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![handle is hein.slavery/ssactsengr0877 and id is 1 raw text is: MORRISON V. MORRISON
During the argument I expressed my sense of the enormous length and wanton
repetition in the pleadings of charges of fraud which it has been impossible to support
on any reasonable or probable ground. The Plaintiff's case is not improved by the
parents appearing by counsel to support the case of undue influence exercised by
them. The only part of the case which remains is as to the right of the Plaintiff to
open the settled account on the transaction of 1850 ; but there was a complete
failure of the evidence to shew any fact which could authorise the Court to disturb
the accounts.
The Plaintiff's case fails as to every part of it, and the bill must be dismissed with
costs.
[564] MORRISON V. MORRISON. Dee. 4, 5, 6, 7, 1854; Feb. 24, 1855.
A consignee of West India estates appointed by the Court, discharged at his own
request, there being a large balance due to him : Held, entitled to be indemnified
out of the slaves compensation money (which had been paid into Court and
accumulated), for his expenditure and costs, in priority to a mortgagee whose
security was prior to the suit, but who was not made a party till after the discharge
of such consignee.
A consignee appointed by the Court, and expending his money under its sanction,
may reasonably look for reimbursement out of every fund arising from the estate
under its control.
A consignee of the same West India estates appointed after the mortgagee had
become a party to the suit, and the compensation money for the slaves had been
paid into Court ; a large balance being found due to him: Held, that while con-
signee, he could not be repaid out of the fund in Court, but, on his amended
petition, to be discharged, and to have the corpus paid to him, the order was made.
This cause, which related to the management of estates in the West Indies, came
on to be heard, on exceptions to the Master's report, made in May 1854, and upon
further directions.
Three petitions presented in the cause came on to be heard at the same time.
These petitions raised questions of priority of title to a fund in Court, being the
amount of the compensation money awarded in respect of the slaves on the estates of
the testator in the cause, in the Island of Tobago, in the West Indies, between two
consignees (who had successively been appointed, and had acted under the orders of
the Court), and the mortgagee and other persons claiming the fund in Court.
This was a suit originally instituted for the administration of the real and
personal estate of George Morrison, the testator in the cause, who died in 1814.
The testator's property consisted of estates in the Island of Tobago, called
Greenhill and Friendship estates, Les Coteaux estates and the Golden Lane and
Mount Pleasant estates, and of the slaves and buildings on these estates.
In pursuance of a decree made on the hearing of the cause in 1817 Mr. Edward
Ellice, one of the Petitioners, was, in the year 1819, appointed consignee of the rents,
profits and produce of the testator's estates.
By an order made in 1830 Mr. Edward Ellice was dis-[565]-charged from being
such consignee ; and it was ordered that he should pass his final account before the
Master, with liberty to apply respecting any balance which might be found due to
him on passing his accounts.
Under an order of the 10th of March 1837, certain sums, being the amount of
compensation money awarded in respect of the slaves on the estates, were transferred
into the name of the Accountant-General in trust in these causes, to accounts severally
intitled The Account of the Compensation Money in Respect of the Slaves on the
Several Estates above mentioned; and it was ordered that the same should be
without prejudice, and that the interest and accumulations should be invested in
trust to the credit of the like accounts respectively.
The sums thus transferred into Court consisted of the following amounts
£4224, 3s. lid. £3 per cent. consols, the produce of the sum awarded for the slaves
2 SM. & GIPP. 564.](ViewImageLocal?handle=hein.slavery/ssactsengr0877&div=1&collection=&method=preview&ext=.png&size=3)