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![handle is hein.slavery/ssactsengr0106 and id is 1 raw text is: DENTON V. DAVY [1836]
[15] ON APPEAL FROM THE COURT OF CHANCERY OF JAMAICA.
STEPHEN DENTON and DUNCAN ROBERTSON, Esqrs.,-Appellants; JAMES
LEWIS DAVY, JOHN DAVY and JOHN COLEY, Executors of the last Will
of JAMES DAVY, deceased,-Respondents * [15 June 1836].
The commission of £6 per cent. given by the Jamaica Act 24 Geo. 2, c. 19, to
agents, trustees, guardians, executors, etc. for the management and disposal
of the rents and profits of an estate, being in the nature of a remuneration
for the trouble and responsibility of conducting the business of a merchant
on the island, is payable only to persons actually resident on the island, and
capable and willing to act in the trusts of the estate; and the commission of
£5 per cent. given by the same Act for receiving and remitting monies can
only be claimed where the receipts or payments are actually made on the
island [1 Moo. P.C. 38, 39].
Sentble. Where a party is made a co-plaintiff, having no interest in one of the
objects sought by his co-plaintiff, and the bill is sustainable only in respect of
that object, it must be dismissed [1 Moo. P.C. 41, 42].
On the 10th January 1831, the appellants, Stephen Denton and Charles Gatfield,
since deceased, filed their bill in the Court of Chancery of Jamaica against the above-
named respondents. The complainants described themselves as Stephen Denton,
late of the parish of Manchester, in the island of Jamaica, but then of England, and
Charles Gatfield, of England, Esqrs., the surviving trustees, and two of the executors
under the last will and testament of Henry Palmer, late of the said island of Jamaica,
Esq., deceased, and as suing by the above-named appellant, Duncan Robertson, of the
said island, their attorney in that behalf.
[16] The bill stated that Henry Palmer was, at the time of making and publishing
his last will and testament, and at the time of his death, seised and possessed of very
considerable real estate and slaves, and was also possessed of considerable personal
estate and effects in Jamaica; and being so seised and possessed, made and published
his last will and testament in writing, executed and attested as by law required, for
rendering valid and effectual devises of real estate and slaves, bearing date the 6th
day of August 1814; and thereby he willed and directed that all his just debts, funeral
expences, and the expences attending the execution of that his will, should be fully
paid and satisfied by his executors thereinafter named, as soon as possible after his
decease, to the payment whereof he thereby subjected, charged and made liable all
his estate: and after full payment and satisfaction thereof, he gave and bequeathed
certain annuities and legacies therein particularly specified, to the payment of all
which legacies, annuities and bequests he thereby subjected, charged and made
liable all his estate, both real and personal: and as to all the rest, residue and re-
mainder of his estate, both real and personal, or of what nature or kind soever the
same then was or thereafter should or might be, or wheresoever situate at the time
of his decease, in possession, reversion, remainder or expectancy, or of which he
might be possessed and seised and entitled unto, he gave, devised and bequeathed the
same, and every part and parcel thereof, unto his friends Charles Gatfield the elder,
of Newgate-street, in the city of London, in the kingdom of Great Britain, Esquire,
and Stephen Denton and James Davy, both of the parish of St. Elizabeth, in the
county and island aforesaid, Esquires, [17] their heirs, executors, administrators
and assigs, in trust nevertheless, and to, for and upon the several uses, trusts,
intents and purposes thereinafter limited, mentioned, expressed and declared, of
and concerning the same; that is to say, in trust that they his said trustees, or the
survivor of them, or his heirs, executors or administrators, did and should, as soon
as possible after his decease, sell and dispose of the same and every part thereof, for
the monies that could be had or gotten; and upon such sale to sign, seal and execute
good and sufficient deed or deeds of conveyance to the purchaser or purchasers
thereof, and the monies arising therefrom to lay out and invest in the purchase of
bank or other stock in the Bank of England, or some Government funds, or other
* Present: The Vice-Chancellor [Sir Lancelot Shadwell], Mr. Baron Parke, Mr.
Justice Bosanquet, and the Chief Judge of the Court of Bankruptcy [The lion. Thomas
Erskine].
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