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![handle is hein.slavery/ssactsengr0706 and id is 1 raw text is: lis apportionment of the sum of £10.216, 17s. Gd. cash in the Bank, standing in
the name of the Accountant General ; which by order was directed to be paid to
the several creditors or their personal representatives.
Thomas Wilcocks being dead, his executor proved his will in the Archdeaconry
Court of Barnstaple in the diocese of Exeter ; there not being bona notabilia out
of that diocese : the testator residing in that diocese ; and this being a debt upon
simple contract only.
[149] The Accountant-(eneral not thinking himself warranted in paying the
executor without an order of the Court or a Prerogative Probate.
Air. Short moved for an order upon the Accountant General to pay the money
on the ground of the smallness of the sum and the expence of a Prerogative Probate.
The Lord Chancellor made the order. (This case over-ruled, Challoner v. Murhall,
4 Ves. 118. Newman v. Hodgson, 7 Ves. 409. Thomas v. Davies, 12 Ves. 417).
NisnrTT V. MURRAY. MURRAY v. NISBETT. Rolls. Dec. 13th, 23d, 1799.
[See Guthrie v. Walrond, 1883, 22 Ch. D. 575.]
Residuary disposition of all the testator's real and personal estate in Jamaica. in
trust to be remitted to England, was held specific, and not to include a debt,
originally upon bond and judgment in Jamaica, and afterwards farther secured
by bond and judgment in England, under which it was received, and being con-
sidered undisposed of was applied in the first instance to the debts, &c. Ex-
ecutors having legacies of £20 a-piece to buy mourning rings and equal specific
legacies were upon the former held trustees of the undisposed of residue for the
next of kin, Qu, Whether equal specific legacies would exclude them,
Robert Nisbett of the parish of Westmorland in Jamaica, planter, by his will.
dated the 7th June 1787, and executed in that island, after directing, that all his
debts and funeral expences should in the first place be paid off and satisfied, to the
payment of which he subjected all his estates both real and personal, give and be-
queathed to David Murray and John Graham the sum of £20 a-piece to buy mourn-
ing rings ; and lie gave, devised, and bequeathed, to a free mulatto woman, named
Anney Gordon. some negroes and slaves, with fifteen acres of land in the said parish,
upon which, lie ordered, that a house might be built by his executors ; to hold
the slaves with their issue and the said fifteen acres, with such house, unto Anney
Gordon and her assigns during her life ; and immediately after her decease lie
declared it to be his will and desire, that the said slaves with their increase and the
said house and land should revert to and become part of the residuum of his estate ;
and lie thereby gave, devised, and bequeathed, the same in the same manner, and
for the like purposes, as lie thereby gave and devised the rest and residue of his
estate. He then gave to a free mulatto, the daughter of Anney Gordon. named
Elizabeth Gordon, a negro girl. named Peggy, with her increase ; to hold to Eliza-
beth Gordon during her life and the life of any of her children, if she should have
any ; and after her decease and the decease of her children, if she had any, lie
declared it to be his will, that the said negro slave and her increase should revert
to, and become part of, the residue of his estate ; and he thereby bequeathed the
said negro girl and her increase in the same manner and for the [150] like purpose
as he thereinafter gave and devised the residue of his estate ; and he gave to Anney
Gordon an annuity of £30 currency, to be paid her yearly during her life; but
subject nevertheless to the control of Murray and Graham, and to be discontinued
by them upon the condition therein mentioned ; and as to all the rest and residue
of his estate both real and personal of what nature or kind soever in the said island
of Jamaica. his household furniture and wearing apparel excepted, which he thereby
g ave to the said Anney Gordon, lie gave, devised, and bequeathed, unto David
Murray and John Graham, and the survivor, and the heirs and assigns of such
survivor, in trust nevertheless to sell and dispose of the same, as soon as conveniently
might be after his decease ; and that the monies to arise by such sale together with
all other monies belonging to his estate, or that should or might belong thereto.
should be remitted to Great Britain, there to be lodged by them, Murray and
Graham, in some public fund, bank or stock ; and the said monies so to be remitted
518
5 VES. 3tUF. 149.
NIS]IETI V. IURR AY](ViewImageLocal?handle=hein.slavery/ssactsengr0706&div=1&collection=&method=preview&ext=.png&size=3)