DEARLE V. HALL

THE LORD CHANCELLOR [LYNDHURST]

The cases of Dearle v. Hall, and Loveridge v. Cooper, were decided by Sir Thomas Plumer; and from his decree there is, in each of them, an appeal, which stands for judgement. As the two cases depend on the same principle, though the facts are, to a certain decree, different, the better course will be to dispose of both together; and as Dearle v. Hall was the first of the two which came before the Court below, though it was not argued on appeal till after Loveridge v. Cooper had been heard, I shall first direct my attention to the facts on which it depends.

[3 Russ. 56] Zachariah Brown was entitled, during his life, to about £93 a-year, being the interest arising from a share of the residue of his father's estate, which, in pursuance of the directions in his father's will, had been converted into money, and invested in the names of the executors and trustees. Among those executors and trustees was a solicitor of the name of Unthank, who took the principa…