HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0719 and id is 1 raw text is: GRIFFITHS V. HAMILTON
The Master of the Rolls [Sir W. Grant]. Suppose, instead of a life, with regard
to which there might be some uncertainty, the testator had said, the [298] accumu-
lation should continue 24: years: it would be good for 21 years within that
determination.
As to the question upon the interest of Robert Williams in the legacy of £3000,
what can the words on the same conditions mean, but in the same manner ?
The Decree accordingly directed the accumulation for 21 years from the death
of the testator; and that Robert Williams should have the interest of the legacy
of £3000 during his life ; and after his death the capital should go in the same
manner as the preceding legacy to Mary Ann Williams was given.
GRIFFITHS V. HAMILTON. March 14th and 15th, 1806.
Executors not trustees of the residue for the next of kin : two of them only having
a legacy, expressed to be a testimony of regard; and immediately following
a particular trust, imposed upon them. Probate conclusive as to the character
of Executor. The appointment of Executors gives a joint interest in the residue;
which, not being severed, survived.
George Hallifax, factor in the East India Company's service on the West Coast
of Sumatra, by his Will, dated at Tappanooly, the 8th of November 1786, his debts
being discharged, gave and bequeathed to his reputed son Thomas Hallifax the
sum of £3000 three thousand pounds to his faithful housekeeper, the sum of 500
Spanish dollars to be paid her at the expiration of one month after his decease.
He then desired his executors, whom he should hereafter nominate, to deposit
the sum of one thousand eight hundred dollars in the Company's Bank at Fort
Marlbro', on bond bear-[299]-ing the usual interest of £10 per cent. per annum;
which interest he gave to his said housekeeper Maria Lucy Houselman during her
life : declaring his request that the same may be paid her quarterly ; and farther
gave her six slaves. The Will then proceeded in the following manner :
Item, I do give and bequeath to my father George Hallifax and uncle
Sir Thomas Hallifax five hundred pounds each.
Item, After the death of my aforesaid housekeeper Maria Lucy Houselman-
the above sum of one thousand eight hundred dollars to be given unto my reputed
son Thomas Hallifax and do appoint Richard Maidman and Joseph Jefferson
Esqrs. trustees and guardians to him.
Item, I do give and bequeath unto Joseph Jefferson and Richard Maidman
the sum of 1000 dollars to be divided equally being a small testimony of my
regard.
Item, I do nominate and appoint Thomas Palmer, Joseph Jefferson, John
Grifiths, Richard Maidman, Sparkes Hoare and Alexander Drummond Esqrs.
now residing on the West Coast of Sumatra executors to this my last Will and
Testament revoking all former Wills.
The testator died at Fort Marlbro' in December 1786. In October 1787 Griffiths,
who was at Fort Marlbro', wrote to the other executors, declining to act. Hoare
and Maidman proved the -Will in India. All the other executors except Hoare
and Griffiths died. Hoare, having returned to England, in 1799, alone proved
the Will in [300] England ; and died on the 26th of July 1802. After his death
Griffiths proved the Will. A bill upon the East India Company for £1937, 10s.
part of the estate of the testator Hallif ax, was remitted from India, and after the
death of Ioare, came to the hands of his executors. A quantity of Gum Benjamin,
also part of the estate of the testator, did not reach England till after the death of
Hoare. The bill was filed by Griffiths against the executors of Hoare, and against
the father of the testator ; praying, that the Plaintiff may be declared entitled,
as surviving executor, to all the testator's personal estate, not reduced into posses-
sion, and divided, previously to the death of Hoare. The Defendant Hamilton,
the testator's father, claimed, as sole next of kin, on the ground of the legacies
given to two of the executors.
The Solicitor-General [Romilly], Mr. Richards, and Mr. Owen, for the Plaintiff.
Three questions arise in this cause, 1st, whether the Plaintiff can be considered
as an executor : 2dly, whether the executors are beneficially entitled to the residue,
12 VES. JUN. 298.](ViewImageLocal?handle=hein.slavery/ssactsengr0719&div=1&collection=&method=preview&ext=.png&size=3)