In August 1881 H. G. died intestate in Victoria, and in October 1881 letters of administration to his estate were granted to his widow, L. G. In November 1881 J. and M. agreed in writing to take upon themselves exclusively the administration of the said estate, and did so, and after payment of the debts, funeral and testamentary expenses of the said estate, and of the share of the said L. G. to the said estate, retained possession of certain moneys belonging to the plaintiffs which by deed poll dated 6th April 1882, they admitted were in their hands for and on behalf of the plaintiffs (who were then infants), and which they declared that they held jointly with the said L. G. as trustees for the plaintiffs. Shortly afterwards L. G. and the plaintiffs left for England, where they had since resided, and the statement of claim alleged that thereafter the said trust moneys, being left in the possession of J. and M., were improperly invested and deposited by them, and between the years 1892 and 1894 became wholly lost. In 1890 J. died and the defendant was appointed executor of his estate, and was now sued as such executor for the moneys so lost as aforesaid.