[equity – guardianship]

In re Fereday and Worthy

Supreme Court of Van Diemen’s Land

In banco, Pedder C.J. and Montagu J., 14 May 1839

Source: Tasmanian, 24 May 1839

            This was a cause in Equity, and had been before the Court for more than ten years. The Solicitor General now prayed the Court, under the 47th section of the Act of Council, to direct the investment of £238 10 3½ in mortgage or otherwise, which sum had been paid into Court, on behalf of the infant, Worthy, and was now lying there, perfectly unproductive. The object of the motion was merely to invest the money for the benefit of the infant, and was made by the learned Counsel, on the affidavit of Mr. E. Wilkinson, her father-in-law, and natural guardian. The Chief Justice thought the precise nature of the security ought to be pointed out.

The Solicitor General suggested a reference to the Master, who might judge of the validity of the security; he would observe, that, according to law and equity, the guardian was entitled to apply for maintenance; his client, however, waived this privilege, and merely wanted the money invested.

A discussion here ensued, first, as to the procedure, in making the motion, and, secondly, as to Mr. Wilkinson’s right to do so, he not being the legal guardian of the applicant; it was, at length, agreed, that a guardian should be appointed by next (this) week, who should present a petition to the Court, pointing out the previse nature of the investment, and the security.