derbyshire-lane (where there is a main sewer), and) to the main road to Norton, and a further road! could easily be made on the site of the footpath which crosses the estate from Norton Lees to Norton.
The estate is very suitable for building purposes, and could be readily laid out to advantage at small expense, and it is anticipated' that a ready market for building plots would quickly arise.
Plans are in course of preparation, and! will shortly be circulated.	.	_	,
For further particulars application may he made to the Auctioneers, 2, High-street; to Messrs. Dixon and Sandford, surveyors!, St James’s-row:	or to
Messrs. Rodgers, Thomas and Sandford, solicitors, Bank-street, Sheffield.	_________________
RETFORD.
־y ALU ABLE FREEHOLD PROPERTY.
GOODBODY’S MILL, with the Costly FIXED PLANT and MACHINERY.
To he Sold by Auction, in One L°t, by Messrs. NICHOLSON, GREAVES, BARBER and HASTINGS, at the White Hart Hotel, Retford, on Monday, May 15. 1899, at Three for 3.30 precisely, subject to common form Conditions of Sale of the Notting-ham Incorporated Law Society, and to such Special Conditions as shall be then Pr9d״cedLz:^T ^ r a xtd All that valuable PLOT of FREEHOLD LAND, containing 3,214 square yards, or thereabouts, with excellent frontages׳ to Albert-road, Beehive-street. Mill-street, and Thrumpton-lane, in the centre of Retford, together with the valuable Brick Erections thereon, comprising the Main Mill, which is a substantial five-story building. Dwelling House, in Albert-road, Two Chimney Stacks. Engine and Boiler Houses, large open shed, and a three-story Warehouse connected with Mill, a four-story Warehouse, Stabling, Cart Sheds, and! Workshops. . .
Also the costly modern MACHINERY, comprising Horizontal Tandem Compound Condensing Steam Engine, 168 indicated horse power, Double Flue Boiler, 28ft. long by 7ft. 6in. diameter, 72 pipe economizer, with gear complete, shafting with bevel mortice wheels, pulleys, etc., Horizontal Steam Engine, six horse power., four complete sets hursting for mill stones, rotary sieves, reel scalpers and centrifugals, metal wheat worms and boxes, roller mills, flour posser. stoner, wheat scourers, dust collectors, purifiers, improved cockle separator, brandusters, aspirators, mixers, flour dusters, wheat garners, friction hoists, elevators, etc.
The Buildings were erected regardless of cost, and could1 be easily converted1 for almost any trade where substantial buildings are required.
The Land1 could readily be cut up into smaller Lots, leaving the buildings standing, each plot, having an excellent frontage and! entrance to good thoroughfares.	, .	.,	... ,
If the Property is not sold as a whole it will be cut up and sold in separate plots, after the machinery has׳ been realised, of which due notice will be given.	, J .	_ ,	,,
Further particulars may be obtained from tne Auctioneers. 2 .Hhrh-street Sb״ffi׳dd; or from Messrs. Mee and Co., solicitors, Retford
Preliminary Notice.
TJIXGWOOD HALL ESTATE. REAR
XL CHESTERFIELD. DERBYSHIRE
Messrs. NICHOLSON. GREAVES. BARBER and HASTINGS beg to announce that they have been favoured with instructions to Sell by Auction, on Tuesday. May 16 next, at their Estate Auction Mart. No. 2. High-street. Sheffield, the above valuable FREEHOLD ESTATE, comprising a fine old Family Mansion, replete with every modem convenience, and containing 24 bed rooms, lofty dining, drawing, and billiard■ rooms, with ample servants' accommodation. about 100 acres of park-like grass land, with well-grown timber, ornamental lake, giving water supply to the Great Central Railway Com-panv. at• a minimum rent of £200 a year for nearly 54 years.	,	..
Excellent fishing, shooting and boating, well-arranged' kitchen gardens and orchard, ornamental and flower gardens and greenhouses.
Three stone-buiU■ Lodges.
The Ringwood Hall Farmstead.
Range of Stabling and loose boxes for hunters and carriage horses, together with the other necessary outbuildings.
Excellent railway acoominod׳ation. CnesterheM. about 91 miles distant, has three stations, one on main Midland, about three hours from London, an other on branch of Great Central (about two miles from main line), and a. +hird the terminus of Lancashire. Derhvshire, and! East Coast Railway (Chesterfield to Lincoln).
Parish church and post and telegraph office, quarter mile.	.	.
Full particulars will be giver m future advertisements and in printed plans, particulars and uhoto-o-ranhs which mar he had of th“ Auctioneers, 2, High-street, Sheffield : Mr. W. D. Wadsworth, jun . surveyor. Chesterfield: or of Messrs. Shipton, Hal-lewell and■ Co., solicitors, Chesterfield.