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of the plantation with Coley, but that Davy alone, without the privity of Denton or Gatfield, either personally or by attorney; made such agreement, and that at the time of such sale they were ignorant of the treaty for the same, and were only informed of it by letter from the said James Davy, as appeared by the following answers to that letter.

you

"Beverley, 4th February 1821, to James Davy, Esq. "Dear Sir,-Your esteemed favour of the 12th December reached me duly, wherein informed me of your agreement with Mr. Coley for all the estate of our late friend Mr. Palmer, for the sum of 40,000%., which I think is the full value, and for my own part am perfectly satisfied with Mr. Coley as purchaser; and I will inform Mr. Gatfield by this day's post of the contents of your letter, and that I approve of what have done. I am, &c., Stephen Denton."

you

"London, 6th June 1821, to James Davy, Esq.

"Dear Sir, I wrote you under date the 3d January last, since which I have received yours of the 12th December, informing me of the sale of the property belonging to the late Henry Palmer, and I have communicated with Mr. Denton by letter, he being from London, upon the subject, and he approves of the sale. It is a matter I can have no judgment in myself, but I can rely that you have done the utmost in the disposal for the benefit of the children, and it is certainly very satisfactory to have the property realized and placed here in the Government funds for their support and maintenance. I have been a good deal mortified that the power has not been forwarded sooner; but Mr. Denton being in Yorkshire, and afterwards in

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Cheltenham, has occasioned a good deal of delay, and some expense, which I have very much regretted. Mr. Denton has given me the name of Mr. David Morrice, of St. Elizabeth's, as a proper person to execute the deed for us, and to whom I have by this packet forwarded the power. I am, &c., Charles Gatfield."

And the respondents, by their answer, further alleged that Denton and Gatfield were guilty of unaccountable negligence and delay, in not sending out a power to have such sale confirmed, in consequence of which James Davy concluded the sale on the 19th May 1821, although it was not executed on behalf of the said Stephen Denton and Charles Gatfield until the 27th September following. The answer then stated various circumstances, showing that James Davy had, in point of fact, accounted in his lifetime, and recorded his accounts; and the defendants submitted that Denton was not entitled to a moiety of the commission on the crops, or to any part of the commission upon the purchase-money, the said James Davy having alone effected the sale of the testator's estates.

The respondents then proceeded to answer, and explain various objections taken to the accounts, and submitted that if the appellants, Stephen Denton and Charles Gatfield, were entitled to any commissions, their remedy was by action, and the respondents claimed the benefit of this objection, in the same manner as if it had been made the subject of a demurrer ; and they also objected that the cestuique trusts, under Mr. Palmer's will, were not parties to the record.

The defendant, John Coley, for himself, submitted his interest to the judgment of the Court.

Before any further proceedings were heard in the cause, the suit abated by the death of Charles Gatfield, and the present appellant, Duncan Robertson, having obtained administration of his estate, a bill of revivor was filed, and the suit was duly revived.

The complainants having replied to the above answer, and the defendants rejoined, witnesses were examined on both sides, and various exhibits produced and proved, consisting, for the most part, of letters from James Davy, in Jamaica, to the appellant Stephen Denton, and Charles Gatfield, in England, respecting the sale and disposition of the property in question; and which were relied on as recognizing his, Denton's, character as trustee, and thereby establishing his title to the commissions claimed; the principal of these were the following:

"Dear Sir,

"Wear, 9 March 1820.

"I send herewith an advertisement for the sale of the properties belonging to the estate of the late Henry Palmer; should you not like the way I have expressed it in, be so good as to correct it, and put it in your own way. I have also mentioned the particulars of Wear, but I do not wish it advertised, although I would immediately sell it if I could find an eligible offer.

"I am, dear Sir, yours, very truly,

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"James Davy."

Wear, 21 May 1821.

"I wrote you the 12th December last, saying I had agreed to sell the whole of the late Henry Palmer's properties to Mr. J. Coley, for 40,000l.; the particulars I also mentioned, requesting you to send a power for some person to sign the title for you: by

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the same conveyance I wrote to Mr. S. Denton, who
approves of what I have done, and sent a power by
the last packet for that purpose. I hope you
have
done the same by the packet now expected; if not, it
will be necessary for you, on the receipt of this, to
send a letter to my son, Mr. Coley, or any
Mr. Coley, or any other per-
son you please, signifying your concurrence in the
sale, and a power to any person you please to sign for
you. Mr. Denton promised me to communicate with
you on this subject. Had your sanction been received
by the last packet, I should have sailed for England
the 24th instant.

"Charles Gatfield, Esq."

"Dear Sir,

"James Davy."

"Wear, 12 December 1820. "I wrote you on the 2d of October, respecting sending a power to your attorney, to convey the Bushy Park negroes to the late Henry Palmer's estates, which I hope you have complied with. I have now to acquaint you I have agreed for the sale of all the estates and effects of our late friend, to Mr. John Coley, for 40,000l., payable in six years with interest. He pays down 50 casks of his own coffee, made this crop, and takes possession after the present, so I shall have to ship the whole of Greenland with the 50 above mentioned. He binds himself to ship for the payment of the properties, 200 casks annually, and to pay money in England, for a reduction of six per cent.; he gives a mortgage on John's Hall, for the due performance of his contract; this, I hope, will be satisfactory to you and Mr. Gatfield. I have no doubt but Mr. Coley will use his utmost endeavours to comply with his engagements; and I am certain better cannot be done for the interest of those concerned. I

the

will thank you to communicate your sentiments to
Mr. Gatfield on this subject.

"I am, dear Sir, yours truly,
"James Davy."

"Stephen Denton, Esq."

"P. S.-I suppose it will be necessary for you and Mr. Gatfield to send a power for some person to sign the title to Mr. Coley for you, which I will thank you to have done without delay.-J. D."

"Dear Sir,

"I have sent you this letter that I received from Mr. Davy yesterday respecting the state of our late friend, Mr. Palmer's, estates, for your perusal and consideration. The sum offered is more than I ever expected; and as for Mr. Coley as a purchaser, I highly approve of; if it meets your sanction I have no objections in joining you in a power to confirm the sale. "With much respect, I am, dear Sir,

"Your obedient servant,

very

"Stephen Denton."

"February 4th, 1821, Beverley, Yorkshire."

"Mr. William Morrice, 11, St. Mary Axe,
Agent to Mr. Denton."

On the 26th May 1834 the cause came on to be heard before the Chancellor of Jamaica, when the bill was ordered to be dismissed with costs; from this order the appellants obtained leave to appeal to His Majesty in Council.

Burge, K. C., and Kindersley, K. C., for the
Appellants.

The claim in this case arises under the Jamaica Act, 24 Geo. 2, c. 19, s. 8, and is made in pursuance of a

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v.

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