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![handle is hein.slavery/ssactsengr0690 and id is 1 raw text is: MANNING V. SPOONER
MANNING V. SPOONER. Rolls. May 12th, July 27th, 1796.
(See Scott v. Cumberland, 1.874, L. R. 18 Eq. 583.]
Though a general charge of debts upon a devised estate will not prevent the previous
application of an estate descended, yet if the devised estate is selected and appropri-
ated to the debts, it is liable before the estate descended : but this arrangement
does not bind the creditor.
Charles Spooner by his will, dated the 14th of January 1785, after some specific
and pecuniary legacies gave all the residue of his personal estate to trustees, in trust
to convert the same into money, and thereout in the first place to pay all his debts
and funeral expences, and also the legacies therein mentioned ; and if there should be
any surplus of the monies to arise from his said personal estate, he directed, that it
should be laid out in the purchase of 3 per cent. consolidated Bank Annuities upon
the trusts after declared. He gave all his messuages, plantations, lands, tenements,
and hereditaments, and all his real estates whatsoever, whether in possession, reversion,
or remainder, situate in the islands of Antigua, St. Christopher's and Tortola, together
with all the buildings, slaves, horses, mules, cattle, and plantation utensils, and imple-
ments, and chattels of all sorts, therein or thercunto belonging, to the use of the said
trustees, their heirs, executors, administrators and assigns, upon [115] trust, that they
should during the life of his wife, and until the suni of £8000 3 per cent. consolidated
Bank Annuities should be raised, as after directed, and also till such farther sum
should be raised, as after mentioned, cultivate and manage, and receive the rents,
issues and profits, of the said plantations and estates, and apply the same, after paying
and securing some annuities therein mentioned, in payment of such of his debts and
legacies, as the residue of his personal estate should prove deficient in paying: and
should lay out and invest the residue and surplus of the annual rents and profits of
the said estates and premises from time to time in the purchase of 3 per cent. consoli-
dated Bank Annuities in the name of his said trustees, until the said Bank Annuities
together with the Bank Annuities (if any), which should be purchased with the surplus
of his personal estate, should amount to the sum of £8000 3 p,,r cent. consolidated
Bank Annuities; and subject thereto, and after the death of his wife, he directed,
that his trustees should convey the said plantations, estates and premises, in the islands
of St. Christopher's and Tortola to the use of his nephew Hungerford Spooner and his
issue male in strict settlement with divers remainders over ; and he directed them
to convey his said plantations, estates and premises, in Antigua to the use of his
nephew Peter Shawe and his issue male in the same manner with divers remainders
over ; and he declared, that all the negroes, cattle, stock, plantation utensils and imple-
ments, on and belonging to the said several estates should go along with the freehold
and inheritance of the said estates respectively. He gave £1000, part of the said £8000
3 per cent. annuities to his niece Mary Shaw, and the remainder of the said £8000
stock to several other nephews and nieces ; and he appointed his trustees executors
with his wife.
The testator at the date of his will was not seised of any real estates except those,
he had devised. Afterwards in August 1787, he purchased in fee simple an estate
at Landford in Wilts. He died upon the 12th of May 1790, leaving his niece Isabella
Spooner his heir ; who, the will not having been republished, entered upon the estate
at Landford ; and sold it for £4:200.
The widow and one of the trustees being dead, the will was established and the usual
accounts directed upon the bill of the surviving trustee. A supplemental bill was
afterwards filed by the surviving trustee, the devisees and legatees, praying an account
of the rents [116] and profits of the Landford estate received by the Defendant Isablla
Spooner and of the purchase-money ; and that in case the specialty creditors should
have exhausted any part of the personal estate, the legatees might stand in their
place upon the real estate descended. The purchase-money of the Landford estate
was paid into Court. It was decreed, that the accounts should be carried on in the
original cause. The Master reported, that £5047 had been received from the personal'
estate, and applied in discharge of debts and legacies; and that £9739 remained due
to the specialty creditors for principal and interest. The cause coming on for further
directions, the question was, whether the descended estate was liable to the debts
3 VES. JUN. 115.](ViewImageLocal?handle=hein.slavery/ssactsengr0690&div=1&collection=&method=preview&ext=.png&size=3)