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![handle is hein.slavery/ssactsengr0873 and id is 1 raw text is: WATERS V. WOOD
executed, which is on the footing of that being an absolute interest. Now, qudcunque
vid, under the deed or will Mrs. Derbishire had a life interest. The interests of her
children and of her husband may be different under the settlements which were
executed from what they were under the will of Sir John Stuart; and all I can do now
is to make the decree that I propose to make at her instance, as tenant for life under
the settlement, expressing it to be without prejudice to the rights of other parties
under the will of Sir John Stuart.
The decree I propose to make, under these circumstances, is this-to dismiss the
bill altogether against the Defendants, Messrs. Hoare, the representatives of Sir
Hildebrand Oakes, and also against Sir Orford Gordon and others, the representatives
of Jabez Mackenzie, and I think it must be dismissed against those parties with costs.
Then, as to so much of the bill as is against the Defendants, Francis Home, Sir William
P. de Bathe, George Batteock and Sir James Drummond, so far as it prays that these
parties or the testator of the last-named Defendant may be declared to be personally
liable to make good to the trust estate the whole of the sum of £4869, Ils. 3d. consols
and the dividends thereof, and the other monies arising from the sale of the slaves, I
think, the Plaintiffs' case failing on that point, so much of the bill must be dismissed,
as against those parties, with costs.
[716] There ought, I think, to be an inquiry what sums were received in respect of the
dividends on that sum of £3500 proved by Francis Home and Sir William P. de Bathe
against the estate of the bankrupts, Marsh, Stracey, Graham and Fauntleroy, and who
received such sums, and when and what has become thereof.
And then an inquiry whether any and what sums of money, part of the trust money
in the pleadings mentioned, have been advanced and paid, and when and to whom
and for the benefit of any, and which, of the children of Mr. and Mrs. Derbishire; it
is alleged that there were advances made under the trusts of the settlement to the
children, or some of them. There must also be an inquiry of what the trust funds
now consist; and an inquiry whether Mr. Derbishire, the husband, and his children,
or any and which of them, have ever assigned or charged their estate and interest to
or for the benefit of any other person or persons, and who is now interested under
those charges; and with liberty to state special circumstances as to any of those
inquiries.
The decree must be without prejudice to the rights and interests of the parties
to the suit under the will of Sir John Stuart, and reserving further directions and costs.
Then, as to the cross-suit of Hoare v. Derbishire, the result of the investigation which
I have given to the case is that Messrs. Hoare have now no title to relief. It appears
that they are representatives of a deceased trustee, who was under no liability in
respect of the funds, and has now no interest whatever in the matter. This bill must,
therefore, necessarily be dismissed as a bill filed by a party having no continuing
interest in the subject-matter. This bill contains, it is true, charges of fraud against
Mrs. Derbishire, which have not been proved; on the other hand, it brings forward
matter which it was absolutely right and necessary should be brought before the Court,
and which it would be the duty of the Court to attend to [717] in case the Court
had taken a different view from what it does of the transaction with Fauntleroy,
and the liability of the Messrs. Hoare; and therefore I think it right, in dismissing
the bill, to dismiss it without costs in respect to Mrs. Derbishire ; but I think the other
parties to this suit who have simply put in answers, and raised no case adverse to that
of the Plaintiffs, must have their costs.(1)
[717] WATERS v. WooD. July 13, 1852.
[S. C. 22 L. J. Ch. 206; 17 Jur. 33.]
A testator gave to his niece £1000 and all the policies of life insurance which I have
effected in the Union and Law Life Insurance Offices, and the monies payable in
respect thereof ; and I direct the same to be paid to her in a specified manner. He
(1) Affirmed by the Lorqs Justices, March 4th, 1853. (See 3 De G. Mac. & G 80.)
V.-C. ix.-42
1313
5 DE G. & SM. 716.](ViewImageLocal?handle=hein.slavery/ssactsengr0873&div=1&collection=&method=preview&ext=.png&size=3)