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![handle is hein.slavery/ssactsengr0840 and id is 1 raw text is: STEWART V. GARNETT
shall, by affidavit, declare to have passed between him, the said Defendant, and his
solicitors, Messrs. Parr, merely in the relation of solicitor and client, and to have
* passed in the progress of this cause, or with reference to this cause previously to its
being instituted, such letters and copies of letters, notes and copies of notes to be
particularized in such affidavits; and the Defendant is to be at liberty to seal up any
parts of those letters or copies of letters, notes or copies of notes, which he, on his
oath, shall declare do not relate to the matters in question in this cause, and any
parts of the letters or copies of letters, notes and copies of notes from the said solicitors,
which he, upon his oath, shall declare to contain merely legal advice; and the Plaintiff's
Clerk in Court, or agent, or solicitor are to be at liberty to inspect and peruse the
same, and take copies thereof, or extracts therefrom; but the same is to be at their
own expense.(1)
[398J STEWART V. GARNETT. March 13, 1830.
Will. West India Estate. Construction. Legacy.
A testator, resident in Jamaica, devised the rents, issues and profits of his estate,
called'Islington and Cove's Pen, in that island, to A. B. Held, that the estate and
the slaves, mules, cattle and machinery thereon passed under this devise.
Testator bequeathed to his grandchildren, naming them, the sum of £1000, payable to
each of them on their attaining 21; and, in case of the death of either of them
before that period, the legacy to be divided amongst the survivors. Held, that the
grandchildren were entitled to one sum only of £1000, and not each of them to a
separate legacy to that amount.
Devise of one moiety of the rents, issues and profits of my estate, named I. in the
parish of M., to be divided equally amongst my grandchildren; the other moiety
of the rents, issues and profits of my said estate I give to R. and his heirs. Held
that the grandchildren take the fee as tenants in common, in a moiety of the estate.
The will of the Honourable James Stewart, late of Jamaica, was partly as follows:
- Item, I give and bequeath to Elizabeth Mary, John Stewart, and James Garnett,
my grandchildren, the sum of £1000 sterling, payable to each of them on their
attaining the age of 21 years; and, in case of the death of either of them before that
period, the legacy hereby bequeathed to be divided amongst the survivors. Item, I
give and bequeath unto Thomas, James, Robert, Dora, and Eliza Headlam, the children
of my daughter-in-law, the sum of £500 sterling, to be paid to each of them on their
attaining the age of 21 years; and, in the event of either of them departing this life,
the bequest to him, her, or them, so dying, to go to the survivors or survivor. Item:
I give, devise and bequeath one moiety of the rents, issues and profits of my estate,
named Islington and Cove's Pen, in the parish of St Mary, to be divided equally
amongst all my grandchildren, the offspring of my dear son, James Law Stewart and
Wilhelmina his wife, under the direction of my executors. Item: The other moiety
of the rents, issues and profits of my said estate and pen, [399] I give, devise and
bequeath unto my beloved son, Robert Stewart, to him and his heirs for ever. I do
hereby nominate, constitute and appoint my friends James Simpson, William Lambie,
John Ede, my sons James Law Stewart and Robert Stewart, executors of this my will.
The bill was filed by Robert Stewart, James Simpson and Mary Ann his wife, who
was one of the daughters and next of kin of the testator, to have the trusts of the
will carried into execution; and the usual decree was made. The Master by his
report, made in pursuance of the decree, found that, with respect to the account
decreed to be taken of the testator's real estate, a state of facts and charge had been
laid before him, by or on behalf of the Plaintiff, Robert Stewart and the infant
Defendants, Elmina Stewart, James Stewart, Robert Simpson Stewart, Mary Ann
Stewart and Charles Stewart, the infant children of the Defendant James Law Stewart,
and Wilhelmina his wife, whereby, after stating that the testator was, at the time of
(1) A motion, similar to that reported above, was made before the Vice-Chancellor
in Bolton v. The Corporation of Liverpool, in December 1831 (3 Sim. 467).
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