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![handle is hein.slavery/ssactsengr0696 and id is 1 raw text is: WALKER V. WATTS
WALKER V. WATTS. May 30th, 1796.
Testator diretted, that his wife should have liberty to occupy his house for a year,
provided she continues so long in L. Then by a distinct clause lie directed his
executors to pay her a guinea a week during her stay at L. Her residence there
beyond the year does not entitle her to a continuation of the weekly payment.
George Walker of Liverpool by his will gave to his wife a small estate in the island of
Antigua, with the negroes upon it ; also £100 to be paid to her by his executors imme-
diately after his. decease: he also directed, that she should have liberty to occupy,
hold and enjoy, the dwelling-house, he then lived in, for one twelve month, provided
she continues so long in Liverpool : Item, I order and direct my executors to
pay and allow unto my wife one guinea weekly and every week during her stay in
Liverpool for and towards household expences.
The testator died in 1766. The wife received a guinea a week for a year after his
death. She still continued to reside [133] in Liverpool ; and filed the bill upon the
ground, that she should be entitled to a guinea a week as long as she should reside there.
Lord Chancellor [Loughborough]. It would be giving a vast effect to the words to
suppose he meant her to have a guinea a week during her life. He supposes her to
live a year in Liverpool ; and gives her a guinea a week towards the household expences.
Dismiss the bill.
PARKER v. HUTCIIINSON. Rolls. May 14th, 31st, 1796.
[See Webster v. British Empire Mutual Life Assurance Coy., 1880, 15 Ch. D. 178.]
Interest allowed upon a written agreement to pay by instalments.
In consequence of an advertisement publishing proposals by Joseph Butler, as
agent for the sale of timber belonging to Sir Robert Butler, John Hutchinson agreed
to purchase ; and the following agreement was signed by him and Joseph Butler at the
foot of the said proposals.
Agreeable to the above proposals Mr. John Hutchinson of Gainsborough in the
county of Lincoln, timber merchant, doth agree to become the purchaser of the said
timber (except as before excepted) at and for the price or sum of £4200, and to pay
the same to Sir Robert Butler or his agents by four payments, viz. £1100 upon the
1stdayof June 1778; S1OO upon the Ist of June 1779; £1000 upon 5th April 1780;
and the remaining £1000 upon the 29th day of September 1780. In consideration
of which sum of £4200 to be paid by the said John Hutchinson, his heirs, executors
or administrators, in manner herein before mentioned, Joseph Butler of the city of
York, agent to the said Sir Robert Butler, agrees to sell the said timber to the said
John Hutchinson : as witness the hands of the parties this 10th day of May 1777.
[134] After this agreement part of the timber to the value of £200 was sold to
another person with the consent of Hutchinson ; who by his will, dated the 16th of
June 1777, after directing, that all his just debts and funeral expences should in the
first place be fully paid and satisfied, devised part of his real estates to be sold ; and
directed, that the money arising from the sale should be paid and applied in discharge
of his debts due and owing at the time of his decease ; and after some specific disposi-
tions he gave all the rest, residue and remainder, of his estate and effects as well real as
personal, except household goods, plate, and certain other articles, upon trust to sell
and pay his debts, and then upon other trusts.
The timber was felled and carried away: part in the life of the purchaser; the rest
by his executor. The instalments were not paid according to the agreement: but
several sums were paid on account. The bill was filed by Sir Robert Butler, and after
his death revived by his executor, against the executors and devisees in trust of
Hutchinson for an account and payment of what should remain due on the timber
account.
It appeared by the Master's report, that the only debt remaining due from the
testator's estate was the balance due to the Plaintiff on account of the timber, amounting
to £1301, 3s. lid. The Master refusing to calculate interest on that debt, the Plaintiff
excepted.
3 VES. JUN. 133.
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