EXECUTORS’ TROUBLES.

Evening Star, Issue 3043, 19 November 1872, Page 4

EXECUTORS’ TROUBLES.

(From the Melbourne Age, October 15.) Amiable people sometimes become the executors of their dying friends’ wills, and let themselves into a great deal of trouble thereby. Executors are not allowed by law to take anything out of the estate for their services, but they often have to pay pretty heavily for their mistakes over trust investments. The case of Fenuessy v. Kelleher and Barry, called on in the Equity Court, yesterday, is one in point. Some time ago Judge Mnlesworth made an order requiriug Kxdlo' tT and Barry, the executors for Mr Fenuessy, who died in 1855, to pay inlo court a’sum of LIo3O, which had been lost over the Hare and Hounds Hotel, St. Kilda, part of the property. The hotel was improved to the extent of building a substantial brick wall about a foot over the side walk, an i it had to be pulled down again. The executors spent LIO3O out of the moneys of Mr Fennessy’s sou over this property, which belonged to the daughter. Young Fennessy coming of age, sued them for the LIO3O, and obtained judgment, as already stated ; but, inasmuch as he was in the mother country, where the publicans’ sons of the olden time were sent to receive that education which makes them such _ distinguished ornaments of Victorian society, the unhappy executors were allowed some nvmtlis of gr ece, in order that they might ask mercy of him. A pitiful letter was sent to young Mr Fcnnegsy, but he proved filnty-hcarted, and would have the due and forfeit of his bond. For some reason the time for the execution of tie decree was allowed to go by ; and yesterday Messrs Stephen and Webb applied to Jud e Molesworth, on behalf of plaintiff, to have it made over again. Mr Kelleher, who has aged into a grey-haired old gentleman since the time when, ip the impulsive kindness of middle life, he consented to look after the estate of his friend Fennessy, addressed the judge from the body of the court. He sq,id he went to a lawyer, but the first thing the lawyer wanted was LlO dovvp, to a barrister. He had no LlO, and consequently appeared in court himself. Mr Barry, the other executor, afterwards turned up likewise ; and the pair stood up together against the jury-box looking rather like a couple of prisoners than men who had undertaken a benevolent office for a friend. Judge Molesworth was at the pains to state that they had done nothing wrong, but were only foolish, and they would have to pay for their folly. All he could do was to make an order in the terms applied for, and he would allow them time months to pay in If they were unable to pay in the time, he said they would have tp vpsort to the Insolvent Ooayfe —and his Honor sniffed. Such is the end of the years of anxiety those two unfortunate men have spent over the management of their friend’s estate, since 1855. Kelleher is said to have no money, but Barry is supposed to be a good mark. Part of the property inherited by young Fennessy is the notorisus Colisseum in Bourke street, which affords the living scion of the Fennessys a living of L 450 a year. One strange feature about the case is that an allotment of land belonging to the estate has positively been lost. Old Fennessy, is bis will, mentioned some land at Brighton, but all the talent brought to bear has been unable to identify it.