The Archive · 1900

Kaw Reports

H.B.M.'s SUPREME COURT

Shanghai, 7th November, Before H. 8. Witxisox, Esq., Chief Justice, tHe warren or H. D. Paten, this was an application by Alexander Samson, administrator of the estate of Henry Dowell Patch deceased, to be relieved from this position. Mr. H.C, Brush-field supported the application, The petition showed 1.—That your petitioner is the administrator of the estate of Henry Dowell That. by reason of the pressure of his Jusiness relations your petitioner finds it di cult, to continue the trusts of the adm tration of the above estate and is desirous of retiring therefrom, and it is expedient to appoint a Judicial Trustee to continue the said administration.

3.—That it is proposed to remmunerate the said Judicial Trustee when appointed.

4.—That Arther Robert Leake of Shanghai has consented to act as Judicial Trustee if appointed and that he isa fit and proper person to be Judicial Trustee.

5.—That Mary Poole Patch the mother and Ella Patch sister are residing together at Holmewood, Wordside Park Road, North Finchley, Middlesex, England, and the same are nearest of kin of said deceased.

Wherefore your petitioner pray: the' said Arthur Robert Leake a Judicial 1.—That this Honourable Court will appoint Trustee to administer the estate of the said Henry Dowell Patch deceased in the place of your petitioner.

2.—That the costs of the application may bbe paid out of the said estate.

3.—That he may have such further or other relief as this Court may deem fit.

4.—That all moneys standing to the credit of or belonging to the said estate in any bank or cleewhere and all choses in action Property or otherwise all the property of the said Henry Dowell Patch deceased shall be delivered over to and become vested in the said Arthur Robert Leake as Judicial Trustee of the said estate.

5.—Thas this Honourable Court will hear and deal with the prayer of this petition without requiring copy of this petition to he served upon the next of kin of the said Henry Dowell Patch deceased.

Mr. Brushfield mentioned an affidavit of Alexander Samson, which set out that as the administrator appointed by the Court, hic had done certain work in getting in some of the estate and in successfully contesting certain lar claims, so far as bills of sale were concerned. The assets and liabilities of the estate were made out, and a statement of account was on the ble, which repr rented also a certain amount of work. M Samson now found it impossible to continue the administration of the estate and also his ordinary business. His employers had mentioned the matter to him, which meant that they desired him to discontinue the administration. That was the reason of the present application.

Mr. Samson and Mr. Lexke were present. The latter, asked if he had anything to 18y in reyntd to the petition, replied "No, His Lordshi n order will be made in the terms of the prayer of the petition that is, the said Arthur R. Leake to act as Judicial Trustee, with the usual security, the costs of the petition to be paid or retained out of the estate and to be taxed as between solicitor "ud client.

His Lordship added that further orders, including the order as to the remuneration of the Trustee, would be made in chambers, upon further application.

Text read from the printed page and cleaned; old type leaves the occasional error.

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