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![handle is hein.slavery/ssactsengr0897 and id is 1 raw text is: FORBES V. RICHARDSON
Samuel (Cr. & Ph. 161), in which Lord Cottenham explained the cases on equitable
set-off as having been cases in which the equity of the bill impeached the title to
the legal demand (Id. 179), and not cases like that in which the injunction was now
asked for, in which, although it might be said that the subjects of the suit and of the
action at law remotely arose out of the same contract, yet one was for an [354]
account of transactions under the contract, and the other for costs which the Plaintiff
had incurred in an attempt to enforce the contract by proceedings in which he had
miscarried. Costs awarded against a party to a suit were in the nature of damages,
and brought the case within the observation of Lord Cottenham : Is there any equity
in preventing a party, who has recovered damages at law, from receiving them,
because he may be found to be indebted, upon the balance of an unsettled account,
to the party against whom the damages have been recovered 7 (Cr. & Ph. 179.)
It was clear that the Court would not, in such a case, rely on the allegation of the
Plaintiff as to what the result of the account would be.
His Honour refused the application.
[354] FORBES V. RICHARDSON. Feb. 16, March 2, 1853.
Where certain annuities and an annual allowance were directed to be raised out of
the annual rents and profits of an estate, and paid and applied for the uses of the
daughters of the testator, and the surplus of the said rents and profits to be
accumulated for twenty-one years, or until sums of £40,000 and £100,000 should
be raised and invested, when the annuities and allowance should cease: it was
held that the annuities and allowance were not charges on the corpus of the estate;
but that the arrears of such annuities and allowance, which the rents and profits
during the twenty-one years had been insufficient to pay, ought to be raised and
paid out of the rents and profits accruing after the expiration of the twenty-one
years.
The testator, James Wilson, by his will dated in August 1830, devised his manor
of Sneaton, and his mansion-house called Sneaton Castle, and all his real estate in
Yorkshire, together with his sugar estates in the Isle of St. Vincent, and the slaves
and stock thereon, and all the rest of his real estate, to trustees, upon trust, out of
the annual rents, issues and profits, to pay his debts and funeral and testamentary
expenses ; and, subject thereto, out of the same rents, issues and profits, to levy,
raise and pay [355] the several annuities or yearly sums therein mentioned; and,
upon further trust, to permit and suffer his four daughters, or such of them as should
be unmarried, to occupy his said mansion of Sneaton Castle rent free; and, during
such residence, by and out of the rents and profits of his said estates, to levy and
raise the clear annual sum of £1000, and apply the same equally for the maintenance
of his said unmarried daughters residing in his said mansion, or for the expenses of
their establishment; and upon further trust, by and out of the annual rents and
profits of his said estates, to levy and raise for each of his said daughters during her
life, in addition to her share of the said sum of £1000, the clear annual sum of £200
for the absolute use of his said daughters if unmarried, and if married, then to their
separate use respectively. The testator then directed his said trustees to accumulate
the surplus annual rents, issues and profits of the said estates until the same, with
the accumulations of the personal estate, should amount to £40,000, or until the
expiration of twenty-one years from his death, when he directed that the interest of
the sum so accumulated should be paid to his daughters in lieu of their several
annuities of £200, which were then to cease. And the testator further directed his
said trustees to continue to accumulate the surplus rents, issues and profits of the
said estates until they should amount to the further sum of £100,000, or until the
expiration of twenty-one years from his death, when he directed that the provisions
thereinbefore contained as to the residence of his said daughters in Sneaton Castle,
and as to the said castle allowance, should cease and determine. And the testator
devised his said real estates, subject to the said trusts, to his said daughters, to the
uses therein mentioned ; and he directed that the said sum of £100,000 should be
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11 RARE, 354.](ViewImageLocal?handle=hein.slavery/ssactsengr0897&div=1&collection=&method=preview&ext=.png&size=3)