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rett then devised the residue of his estates, real and personal, to his two grandsons, Edward Moulton Barrett and Samuel Moulton Barrett, and their issues.

Under these circumstances two main questions seem to have arisen between the parties: 1st. As to the right of Edward Barrett's representatives to retain the slaves as purchased under the covenant in the lease of 1789, upon any, and if any, upon what terms; and 2dly, as to the option given by Edward Barrett's Will to George Goodin Barrett's heirs of the Spring estate, to accept the release of the debt due from George Goodin Barrett's estate to the estate of Edward Barrett, as the consideration for the estates mentioned in Edward Barrett's Will. The representatives of Edward Barrett insisted that, by the valuation of the slaves by Edward Barrett, after the expiration of the term, he had declared his purpose to avail himself of the covenants in the lease, and had partially carried the purchase into effect, and was entitled to a conveyance of the slaves at the price fixed by the appraisement; and that as the estate of George Goodin Barrett, was indebted to Edward Barrett's estate in a larger sum than the amount of the valuation, the representatives of George Goodin Barrett, had the option of accepting the release of the balance, as the price of the property of George Goodin Barrett mentioned in Edward Barrett's Will, or of putting the representatives of Edward Barrett to their election, of taking that property upon the terms proposed by the Will of George Goodin Barrett.

The representatives of George Goodin Barrett, on the other hand, insisted that Edward Barrett had not purchased the slaves in question, and that the position in which he had placed himself as represen

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tative of his son, had rendered the completion of the contract contained in the lease impracticable, that the valuation made by the appraisers named by himself was altogether nugatory, and that the representatives of George Gooilin Barrett were entitled not only to the survivors of the original slaves, and of the increase of the females, but also to all the profits received from the employments of the slaves in existence at the expiration of the lease; and they further claimed the right of electing, whether they would accept the release of the whole amount of debts due from George Goodin Barrett to Edward Barrett at the time of his death, as the price of the lands of George Goodin Barrett mentioned in the Will of Edward Barrett, or require payment according to the terms of George Goodin Barrett's Will.

On the 2d of July 1801 a bill of complaint was exhibited and filed in the Court of Chancery in Jamaica in the names and on the behalf of the residuary devisees beneficially interested under the codicil to the Will of George Goodin Barrett, being all then infants, by their prochein ami, against the executrix and executors of the Will of Edward Barrett, stating amongst other things the valuation and removal by Edward Barrett of the ninety-two slaves as already mentioned, and praying against the executrix and executors an account of all the actions and transactions of the said Edward Barrett respecting the estate and concerns of the said George Goodin Barrett, deceased, during the time he was in possession as executor, and particularly as to the valuation of the ninety-two slaves before mentioned, and the removal of the same; and as to the removal of fifty steers, also charged to have been removed by Edward

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Barrett from the penn of his testator, George Goodin Barrett, to the penn of Edward Barrett, and also for an account by three of the executors respecting the personal estate of George Goodin Barrett.

The Defendants by their answer denied the removal of the ninety-two slaves by Edward Barrett, but claimed to have a conveyance of the ninety-two slaves, either at the valuation already made, or at a valuation to be made by the Master, and to be allowed the amount of such valuation in the account; and submitted, that in case any balance should be found due from the estate of George Goodin Barrett to the estate of Edward Barrett, that the same should be decreed a reimbursement for the monies laid out by George Goodin Barrett for improvements in Lancaster penn, and that the said balance should be taken as the

purchase-money of the parcels of land in the parish of Trelawny, stated in the Will of George Goodin Barrett to have been purchased by him; and they prayed an account of the monies laid out by George Goodin Barrett in the improvement of Lancaster penn, and of the value of the parcels of lands so purchased by George Goodin Barrett, and appropriated for the pasture lands for the use of the Oxford estate; and they prayed that, in case the amount reported on that account should fall short of the balance due from George Goodin Barrett's estate to the estate of Edlward Barrett, or otherwise, if the same should exceed such balance, then, upon payment of the excess, the surviving trustees under George Goodin Barrett's Will might execute to them a conveyance of the said parcels of land upon the trusts of Edward Barrett's Will.

On the 21st of May 1808 the cause came on to be

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heard, when it was among other things decreed, that the said Defendants, as executrix and executors of Edwarıl Barrett, deceased, should come to an account before the Master for the actions and transactions of the said Edward Barrett, deceased, respecting the real and personal estates and concerns of the said George Goodlin Barrett, deceased, during the time he was in possession thereof; and that the Defendants, Henry Waite Plummer and Thomas Bourke, should account for their transactions concerning the personal estate of the said testator, Edward George Goodin Barrett, deceased, since the death of the said Edward Barrett, deceased; and that the Defendant, Leonard Parkinson, should account for his actions, transactions, receipts, payments, and disbursements concerning the real estate of the said George Goodin Barrett, deceased, during the time he had been in possession of the same, and in the receipts of the rents, issues, and profits thereof; and that an account should also be taken of what was due to the estate of the said George Goodin Barrett, deceased, of the estate of the said Edward Barrett, upon the basis of the valuation made on the 8th February 1798, by the said Robert Bell and Thomas Reid, of the ninety-two slaves belonging to the said estate of the said George Goodlin Barrett, deceased, taken and removed by the said Edward Barrett, during the time he had the sole possession and management of the said estate, from the said estate to a certain property of him, the said Edward Barrett; allowing interest upon such valuation from the period from which the same was so made.

Shortly after the making of the said decree, Samuel Burrett, one of the infant devisees, and Plaintiff, having attained the age of twenty-one, by indentures

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of conveyance and re-conveyance barred all the estates in remainder created by the Will of George Goodin Barrett, in the real estate and slaves devised to him, including the slaves appraised and valued by Edward Barrett as before mentioned; and afterwards the plantation called the Spring, the penn called Hatchfield, and all the slaves and all the real estates late of the said Samuel Barrett were conveyed to the Appellants, Martin Williams, John Graham Clarke, and Nicholas Palmer, upon the trusts therein mentioned.

The trustees and Samuel Barrett being dissatisfied with the proceedings already instituted, as before mentioned, on the 5th November 1816 exhibited their supplemental bill, in the nature of an original bill, against the trustees and cestui que trusts under Edward Barrett's Will, including the Respondents in this Appeal, stating, amongst other things, the purchase by the said George Goodin Barrett of the ninety-two slaves already mentioned, and the valuation and appraisement thereof made by the direction of Edward Barrett, and objecting that such valuation was not made in conformity with the covenant in the lease, and also stating the purchase by George Goodin Barrett of the forty slaves placed on the Cambridge estate, and the possession of them by Edward Barrett in his lifetime, and after his death, by the Defendants. The supplemental bill prayed, amongst other things, that the said Respondents might discover what estate, right, title, or interest (if any) they did severally set up and claim in and to the said two sets of ninety-two and forty slaves, and their increase, and how the same had arisen, and that it might be declared that the valuation and appraisement of the said ninety-two slaves,

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