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their heirs, executors, administrators and assigns, in trust nevertheless, and to, for and upon the several uses, trusts, intents and purposes thereinafter limited, mentioned, expressed and declared, of and concerning the same; that is to say, in trust that they his said trustees, or the survivor of them, or his heirs, executors or administrators, did and should, as soon as possible after his decease, sell and dispose of the same and every part thereof, for the monies that could be had or gotten; and upon such sale to sign, seal and execute good and sufficient deed or deeds of conveyance to the purchaser or purchasers thereof, and the monies arising therefrom to lay out and invest in the purchase of bank or other stock in the Bank of England, or some Government funds, or other good security, in the kingdom of Great Britain, in their names as trustees as aforesaid, to or for the benefit and advantage, of the person who should be entitled thereto, under that his will, in such manner as his said trustees should judge most for their benefit; and in the meantime, and until such sale or sales should take place, to manage, direct, supervise, conduct and improve the said estate, and every part thereof, in such manner, as his said trustees should see most for the benefit and advantage of the person who should be entitled thereto under his will, and from and after his said estate should be so invested as aforesaid: then the said testator thereby gave and bequeathed the same, and every part thereof, unto and amongst his two daughters, Sarah Lewis Palmer and Mary Palmer, born on the body of his first wife, Mary Palmer, formerly Mary Gatfield, his said daughter Sarah Lewis Palmer, born the 11th day of January 1809, and his said daughter Mary Palmer, born the 17th day of

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1836.

DENTON

v.

DAVY.

DENTON

v.

DAVY.

1836. June 1810, and his dear son Henry Palmer, born on the body of his then wife, Ann Palmer, on the 16th day of December 1812; and the child with which his said wife, Ann Palmer, was then enciente, and to the survivors and survivor of them, to be equally divided between them, if more than one, share and share alike, as tenants in common, and not as joint tenants, when and as soon as they should respectively attain their age of 21 years, the males, and age of 21 years, or day of marriage, whichever should first happen, the females; and to their and each of their several and respective heirs and assigns for ever, and to and for no other use, trust, intent or purpose whatsoever.

And moreover, it was his, the said testator's will, and he thereby directed that until his said lawful children should respectively have attained such age, or day of marriage, as aforesaid, that his said trustees, or the survivor of them, should pay and apply so much of the yearly interest or dividends of the said capital stock or funds, as they should deem sufficient and necessary for the liberal education, support and maintenance, and clothing of his said children, or such of them as should not have attained their respective age of 21 years, or day of marriage; and whatever savings might arise from the interest of the said capital stock or funds, after the expense of the maintenance, clothing and education of his said children was paid, previous to their attaining such age or day of marriage as aforesaid, then and in that case it was his, the said testator's will, and he thereby directed, that his said trustees should make the same a principal, and to be subject to the same uses, trusts and limitations as the said residue of his said estate was thereinbefore limited; and the said testator did thereby

direct and empower his said trustees, the said Charles Gatfield the elder, Stephen Denton and James Davy, by will, or in case of the two latter, from absence from that island, by power of attorney to substitute and appoint, some other person in his or their room and stead as trustees for all the purposes aforesaid. And the said testator thereby nominated, constituted and appointed the said Charles Gatfield the elder, Stephen Denton and James Davy, jointly and severally, executors of that his last will and testament, and also guardians of the persons and estates of his said children; and he thereby also nominated and appointed his said wife, Ann Palmer, executrix, and also guardian of her own children, as long as she should remain sole and unmarried, but no longer.

That the testator departed this life shortly after the date and publication of his will, leaving his trustees and executors, and widow and children therein named, him surviving.

That shortly after his death, Ann Palmer and James Davy caused the said will to be duly proved, and qualified themselves as executrix and executor thereunder, and returned an inventory of the testator's personal estate and slaves, into the Secretary's office of Jamaica.

That complainant, Stephen Denton, on the 24th day of September, 1819, qualified himself as executor under the will, and had letters testamentary granted to him.

That upon or shortly after the death of the testator, the complainant, Stephen Denton, and James Davy, the resident trustees in the island, entered into the possession of the testator's real estate and shares and funds, consisting of three coffee plantations, all situate

1836.

DENTON

v.

DAVY.

1836.

DENTON

v.

DAVY.

in the parish of Manchester: but that the complainant, Stephen Denton, permitted James Davy to have the management of the coffee plantations and premises, and to receive and appropriate the annual rents and profits, from the death of the said testator, until they were sold and disposed of as thereinafter stated.

That Ann Palmer quitted the said island in June 1819, and had ever since resided in Great Britain; and that the complainant, Stephen Denton, also left the island in April 1820, and had ever since been resident in Great Britain; and that the complainant, Charles Gatfield, had never been in Jamaica since the death of the testator.

The bill then stated, that in 1821 James Davy, as the only resident trustee, and Stephen Denton and Charles Gatfield, by attorney, agreed with the respondent, John Coley, to sell to him the three coffee plantations for 40,000l., and that the same were duly conveyed by indentures bearing date the 19th and 20th May 1821; but that the respondent, John Coley, being unable to pay down the purchase-money for the said plantation, slaves, stock and premises, it was agreed that the same should be secured in the manner expressed in the following indenture of mortgage and defeazance.

That accordingly, an indenture of mortgage, bearing date the 20th day of May 1821, was made between the respondent, John Coley, of the one part, and the said James Davy, and the said complainants, Stephen Denton and Charles Gatfield, (by their attorney therein named,) of the other part, reciting the indentures of the 19th and 20th day of May 1821, and that the purchase-money of 40,000l. was wholly unpaid, it having been, (inter alia,) agreed upon at the time of

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as

the treaty for the sale and purchase of the said perties, that a sum equal to 67. per cent. on the whole of the purchase-money should be deducted therefrom in consideration that the said John Coley would pay the residue thereof to the said James Davy, Stephen Denton and Charles Gatfield, trustees aforesaid, on the Royal Exchange of the city of London, free from premium on bills of exchange, and all other charges and expenses of remitting such the residue of the said purchase-money to Great Britain, which the said John Coley had consented to do; and that for the purpose of securing the payment of such the residue of the said purchase or consideration-money, (being the sum of 37,6007 current money of Jamaica, the said abatement amounting to 2,4007.,) on the Royal Exchange, the said John Coley should execute to the said James Davy, Stephen Denton and Charles Gatfield his six several bonds, and also reconvey in mortgage to the said James Davy, Stephen Denton and Charles Gatfield, the premises so purchased by him, and convey to them in mortgage a certain other plantation and the slaves thereon, his own property; and further reciting that the said John Coley had that day entered into six bonds for the said purchase-money, payable in successive years, on the Royal Exchange of London, the last to become due on the 1st November 1827, for the principal sum of 4,4767. 13s. 10d. sterling, with interest at six per cent. from the date. It was witnessed that, for the purposes aforesaid, the said John Coley conveyed in mortgage to the said James Davy, Stephen Denton and Charles Gatfield the purchased plantations, and also his own property, called John's Hall.

That by an indenture of defeazance, bearing date

1836.

DENTON

บ.

DAVY.

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