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1837.

PALMER

v. BARRETT.

so made by the said Edward Barrett as aforesaid, was not such an act as could be held to be the completion of the sale of the said slaves at the time of making thereof, or at any time since, and that no interest whatever in the said slaves at any time vested in the said Edward Barrett, beyond such interest as he had under the said Will and codicil of the said George Gooilin Barrett, deceased, as one of the trustees therein named for the benefit of the Plaintiff, Samuel Barrett; and that it might be declared that the Plaintiff, Samuel Barrett, and the Appellants Martin Williams and John George Clarke, and the Appellant Charles Nicholas Palmer, were well entitled to the immediate possession, as well as of the said ninety-two slaves and their increase, or such of them as were then living, and of the said several slaves so purchased by the said George Goodin Barrett, and put and placed upon the Cambridge estate as aforesaid, and of the several other slaves purchased by the said George Goodin Barrett during the existence of the said lease, and put and placed upon the said Oxford estate (if any), and issue and increase of all the said last-mentioned slaves, or such of them as were then living; that the Defendants Philip Anglin Scarlett, Henry Waite Plummer, James Scarlett, and Edward Barrett Moulton Barrett, might be decreed forthwith to deliver over the said slaves, and each and every of them, to the said Plaintiffs accordingly; and that it might be declared that the Plaintiff, Samuel Barrett, was entitled to make his election, whether he would accept the condition offered by the Will of the said Edward Barrett, as the consideration for a release to the estate of the said George Goodin Barrett, when the accounts between the estate of the said

1837.

PALMER

V. BARRETT.

Edward Barrett and George Goodin Barrett should have been taken, and that he was not obliged to make the same before, and that in case the Plaintiff, Samuel Barrett, should, upon the coming in of the said Master's reports, choose to make and execute a good and valid conveyance to the said surviving trustees of the said Edward Barrett, deceased, and of the said Lancaster

penn,

and other the lands in the said Will of the said Ellward Barrett in this respect mentioned, upon the trusts of his said Will, that it might be decreed that the estate and representatives, real and personal, of the said George Goodin Barrett might be and stand released and discharged, of and from all sum and sums of money, claim, and demand whatsoever, which should by the said report be found due and owing from the said estate of the said George Goodin Barrett, deceased, to the said estate of the said Edward Barrett, deceased, on any account whatsoever, agreeable to the terms of the said Will of the said Edward Barrett, deceased, in that respect mentioned ; and that the said Philip Anglin Scarlett, Henry Waite Plummer, James Scarlett, and the Respondents, Edward Barrett Moulton Barrett, might, from and out of the assets of the said estate of the said Edward Barrett, deceased, pay unto the Plaintiff, Samuel Barrett, or unto the said other Plaintiff, all money which might be found to be due and owing from the said estate of the said Edward Barrett, deceased, for the rents and profits of the said slaves, upon the accounts in that respect thereby prayed to be taken, and with interest from the date of the Master's reports.

The Defendants put in their answer, and, under a commission for the examination of witnesses, proved

1837.

PALMER

BARRETT.

the valuation of the thirty-nine slaves purchased by George Goodin Barrett, and placed by him on the Cambridge estate. The cause afterwards, on the 2d February, came on to be heard before the Chancellor of the island, when it was decreed that the valuation and appraisement by the said Edward Barrett of the said ninety-two slaves, was not such an act as could be held to be the completion of the sale of the said slaves, at the time of the making thereof, or at any time since; and that no interest whatever in the said slaves became at any time vested in the said Edward Barrett, beyond such interest as the said Edward Barrett had under the said Will and codicil of the said George Goodin Barrett. It was further declared that the said penn, called Lancaster penn, and the other pieces or parcels of land in the pleadings mentioned, and used by Oxford estate as pasture-grass land, and the said ninety-two slaves, and the other slaves in the pleadings mentioned, and claimed as being part of the real estate of the said George Goodin Barrett, deceased, passed under the deeds executed by the said Plaintiff, Samuel Barrett, for barring the estates tail and remainders therein, and also under the indenture or deed of trust of the 30th of December 1810, and were then vested in the Appellants, Martin Williams and Charles Nicholas Palmer, and the said John Graham Clarke, under the trusts of the said lastmentioned indenture; and it was further decreed that the last-named Appellants were entitled to the immediate possession, as well of the ninety-two slaves so caused by the said Edward Barrett to be valued, and their increase, or such of them as were then living, as of the said several slaves so purchased by the said George Goodlin Barrett, and placed upon the Cam

1837.

PALMER

bridge estate as therein mentioned, and of the several

other slaves purchased by the said George Goodin BARRETT. Barrett, during the existence of the said lease, and

placed upon the Oxford estate, if any, and the issue and increase of all the said last-mentioned slaves, or such of them as were then living; and the Defendants, Phillip Anglin Scarlett, Henry Waite Plummer, James Scarlett, Edward Barrett Moulton Barrett, and Edward Barrett, the infants, were thereby decreed to deliver over the said slaves to the Plaintiffs ; and, after directing certain inquiries, the decree proceeded to declare that the Plaintiff, Samuel Barrett was entitled to make his election whether he would accept the condition offered by the Will of the said Edward Barrett, as a consideration for a release to the estate of the said George Goodin Barrett, when accounts between the estates of the said Edward Barrett and George Goodin Barrett should have been taken, and that he was not obliged to make the same before. This decree was afterwards affirmed on appeal, by an order of his late Majesty King George the Fourth in Council, bearing date the 23d of June 1824. In June 1824, Samuel Barrett died, having, by his Will, appointed the Appellants and others his executors and devisees in trust of all his property, real and personal. In April 1825, the Appellants filed a bill of revivor and supplement against the Respondent and others, praying the benefit of the decrees of 21st of May 1808 and the 2d of February 1820, and of the Order of His Majesty in Council, and that the same might be carried into execution, and the several accounts and inquiries taken; and also for the appointment of a Receiver of the survivors and increase of the ninety-two slaves on the Oxford estate, and

1837.

PALMER

BARRETT.

slaves on Cambridge estate, or of a person to receive their rent and hire. And, together with their supplemental bill, the Appellants filed their petition for a receiver. On the 6th of June 1825 the petition came on to be heard, when the Chancellor appointed the Appellant, Richard Barrett, Receiver of the slaves, according to the prayer, making further provisions for the hire and employment of the slaves by the Respondent, upon the annual payment of a sum of money, to be settled by the Master, authorizing the Receiver, in default of payment, to take possession of the slaves, to be worked and employed by him for the benefit of the Appellants. Under this order the slaves were formally delivered to Richard Barrett, the Receiver, by the agents of the Respondents, and afterwards hired by them at an annual rent, which was duly paid to the Receiver. It was under these circumstances that the Appellants presented their petition, which was dismissed by the first order now appealed from,—for I pass over the intermediate supplemental bill, filed by the Appellants on the 28th June 1826, and the decree thereon in 1829, as also the bill filed by the Respondents in 1827, and the decree pronounced thereon in 1830, which was afterwards reversed on appeal by an order of the King in Council, as not materially altering the position of the parties. By this petition the Appellants prayed, that the Receivership of all and singular the survivors and increase of the said ninety-two slaves, and other slaves of the said George Goodin Barrett, the elder, deceased, upon the Oxford estate, and the said slaves upon Cambridge estate, thereinbefore particularly mentioned, might be discharged, and that the Appellant, Richard Barrett, might be quieted in the

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