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![handle is hein.slavery/ssactsengr0871 and id is 1 raw text is: payable to her out of the estate, until the son attains twenty-two, is not sufficient
to put the widow to her election: Hall v. Hill. In Roadley v. Dixon there was a
direction to manage a particular farm, which constituted the principal part of an
estate now in my possession, and the widow claimed dower out of it. The manage-
ment of the farm was considered inconsistent with her claim to set it out by metes
and bounds. Hall v. Hill was in a great measure decided on the ground of the power
of leasing, which applied to the whole property. [THE VICE-CHANCELLOR. In the
present case the Dow Meadows are described as being in the occupation of George
Baker.] In Miall v. Brain (4 Madd. 119) Sir John Leach considered the claim of
dower to be necessarily excluded by the gift of a house for the personal occupation
and enjoyment of the testator's daughter. Butcher v. Kemp (5 Madd. 61 ; see Reynard
v. Spence, 4 Beav. 103) was decided on like considerations. The present case is
distinguishable from those which have been referred to.
[731] Mr. Wilbraham, in reply.
THE VICE-CHANCELLOR [Sir J. L. Knight Bruce]. The question is whether upon
the face of the will it appears that the testator, in making the will, was under an
impression that this land at Awre would, at the time of his son Thomas attaining
twenty-two, be enjoyed by some person other than the widow; without considering
whether she would or would not be entitled to free-bench out of it. If you find that
he made his will under that notion, then it is a case of election. Now I think you can.
It would be unsafe to look at any particular clause in the will as alone indicating
that impression, but, looking at the general disposition of the property-looking at the
general expression of his intention that the shares into which he distributed this farm
should be in the immediate enjoyment of the several persons to whom they were
devised, when his son should attain twenty-two (a point which he appears to insist
upon throughout the whole will), and when you see that, in using the expression
possessed of or entitled, he makes no distinction between the Dow Meadows and
the other lands in Awre-taking all these circumstances together, I think it may be
collected that it was the testator's intention that the Dow Meadows should, when the
son attained twenty-two, be the subject of immediate enjoyment by some other person
than the widow, though the widow might be living and unmarried. I am of opinion,
therefore, that the widow must elect.
[732] ' SHAW V. SIMPSON. July 25, 26, 1842.
The consignee of a West India estate, who had, out of his own monies, made payments
on account of an annuity charged on the estate, was held entitled to be reimbursed
such payments out of compensation money which had been awarded under the Act
for the Abolition of Slavery.
Qucere,,'whether such a consignee has a lien on the corpus of the estate for monies
expended by him in its cultivation ?
By an order made in this cause certain estates in the island of Jamaica called
-Non-such and Unity were directed to be sold for the payment of certain legacies.
These estates were subject to an annuity of £1000, payable to Selina, the wife of
'W. H. Weaver, for her life.
The estates having been sold to a person who afterwards became bankrupt, they
were, by an order of August 1824 made in this cause and also in the bankruptcy,
ordered to be resold ; and it was further ordered that the purchase-monies, after
providing for costs, should be paid to Alexander Grant, as executor of Donaldson,
who was an incumbrancer on the estate to a large amount, subject to Mrs. Weaver's
annuity.
By the order for the resale Grant, who had been previously appointed by the
Court of Chancery consignee of the estates, was reappointed consignee with a direction
to pay and keep down the annuities chargeable on the estates; and it was ordered
that he should pass his accounts annually before the Master, and be allowed therein
all such sums as he should pay in respect of the annuities, and retain the balance from
time to time. in discharge of his incumbrance.
1092
1 Y. & C. C. 0. 7 1.
SHAW V. SIMPSON](ViewImageLocal?handle=hein.slavery/ssactsengr0871&div=1&collection=&method=preview&ext=.png&size=3)