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![handle is hein.slavery/ssactsengr0671 and id is 1 raw text is: thereby occasioned, and some extraordinary directions given for the payment thereof,
unless it be thought proper that the same should, in all cases, come out of the estate.
The cause came on now upon the Master's report.
Mr. Mansfield, Mr. Scott, and Mr. Ainge supported the exception, and cited two
additional cases on the subject; one of Shepherd v. Mills, where the exception was
disallowed because the Master had appointed the person recommended by the parties
principally interested ; the other of Hamilton v. Frankland, in 1752, where the Master's
appointment was set aside.
The Lord Chancellor said, The observation with which the Master had concluded his
report, had great weight with him. He thought it would be very injurious to the suitors
in the court, that questions of this sort should arise. The good sense of the matter was,
that the Master's report and approbation [256] should stand until the person recom-
mended by him was impeached as an improper person; which not being the case here,
The exception was over-ruled. (Reg. Lib. 1786, A. fol. 778 b.)
(1) In confirmation of this decision, see Thomas v. Dawkin, 3 Bro. C. C. 508, and
more fully 1 Ves. jun. 452. Garland v. Garland, 2 Ves. jun. 137. Bowersbank v.
Colasseau, 3 Ves. 164. Wilkins v. Williams, ibid. 588. Sharpe v. Sharpe, 12 Ves.
317. Egginton v. Flavell, stated from MSS. 2 Madd. Rep. 253. Sir T Plumer, Vice Ch.,
adduced all these authorities, after the utmost research, in Attorney General v. Day,
2 Madd. Rep. 252, 253. The peculiar circumstances of that case should be noticed.
Vide ibid. 246, &c.
[257] SITTINGS BEFORE MICHAELMAS TERM, 28 GEo. 3, 1787.
DONNE against LEWIS. Lincoln's Inn Hall. [31st October and 4th November 1787.]
Although generally a descended estate shall be applied in exoneration of a devised
estate (though under a charge for payment of debts) yet it shall not be so, if the
devised estate be expressly pointed out in aid of another fund provided for that
purpose.(1)
This cause came on upon further directions.
William Lewis made his will, dated the 18th of June 1785, and thereby desired
that all his just debts, funeral expences, and the charges of proving his will, might
be paid as soon as convenient after his decease, and gave and bequeathed to his wife,
the defendant Sarah Lewis, the sum of £200, and also several specific parts of his personal
estate. He then devised to the said Sarah Lewis, and to Thomas Lett, and Joseph
Bushnan, and the survivor of them, and the heirs, executors, and administrators of
such survivor, according to [his (Reg. Lib.)] respective estates and interests therein,
all his freehold, copyhold, and leasehold estates (not thereinafter particularly bequeathed)
together with all his ready money and book debts, which should be due and owing
to him at the time of his decease, in or upon account of his several trades or employ-
ments of a builder and feather merchant, upon trust, that they the said Sarah Lewis,
Thomas Lett, and Joseph Bushnan, &ec., should collect and receive the said book debts,
and sell and dispose of his said freehold, copyhold, and leasehold estates, and out of the
money arising thereby, pay and discharge all his debts and legacies whatsoever (except
the debts secured by mortgage of the estates thereinafter specifically bequeathed,
which were to be paid and discharged by the devisees of those estates respectively),
and in case the money so to be raised by his said [258] trustees, should not be sufficient
to discharge the said debts and legacies, then he willed that the deficiency should be
charged on the several estates thereinafter given and bequeathed to or for the use of his
three sons and two daughters respectively, and that one-fifth part of such deficiency, with
interest thereon, at 5 per cent. from the time of his decease, should be paid by each of his
said sons and daughters. He then proceeded to devise very fully and particularly
to, or in trust for, his five children respectively, five several estates; four of which
were leasehold, the other freehold, and three of the leasehold estates were subject to
mortgages or other incumbrances : but in case it should be necessary to pay off and
discharge the mortgages or other incumbrances upon any part of his estates before
the trusts thereby created concerning such estates respectively, should be fully executed
i42
DONNE V. LEWIS
2 Btt0. 0. C. 256.](ViewImageLocal?handle=hein.slavery/ssactsengr0671&div=1&collection=&method=preview&ext=.png&size=3)