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![handle is hein.slavery/ssactsengr0610 and id is 1 raw text is: IV BROWN. BECKFORD V. BECKFORD [1783]
FACTOR.
[38] CASE 1.-RICHARD BECKFORD,-Appellant; WILLIAM BECKFORD,-Be-
0 spondent [28th April 1783].
[Mew's Dig. xv. 1481.]
[A. by will devises all his estates to his eldest son in tail male, with remainders
over; part of the property consisted of an estate in Jamaica, and therefore
the testator added the following clause: And I recommend to my executors,
that all sugars, rum, and other plantation produce that is sent to the port
of London, be consigned to the house of Collet, Evans, and Co. until such
time as any of my sons shall set up in the business of a sugar factor; then
my desire is, that the consignments may pass through his or their hands.
C. a natural son of the testator's, set up the business of a sugar factor,
during the minority of the devisee, and accordingly got the consignments.
Upon the devisee's coming of age, C. accounted with him, but insisted on
being entitled to his commission not only upon the produce which he had
actually sold, but also upon the produce which had been consigned to him,
but was not then arrived in the port of London. Held, that the words of
the above clause were not imperative, or amounted to words of bequest in
favour of C. but were recommendatory only. Held also, that C. was entitled
to a commission only upon what he had actually sold, and not upon what was
only consigned, but not delivered to him.]
DECRETAL ORDER of Chancery AFFIRMED.
William Beckford, late of Fonthill Gifford, in the county of Wilts, Esq. deceased,
being in his life-time seized of considerable real estates in the kingdom of Great
Britain, and of divers plantations and estates, in the island of Jamaica; did duly
make and publish his last will and testament in writing, bearing date the 19th
day of June 1765, executed and attested so as to pass real estates; whereby, among
other things, he gave and devised (subject and charged in his said will is men-
tioned) all his manors, plantations, slaves, lands, tenements, hereditaments, and
real estates whatsoever, with the appurtenances, unto his son William Beckford,
and to the heirs male of his body lawfully issuing; with remainder to the heirs
male of the said testator's own body lawfully issuing; with remainder to his
natural or reputed son Richard Beckford, and the heirs male of his body lawfully
issuing, with divers remainders over; and the testator gave and bequeathed all.
the rest and residue of his goods, chattels, and personal estate whatsoever and
wheresoever, unto his executors therein-after appointed, in trust, to get in and
dispose of, and convert the same into money with all convenient speed, (except
such good, chattels, and things, as they should think proper to preserve in specie,
which he left to their dis-[39]-cretion,) and to apply the same in the first place to
the payment of his debts, and such of the thereby given legacies as were directed
to be paid in a limited time, and afterwards to the payment of the other legacies,
as they should become payable; and as to the overplus, (if any,) and also as to
the goods, chattels, and things, which should be preserved in specie as aforesaid,
in trust for his said son William Beckford, and to be paid and delivered to him
when he should attain the age of twenty-one years; and in case of his death under
that age, then in trust for the person, who, under his will, should next become
entitled to his real estates thereby devised, and should attain the age of
twenty-one years: and he did thereby appoint the right honourable the Lord Bruce,
Sir John Gibbons, Henry Hoare Esq. the reverend Dr. Charles Wake, William
Matthew Burt Esq. and George Cooke Esq. (who died in the testator's life-time,)
executors of his will, and guardians of the persons and estates of his said sons and
daughters during their respective minorities; and he thereby declared his will and
mind to be, that his said executors, and the survivors and survivor of them,
should have the whole and absolute management of all the estates and
premises thereby devised, during the respective minorities of his said sons therein
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