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Queensland Law Journal

REPORTS.

3058

CASES DECIDED

From 24th October, 1893, to 16th March, 1896.

EDITED BY A. DOUGLAS GRAHAM, B.A., SOLICITOR, ASSOCIATE TO

HIS HONOUR THE CHIEF JUSTICE OF QUEENSLAND.

SHORTHAND REPORTER, R. S. TAYLOR.

VOLUME VI.

BRISBANE :

EDWARD POWELL, ELIZABETH STREET.

1896.

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INDEX TO
ΤΟ

VOL. VI.

ABSOLUTE DEED OF GIFT-
See BILLS OF SALE ACT OF 1891
ACCIDENT-

See NEGLIGENCE
ACCOUNTS

Passing accounts. Breach of trust. Duty of
Registrar. The Registrar's duty on passing
executors' accounts does not include consider-
ation of the question whether an amount ad-
mitted by the executor to have been received,
was received in consequence of a breach of
trust. But he may report the facts specially.
Re KEENAN'S LANDS AND GOODS
Passing accounts. Disposal of small balance in
hands of administrator.

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Re CAMERON'S GOODS
Passing accounts. Executors carrying on a busi-
ness. Subscriptions to local matters on behalf
of the business. Commission to executors
carrying on a business. Executors carrying
on a testator's business in a country town sub-
scribed in the name of the business to local
charities and sports.

Held, under the special circumstances, that the
subscriptions might be allowed as proper
expenses of the business.

Although executors carrying on a business under

a will are not entitled to a commission on any-
thing beyond their net receipts from the busi-
ness, their trouble in carrying on the business
was considered in fixing the rate of commission
allowed on their whole receipts.

Re Walker's will, 6 Q. L.J., 259, followed.

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PAGE

182

119

260

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304

ADMINISTRATION-

PAGE

219

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259

. 87

9

Appointment of company during administrator's

absence.

Rescision of appointment.

Costs.

Upon the application of A., the administrator
of an estate, who was desirous of leaving the
colony for a time, an order was made purport-
ing to appoint the Union Trustee Company,
Limited, administrators in his place. On his
return, an application was made to rescind the
previous order, A. wishing to resume adminis-
tration.

Held, that the court had power to give leave to A.
to rescind the appointment, but that A. must
pay the company's costs.

An appointment under s. 13 of The Union Trustee
Company of Australia, Ltd., Act (54 Vic.), is
revocable with the consent of the court.
Re M. L. ARCHER'S LANDS AND GOODS..
ADMINISTRATORS' AND EXECUTORS' ACCOUNTS-
See ACCOUNTS

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