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![handle is hein.slavery/ssactsengr0810 and id is 1 raw text is: 850 ARMSTRONG V. STORBR ... .
was filed by Mrs. Year-[277J-wood against her husband and her child, claiming the
fund absolutely.
Mr. Kindersley and Mr. Freeling, for the Plaintiff, argued that the legatee took
absolutely. That the gift was clearly absolute in the first instance, and that as the
Court could not give effect to the gift over to her heirs, being the nearest relations of
a grand aunt, the first absolute gift remained.
Mr. Phillips, for the child of the marriage.
THE MASTER OF THE ROLLS [Lord Lang ale]. I do not find any ground for taking
the absolute gift away from the Plaintiff.
[277J ARMSTRONG V. STORER. March 3, 10, April 20, 1846.
The Master made a report not strictly following the order of reference, but, no objec-.
tion or exception having been taken thereto, it had been confirmed. A party to,
the suit afterwards petitioned, on the ground of the informality, to discharge the
orders nisi and absolute confirming the report, but it was dismissed.
A creditor's bill was filed by A., on behalf of himself and other creditors, against B.
and others. After decree, the suit abated by the death of B. C., his executor,
filed a bill of revivor on behalf, &c., and the suit was revived. A. afterwards filed
other bills, and the proceedings before the Master were attended by A. on behalf
of the creditors at large. Held, that C. was not, by the fact of filing the bill of
revivor on behalf, &c., incapacitated from compromising for his own benefit, a claim
on the estate.
This suit was instituted in 1823, by Armstrong and others, on behalf of themselves,
and the other creditors, for the administration of the estate of Anthony Gilbert
Storer deceased.
In June 1827 a decree for an account was made, but before report, and in 1830,
the suit abated by the death of Lewis Bazalgette, who was a Defendant. In 1832
[278] Evelyn Bazalgette, the executor of Lewis Bazalgette, filed a bill of revivor on
behalf, &c., and an order to revive was obtained in January 1835. In August 1835
the Plaintiff, Armstrong, also filed a third bill to revive the suit, and also a fourth
bill.
Joseph Stone Williams, deceased, had been the receiver of the estate in Jamaica,
and his representative, James Grant, claimed a considerable sum due to him, and he
sought to obtain payment out of a fund in Court arising from slave compensation.
By an order, dated the 12th of January 1841, made on the petition of James
Grant, it was referred to the Master to inquire whether James Grant, the Petitioner,
had any lien, charge, or incumbrance (by virtue of an order, dated the 2d of May
1838 or otherwise), upon the compensation money in the petition mentioned, or any
part thereof; and in case he should find that the said James Grant had any such
lien, charge, or incumbrance, the Master was to ascertain the amount thereof; and
was also to inquire, whether there were any and what other claimants upon the said
compensation monies, or any part thereof, having claims prior to the Petitioner
James Grant, or entitled to rank equally with him, and to ascertain the amount
thereof.
The order of the 2d of May 1838, referred to in this order of reference of the 12th
of January 1841, was an order of the Court of Chancery in Jamaica. The compen-
sation money therein mentioned, consisted of certain sums transferred or brought
into this Court by the Commissioners of West India Compensation.
The reference was regularly proceeded with before the Master, and was duly
attended by all parties. Grant, as the executor of Joseph Stone Williams, claimed
[279] to be entitled, as against the estate in question, to the sum of .£3654, 2s. and
interest from the 30th of April 1837 ; and it appeared, that by the order of the 2d of
May 1838, it was ordered and directed, that the Accountant-General of the High
Court of Chancery in England, or other the proper person, should, in the first place,
out of the compensation money received in respect of the claims therein mentioned,
pay or transfer to James Grant, the sum of £3654, 2s., together with interest thereon,](ViewImageLocal?handle=hein.slavery/ssactsengr0810&div=1&collection=&method=preview&ext=.png&size=3)