466 APPENDIX. 



It had been declared that the executor was entitled to the 

 annuity of 50^., commencing from the death of the testator, 

 for the proper and comfortable support and maintenance of 

 the Mare, the executor undertaking to employ so much as 

 was necessary for her support. The Mare had been placed 

 in Holland Park, Kensington, and it was stated that the exe- 

 cutor had fully complied, not only with the letter but with 

 the spirit of the testator's will, and expended 30^. or 401. 

 annually in this way. Three of the reversioners vi'erefemnies 

 sole, advanced in life, and were willing to give a sum of money 

 to the executor in order to have the immediate benefit of the 

 legacies ; and the executor expressed his willingness to accept 

 the offer, giving such security as the Court might require for 

 the proper fulfilment of the testator's wishes. 



The ViCE-CiiANCELLOB Said, " I shall require not only a 

 security for the executor's life but for the life of the Mare. 

 Here is a trust in favour of the testator's favourite Mare, and 

 this Court will take care that it shall be executed. Suppose 

 the Mare to be ill-treated or neglected ; suppose the Mare to 

 be put into a cart, would the Coiu't allow the executor to re- 

 ceive the annuity ? The Court would find somebody else to 

 take proper care of the animal." 



Mr. IViffram, on the part of the petitioners, said that the 

 residuary legatees might probably come and allege that the 

 condition upon which the executor held the annuity had not 

 been fulfilled. 



The YicE-CnANCELLOE said, "Is it not the duty of this 

 Court to fulfil the lawful intention of the testator? This 

 animal, if well treated, may live for thirty years. I have a 

 Horse myself which does not work, and which is considerably 

 above thirty years of age." 



Mr. Wigram stated that the executor had great affection for 

 animals, and had provided the Mare in question with every 

 comfort and luxury that could be required. 



His Honor said he would make the order asked for by the 

 petitioners, who were unmarried, the executor giving security 

 for the care of the animal. The securit}' must be equal to 

 that of the consols. It was possible that the price of corn or 

 grass might before the Mare's death be so high that 50/. per 

 annum might not be too large a sum necessary to be expended 

 in carrying out the testator's wishes. He ultimately referred 

 it to the Master to approve of a security, directing that the 

 case should come again before the Court for its sanction of 

 such security. 



