since Neal's death, stating the former petition, and praying that Neal might be declared to have forfeited his mortgage by having proved without giving it up (a); that all costs might be paid by Neal, and that he might account. Mr. Montagu for the petition. Mr. G. Richards, for the respondents, objected that the Court had no jurisdiction over the executor of an assignee in any case; certainly not in this, as he had no assets. Mr. Montagu, in reply: Admitting the Court had no jurisdiction to have proceeded in the first instance against an executor, here the order was made on Neal during his life, and may be enforced on the executor after Neal's death. In ex parte Lane, 1 Atk. 89, Lord Hardwicke charged the executor of an assignee with payment of sums for which the assignee had not accounted. In ex parte Wackerbeth, 2 Gl. & J. 151, on appeal from Buck, 495, the representative of a deceased assignee was sought to be charged with interest, and no objection was taken as to the jurisdiction. The executor has executed the deed of conveyance to the new purchaser, thereby submitting to, and waiving all objections to the jurisdiction. In ex parte Jackson, 5 Ves. 358, on a question whether the Court had jurisdiction to compel a second mortgagee, not coming in under the bankruptcy, to join in a conveyance, Lord Roslyn said, (a) See ex parte Greenwood, 1 Jac. & Walk. 423; and ex parte Buck, 527; ex parte Barclay, Soloman, 1 Gl. & J. 25. 1 Gl. & J. 272; ex parte Hopley, 1834. Ex parte and others. In the matter of MILLER. 1834. Ex parte TURVILLE and others. In the matter of MILLER. "I will think of it. Let the fact be inquired into, if the second mortgagee was applied to by the commissioners. If he was present at the time the order was made, and suffered the sale to go on, it would be too much to permit him to lie by, and take the objection afterwards." Nothing more Here a compromise was proposed, and the petition was ordered to stand over a short time. was said about it. (a) (a) The following is in the handwriting of Lord Eldon, and inserted in Mr. Barber's copy of Eden's B. L.:— "Hamilton Place. "Re Abbey, 8th February 1826. "In this case, as I understand it upon reading it again, the assignee of the bankrupt dies; and the property, which in the course of the bankruptcy had been assigned to him, being I suppose, as the papers represent, since vested in one of the bankrupts as his personal representative; viz. the bankrupt now sought to be committed for not executing an assignment of that property to new assignees. "But considering this matter, I wish Mr. Pensam to see if he can find any instance of an assignee's personal representative being compelled, by an order upon a petition in bankruptcy, to assign the estate which he has in the character of a personal representative of a deceased assignee. "In this case an order is made on all necessary persons; but that is done, in practice, where necessary persons have no demands against the estate; or are not bills, in practice, necessary in such cases? “It is true, that in this case, the personal representative is the bankrupt. But, under commis sions of this date, could a bankrupt be compelled to execute? and if not, would his becoming a personal representative impose an obligation on him to be enforced by petition to do so? "The Chancellor will thank Mr. Pensam if he can give or procure him any information, founded on practice, that applies to such a particular case as this." In ex parte Crowe, Mont. & Mac. 281, it was held that there was no jurisdiction to compel the personal representative of an assignee to account for the personal estate of the bankrupt in his hands. And see Saron v. Davis, 18 Ves. 80, S. C.; 1 Rose, Ex parte WILLIAMS and others, assignees, &c. - In the matter of WEINHOLT. C. of R. July 30, 1834. The Court will not lend its sanction to a compromise of a suit by the assignees, THE petitioners were assignees. A suit had been Mr. Swanston and Mr. Bacon for the petition. Per Curiam:-The Court will look into the case, and make such order as shall be proper. The Court subsequently ordered that the Lord Chancellor's order might be registered in the Court of Bankruptcy. That was the only order made. Master reports it would be for the benefit of Ex parte WATKINS.- In the matter of KIDDER. in the books of the office. The petition stated, That the petitioner was in 1827 the holder of two shares in the stock and property of the 79; and ex parte Solarte, Mont. Lane, 1 Atk. 89, being cited, the 495. In ex parte Crowe, Mont. & Mac. 281, the case of ex parte VOL. I. C. of R. July 30, 1834. Where shares of an insurance company are held in the name of the bankrupt as trustee, they reputed owner are not in his ship. What is notice Vice Chancellor said, "the case to the office? Y Y 1834. Ex parte WATKINS. In the matter of Kidder. company of the Economic Assurance Office, London, which shares then stood in the name of the petitioner in the books of the company. That being desirous to invest further money in the purchase of six other shares in the said stock and property, he accordingly in the month of June 1827, through the agency and assistance of Lancelot Brough Allen esq. one of the directors of the company, purchased six other shares numbered, &c. at 250l. per share. That by the rules and regulations of the company, no person, except he be a director, is capable of holding in his own name, unless by marriage, will, or administration, more than two shares in the stock and property of the company. That in case any person is desirous to become the actual proprietor of more than two shares, the additional shares must therefore be entered in the name of some other person in the books of the directors and company; provided always, that not more than two shares are entered in the name of any one person; but that no rule or regulation of the said company prevents any one person being beneficially entitled to more than two shares in the said company, and that many shares were so held by the beneficial owners in the names of other persons as their trustees, or on their behalf. That the petitioner being informed by Lancelot Brough Allen of such rule and regulation, and of the mode in which it was therefore necessary and usual that any shares beyond two-of which he might be the owner - must stand, applied to Kidder, the bankrupt, and requested him to allow two of the said six additional shares, which petitioner was desirous of purchasing as aforesaid, to be entered in the name of the said Kidder in the books of the directors and company, and also requested Kidder to hold the same in trust for the petitioner. That Kidder acceded to this request; and accordingly petitioner applied to the office and caused two of the shares to be entered in the books and company of the said office in the name of Kidder; that petitioner alone In paid the whole price for the two shares as well as for the other four shares, and all expences. That it was well known to the said Lancelot Brough Allen and to Mr. Naylor, the then actuary of the said company, that such shares, though held as aforesaid, were the property of the petitioner. That immediately after the said two shares were so entered as aforesaid in the books in the name of the said Kidder as the proprietor thereof, he duly made and delivered to petitioner a declaration of the trusts thereof, bearing date the 12th day of June 1827, viz. "I the undersigned, John Kidder of, &c., silversmith, do hereby declare that the two shares mentioned standing in my name in the Economic Assurance Office were purchased and paid for by G. P. Watkins of, &c. with his own monies and for his own sole benefit; that my name is made use of in trust for him, his executors, administrators, and assignees and I do hereby engage to assign the said shares to him, or to whom he shall appoint, at his expence, whenever required. 12th day of June 1827. Dated JOHN KIDDER." Witness, T.T. That Kidder duly received the dividends on the said two shares, and immediately regularly accounted for or paid over the same severally to the petitioner; and that the said Kidder acted in all respects according to the direction of the petitioner in his character of nominal proprietor of the said two shares. The solicitor to the assignees deposed that he, having applied to the resident director for the purpose of ascertaining the circumstances under which the transfer was made, was informed as follows: 1834. Ex parte WATKINS. the matter of Kidder. |