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![handle is hein.slavery/ssactsengr0302 and id is 1 raw text is: DANIEL V. TROTMAN [1863]
[123] ON APPEAL FROM THE COURT OF CHANCERY IN THE ISLAND OF
BARBADOES.
THOMAS DANIEL,-Appellant; GEORGE HEWITT TROTMAN and others,-
Respondents * [Feb. 7, 16, and 17, 1863].
A plantation and estate in Barbadoes was devised to Executors, in trust to
manage and to apply the profits, in payment of the expenses of executing
the trusts, including a commission, and in payment of several annuities;
also to provide for the maintenance and education of certain persons, and
to raise in aid of the personal estate, not specifically bequeathed, so much
money as should be required to satisfy funeral expenses and debts, and the
liens and charges on the real estate, until the debts and liens should be fully
paid and satisfied, and subject thereto, upon certain ultimate trusts.
D. a West India Merchant, carrying on business in Bristol and London, who had
been in the habit of making advances, as consignee of the Testator's estate,
continued, under a special agreement, but not in writing, to make similar
advances to the only Executor who proved the Will, and made such
advances to clear the estate from the charges, and to satisfy legacies and
annuities given by the Will. The Executor having misappropriated a
portion of the advances made to him by D., a suit was instituted for the ad-
ministration of the estate in the Court of Chancery in Barbadoes, in which
that Court disallowed to D. all advances made by* him, not proved to have
been applied for the benefit of the Testators' estate.
Held,-First, that the Executor had power under the Will to bind the future
profits of the estate, for advances made for the management of the estate,
and had sufficiently exercised that power by the agreement with D. [1 Moo.
P.C. (N.S.) 149].
Second, That, in the circumstances of the case, the consignee was not bound to
see to the application of the advances made by him [1 Moo. P.C. (N.S.) 151].
Semble.-There may be rights on the part of consignees of West India estates,
paramount to the rights both of the Trustees and cestuique trusts [1 Moo.
P.C. (N.S.) 152].
An objection to an agreement, as being void by the Statute of Frauds, 29th,
Car. II., c. 3, by reason of not being in writing should be pleaded by the
answer, and cannot be entertained at the hearing of an appeal [1 Moo. P.C.
(N.S.) 149].
The Appellant carried on business as a West India Merchant in the cities of
London and Bristol, [124] under the title of Thomas Daniel and Co. and Thomas
Daniel and Sons. Before the year 1854, and until his decease in that year, George
Hewitt, late of Barbadoes, planter, the Testator in the cause, was in the habit of
consigning portions of'the crops of sugar made on his plantations in Barbadoes to
the Appellant's mercantile houses in London and Bristol for sale, and of drawing
Bills of exchange on them, both himself and by Benjamin Howell Jones, hereinafter
named, his attorney, against the net proceeds of the consignments. At the decease
of Hewitt, which occurred in August, 1854, there were balances due from him to
both the Appellant's houses on the consignment accounts. These balances were
carried over in the Appellant's books to new accounts headed, Dr. The estate of
George Hewitt, deceased, in account with Thomas Daniel and Co. Cr.: and Dr.
The estate of George Hewett, deceased, in account with Thomas Daniel and Sons Cr.
Hewitt by his Will, dated the 15th of January, 1853, devised his plantations in
Barbadoes to certain trustees, including Benjamin Howell Jones, upon trust to
conduct, keep up, and manage the plantations and hereditaments in the most ad-
vantageous manner and to pay and apply the rents, issues and profits thereof
respectively, until the period thereinafter mentioned, (being the period of dis-
tribution), in manner following in payment of expenses [125] of executing the
* Present: Lord Kingsdown, the Lord Justice Knight Bruce, and the Lord
Justice Turner.
P.C. Iv. 649 21a
I MOORE N.S., 123](ViewImageLocal?handle=hein.slavery/ssactsengr0302&div=1&collection=&method=preview&ext=.png&size=3)