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![handle is hein.slavery/ssactsengr0717 and id is 1 raw text is: ROSE V. CUNYNGHAME
[29] ROSE v. CUNYNGHAME. Rolls. June 1st, 27th, Aug. 7th, 1805.
Devise and bequest of all the testator's real and personal estate in Grenada to pay
all such annuities, legacies, or bequests, as he should give or bequeath to be paid
out of, or charged upon, his real or personal estate in Grenada by his Will or
any codicil, whether witnessed, or not. A charge by an unattested codicil is
void : this being, not a charge by the Will of legacies, but a reservation by a Will,
executed according to the Statute, of a power to charge by an unattested paper.
As to the objection, that the real estate was not charged as a subsidiary fund to
the general personal estate, Qucere.
Robert Udny, by his Will, dated the 1st of June 1801, and duly executed accord.
ing to the Statute of Frauds (stat. 29 Ch. II. c. 3), devised to. trustees, their heirs,
executors, &c., a plantation, called Calavery, and all his other lands, tenements,
and real estates whatsoever in the island of Grenada in the West Indies, and all his
slaves, utensils, &c., and all other his personal estate whatsoever, &c., in the said
island ; upon trust by and out of the produce and annual profits of his said real
and personal estate in the said island of Grenada to pay off and discharge all debts
and incumbrances, to which the said estates should be liable at his decease ; and also
to pay off and discharge all such annuities, legacies, or bequests, as he should give
or bequeath to be paid out of and from, or charge and make chargeable, upon, his
real or personal estate in the said island of Grenada by his Will or by any codicil
or codicils thereto or by any writing or writings at any time or times hereafter,
signed by him, or in his own hand-writing, whether witnessed or not ; and after
payment and satisfaction of the said debts and other incumbrances, annuities,
legacies, and bequests, as aforesaid, to lay out all the residue of the annual produce
of his said estate, with all the future rents, and also the produce of his personal
estate in the island of Grenada, upon trust to accumulate till 1810 ; and then the
estate to go to his nephews ; and the accumulation [30] was to compose a part
of the residue of his personal estate : and to be disposed of accordingly.
By a subsequent clause of the Will the testator declared, that he did thereby
charge and make chargeable his said estates and plantations in the island of Grenada
aforesaid with the payment of one annuity or clear annual sum of £200 to be paid
and payable to his wife Martha Udny and her assigns, by equal half-yearly pay-
ments, for and during the term of her natural life, in satisfaction of the covenant
in his marriage settlement. He afterwards farther gave and bequeathed and
charged and made chargeable his said estates and plantations in Grenada with the
payment of another annuity of £1000 to be paid to his daughter Mary Cunyng-
hame and her assigns for life, upon certain conditions.
. The testator afterwards gave to the same trustees, their heirs, executors, &c.,
his estates at Teddington, and all other his freehold, copyhold, and leasehold estates
in Great Britain, which he was then or might be at his decease seised or possessed of
(except some freehold and leasehold premises in Paternoster Row, London, which
he afterwards gave to his daughter), and all his ready money, securities, stocks,
&c., and all his real and personal estate whatsoever and wheresoever, which he should
be possessed of or entitled to at his death and have a right to dispose of (except
such part of the same, of which by that his Will, or by any codicil or codicils thereto,
or by any writing to be signed by him or wrote in his own hand, whether witnessed
or not, he has disposed or shall dispose), upon trust, with all convenient speed after
his decease, to call in and sell all his property, both freehold, copyhold, and leasehold,
and all other his said real and personal estate and effects (except as before excepted),
and also except his stock, which he particularly desired his trustees should not
[31] dispose of at a less price than he had purchased at, unless an absolute necessity
requires, that any part thereof should be sold to enable them to make payment of
any of his debts or legacies, in which case he gave them full power to sell and dispose
of any such part of his said public funds as may be by them deemed necessary for
those purposes ; and he declared that his said trustees and executors should stand
possessed of and interested in the monies, which shall so come to their hands by the
several ways and means hereinbefore last mentioned : upon the following trust :
Upon trust to pay and discharge my funeral expences and the charges of
proving this my Will, and all debts which shall be due and owing by me at the
12 VES. JUN. 29.](ViewImageLocal?handle=hein.slavery/ssactsengr0717&div=1&collection=&method=preview&ext=.png&size=3)