§ THE LORD CHANCELLORMy Lords, in moving the Second Reading of this Bill, I need not repeat the statement of its scope and objects made in the discussion which took place upon it last time. The only observation I have to make about it is in reference to the new provisions of the Bill, which I imagine will increase the probability of its being passed. The first of those provisions is, in Clause 3, that where proceedings have been instituted in the High Court for the administration of 995 the estate of any deceased person, and, by reason of the small value of such estate or otherwise, it appears to the Court that the estate could be more economically or better administered by the Public Trustee the Court may order that to be done. The other provision is one which may, perhaps, conciliate and secure the advocacy of a large class of persons who, I am afraid, did not quite concur in the Bill as it stood. Section 11 of the Bill as it now stands provides that where a testator, settlor, or other creator of any Trust directs or authorises the employment of any particular solicitor or bank, or where either the co-Trustees of the Public Trustee, or the persons appearing to the Public Trustee to be for the time being entitled to the income of the Trust, or, if they are infants, their guardians, shall require the employment of any particular solicitor or bank, they may so direct, subject to proper restrictions, and such solicitor or bank shall be so appointed, but subject to removal upon good cause on the application of the Public Trustee or persons appearing to the Court to be interested in the Trust. My Lords, I believe that new provision may possibly conciliate and obtain for the Bill the support of those who disapproved of, though they wore not perhaps altogether responsible for the rejection of the measure last year; and, under these circumstances, I venture to hope that the public and your Lordships' House will now welcome this Bill.
THE EARL OF BELMOREMay I ask the noble and learned Lord one question. The Bill applies only to English wills. Is it meant by English wills, those deposited in Somerset House, or would it include wills which were proved partly in England and partly in Ireland? What I want to know, in other words, is whether it applies solely to wills of persons domiciled in England, or to those cases in which the trust property is in England?
§ THE LORD CHANCELLORI am afraid I cannot give an absolute answer to the inquiry of my noble Friend. The Bill provides for the appointment of the Public Trustee in regard to any English will settlement or Trust by an order made in accordance with the section. That may be subject to exceptions. I am afraid I cannot absolutely reply to my noble Friend.
§ Bill read 2a (according to order), and committed to the Standing Committee for Bills relating to Law, &c.