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![handle is hein.slavery/ssactsengr0839 and id is 1 raw text is: GARLAND V. SCOTT
of money which had been advanced and paid by the testator in his lifetime, to or for
the use of his children, George Pyne Andrewes, Isabella Makeig, Thomas Andrewes
and Frederick Andrewes respectively; and that the Master should compute interest
on such advances at the rate of four per cent. per annum, from the time of the
testator's (395] decease, but without prejudice to the question whether any and what
interest should be charged thereon, and whether from the time of the testator's
decease or from any later period. The Master found that the testator had advanced
and paid, to or for the use of his four last-named children, the following sums respec-
tively, namely, £511, 16s. 6d., £278, Is. 3d., £1063, 18s. 6d. and £112, 7s. 2d. ; and
the Master then stated the amount of the interest on each of those sums computed as
directed by the decree.
The cause now came on to be heard for further directions, and the question was
from what period the interest on the advances ought to be computed?
Mr. Parker and Mr. Flather appeared for the different parties.
THE VICE-CHANCELLOR [Sir L. Shadwell] said that the testator meant that the
deductions, in respect of the advances, should be made at the time when his property
would become divisible, namely, the death of his widow: and His Honor accordingly
directed interest at four per cent. to be computed on the advances from the death of
the testator's widow.(1)
[396] GARLAND V. SCOTT. March 22, 1830.
Solicitor and Client. Production of Documents.
The Court will not order a Defendant to produce letters which passed between him
and his solicitor, in the relation of solicitor and client, in the progress of the cause,
or with reference to it, previously to its being instituted, or which contain legal
advice.
The bill was filed by the vendor against the purchaser of an estate, to compel the
specific performance of the agreement. The Defendant, in his answer, admitted that
various letters and notes relating to the estate and the agreement, and to the other
matters in the bill mentioned, had been written and sent and received by the Defen-
dant and his solicitors and agents, to and from each other, and to and from other
persons, and that he had the same, or some copies thereof, in his custody or power:
and he set forth a list thereof in the schedule to his answer; but he submitted that,
inasmuch as all such letters and notes were written as communications made, between
him and his solicitors, confidentially, and in the way of business, he was not bound
to produce any of them to the Plaintiff or for his inspection.
Mr. Jacob, for the Plaintiff, moved that the Defendant might leave, with his Clerk
in Court, for the usual purposes, the letters and notes, and copies of letters and notes,
admitted by the Defendant to be in his custody or power, and which were specified
in the schedule. He cited Hughes v. Biddulph (4 Russ. 190) and Williams v. Mandie
(Ryan & Mood. 34).
Mr. Teed, for the Defendant, opposed the motion on the ground stated in the
answer. He cited Preston v. Carr (1 You. & Jer. 175).
[397] The following order was made upon the motion
This Court doth order that the Defendant do, within three weeks, leave, in the
hands of his Clerk in Court, the letters and notes, and copies of letters and notes
admitted, by the said Defendant, by his answer, to be in his custody, possession or
power, and which are specified and set forth in the schedule to his answer, except
such of the said letters and notes, and copies of letters and notes, as the Defendant
(1) Where children, some of whom only have been advanced, or who have not
been all equally advanced, become entitled to their father's property, at his death,
but the property is not distributed amongst them until after the expiration of a year
from that event, the Court would, perhaps, direct interest at four per cent. to be
computed on the advances from the end of that year.
1046
$ Sim. 395.](ViewImageLocal?handle=hein.slavery/ssactsengr0839&div=1&collection=&method=preview&ext=.png&size=3)