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![handle is hein.slavery/ssactsengr0740 and id is 1 raw text is: ATTORNEY-GENERAL V. MILL
His Lordship doth order that so much of the bill as seeks to have an account
taken of the personal estate of Richard Abbott prior to the time when John South-
gate became the personal 'epresentative of the said Richard Abbott, during the
minority of Mary Ann Abbott, do stand dismissed ; and doth therefore order that
the decree be varied, by directing the Master to take an account of the personal
estate of the intestate come to the hands of John Southgate, or of any other person
or persons by his order, or for his use, since he became the personal representative
of the intestate under and by virtue of the letters of administration durante mino-
ritate of Mary Ann Abbott, instead of taking the account of the personal estate
of the intestate against the said Defendant, as directed by the decree. And it is
ordered that the said decree be also varied, by directing that the [328] Master do
take an account of the personal estate of the intestate come to the hands of the said
Defendant, Mary Ann Abbott (now Mary Ann Meller), or of any other person or
persons by her order, or for her use, since the second letters of administration were
granted to her, after she attained the age of twenty-one years, instead of taking
an account of the personal estate of the intestate against her as directed by the
decree: and with the aforesaid variations, it is ordered that the decree be affirmed, &c.
Reg. Lib. 1826, A. 1679.
(1) From a note taken by the reporter, of what was said by the Vice-Chancellor,
at the hearing of the cause, it appears, that his Honor stated that, in his opinion,
the infant could not be charged in respect of her receipts during her minority.
ATTORNEY-GENERAL V. MILL. May 14, 16, 1827.
A Scotchman, by a will in the English form, made in England, gave the residue of
his personal estate to trustees, of whom some, but not all, were resident in Scot-
land, upon trust to lay out the same in the purchase of lands, or rents of inherit-
ance in fee simple, for the intent expressed in an instrument of even date with
his will; and by that instrument, he directed the trustees of his will to pay the
rents annually to certain other trustees, who at all times were to be persons
residing within twenty miles of Montrose, to be by them applied to the relief of
indigent ladies in Montrose, or within twenty miles of that town : Held, that the
bequest was void under the mortmain act.
David Mill, the testator, was a native of Montrose. Having acquired a con-
siderable fortune in the West Indies, he returned to Scotland about the year 1786,
and took up his abode in his native town. In 1791, he made a journey to London,
in order to transact some business; and, being attacked by a sudden illness, he
there made his will, dated the 5th of December, whereby he gave and bequeathed
his estate or plantation, situate in the island of Cariacou, with the lands, slaves,
hereditaments, and appurtenances thereto belonging (subject to an annuity or
rent-charge of £300 thereinafter mentioned), and all other his estates and effects,
both real (1) and personal, not thereinafter, or by any [3291 codicil thereto, specific-
ally bequeathed, unto his cousin James Mill, of Camberwell, in the county of
Surry, Esq., his brother, George Mill, of Montrose, in North Britain, and his cousin,
Hercules Mill, of the same place, Esq., and Doctor Patrick Bartlett, of Cariacou,
and the survivor or survivors of them, his heirs, executors, administrators, or assigns,
upon trust, out of his personal estate, to pay his debts, funeral expenses, legacies
and certain annuities, and to apply a perpetual yearly rent-charge of £300, to be
issuing out of his plantation in the island of Cariacou, in such manner as to them
should appear best calculated to meliorate the situation of the slaves which should
from time to time be upon that estate.
The testator then proceeded to dispose of the residue of his real and personal
property in the following words :- As for all the rest, residue, and remainder of
my estate and effects whatsoever and wheresoever, and of what nature or kind
soever,--subject and charged and chargeable as aforesaid, and also subject to any
legacies which I may give by any codicil to this my last will, and also subject to all
such costs, charges, and expenses as my said trustees and executors, hereinafter
named, should bear, pay, sustain, or be put unto, in or about the execution of the
trusts hereby in them reposed,-I give, devise, and bequeath the same, and every
3 RUSS. 328.
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