the Master to

will be for the benefit of the said testator's estate that the said allowance to be Faithful Croft should be continued a trustee, then the said Master made to him, and is to settle a reasonable allowance to be made to the said Faithful make a separate Croft therein, and the said Master is to be at liberty to make a report. separate report &c.; And it is ordered that the said Master do The costs of all parties to be tax all parties their costs &c.; And it is ordered that the same when taxed be paid to them by the said plaintiffs as executors out of the personal estate and effects of the said testator &c. Reg. Lib. B. 1819, fol. 777, 780.

taxed and paid

out of the personal estate.

XXXVIII. Decree establishing a will of real estate, and directing an account to be taken of the testator's debts, funeral expenses, and legacies, with directions in case the personal estate should be deficient, for raising the deficiency by mortgage or sale of the real estate.

Declare that the will of the said testator being admitted by the said defendant P. H. his heir at law, ought to be established and the trusts thereof performed, and doth order and decree the same accordingly; And that it be referred to Mr.

one &c. to take

The will being admitted, detablished and

creed to be es

the trusts thereof to be performed; An account to testator's debts and legacies; the

be taken of the

Master to com

pute interest on

interest;

for the creditors

the Master;

an account of the said testator's debts funeral expenses and pecuniary legacies, and to compute interest on such of his debts as carry interest, as also to compute interest on his said legacies at the rate of £4 per cent. per annum from the time the same ought to have been paid according to the said testator's will; And the such as carried said Master is to cause an advertisement to be published in the Advertisements London Gazette for the testator's creditors and pecuniary legatees to be published to come in before him and prove their respective debts and claim and legatees to their respective legacies within a time to be therein limited, or in come in before default thereof they will be excluded the benefit of this decree; And the said Master is also to take an account of the personal An account to be estate of the said testator not specifically bequeathed come to the taken of the perhands of the said defendant J. H. his surviving executor and the specifically dedefendant P. H. or either of them, or any other person or persons sessed by the queathed, posfor their or either of their use or by their or either of their order; defendants, the same to be apAnd the said personal estate of testator is to be applied in payment plied in a due of his debts funeral expenses and legacies in a due course of ad- course of administration, ministration; And if there shall be any surplus of testator's per

sonal estate not

And the surplus according to the testator's will;

to be divided

In case the personal estate should be in

sufficient to pay

the debts &c. the

rents of the real estate to be applied in keeping

of the debts and

legacies, and the deficiency of the

personal estate to be raised by

mortgage or sale

of the real estate;

sonal estate remaining after payment of said testator's debts funeral expenses and pecuniary legacies, it is ordered and decreed that the same be equally divided between and paid or retained by the said defendant P. H. and the defendants Lord Viscount W. and S. his wife in right of the said S., and the defendant A. H. according to the said testator's will; But in case the said testator's personal estate shall not be sufficient to pay the said testator's debts and funeral expenses and pecuniary legacies, then it is ordered and decreed that the said defendant P. H. do out of the rents and profits of the said testator's real estates which have accrued since down the interest his death and been received and taken by him, keep down the interest of such of the said testator's debts and legacies as carry interest; And that so much of the principal of the said testator's debts and pecuniary legacies as his personal estate shall be de ficient to pay and satisfy, be raised by mortgage or sale of a sufficient part of the said testator's real estate as the said Master shall direct, and that a sufficient part thereof be for that purpose mortgaged or sold with the approbation of the said Master, wherein all proper parties are to join, and all deeds and writings relating thereto in the custody or power of any of the parties are to be by them produced upon oath before the said Master as the said Master shall direct; And the money arising by such mortgage or sale is to be applied in the first place in payment and satisfaction of so much of the principal of the said debts as the said testator's personal estate shall fall short to satisfy, and then in payment of so much of the principal of the said pecuniary legacies as the the interest of any said personal estate shall fall short to satisfy, and if the same kept down by the shall be raised by mortgage of the said estate, then the said dedevisee during fendant P. H. is to keep down the interest thereof during his life; his life; And it is further ordered that all the parties have their costs of parties to be paid this suit out of the said testator's estate to be taxed by the said

the costs of all

out of the tes

tator's estate.

Master.

3

XXXIX. Decree for an account of a testator's personal estate, bing on and directing the appointment of a receiver.

tator's leasehold

rents thereof re

cutors;

cifically bequeathed possessed by the

Decree that it be referred to Mr. one &c. to take an account An account to be of what leasehold estates the testator was entitled to at the time taken of the tesof his death, and of the annual value thereof, and also an account estates and the of the rents and profits thereof accrued since the testator's death ceived by the dereceived by the defendants his executors or either of them or by fendants his exeany person or persons by their or either of their order or for their or either of their use; And it is ordered that the said Master do Also an account of the personal also take an account of the personal estate of the said testator not estate not spespecifically bequeathed possessed or received by the defendants his executors or either of them, or by any person or persons by their or either of their order or for their or either of their use; And it defendants; is ordered that the Master do also inquire and state to the court The Master to what is the value of the leasehold house at &c. lately belonging to ascertain the vathe testator and taken by the defendant; And it is ordered that taken by a dethe said Master do also inquire and state to the court whether the fendant; An inquiry didefendants have possessed any and what specific articles bequeathed rected as to what by the testator other than and except those which they have de- specific articles livered to the specific legatees thereof; And for the better taking have possessed the said accounts and discovery of the matters aforesaid the parties livered over; are to be examined upon interrogatories and to produce all deeds &c.; the Master to make just allowances &c.

lue of a house

the defendants

besides those de

The Master to appoint a receiver at a salary;

1

And it is ordered that the Master do appoint a proper person to be receiver of the rents and profits of the leasehold estates in question in this cause, and allow him a reasonable salary for his care and pains therein; such person so to be appointed receiver first giving security to be allowed of by the said Master, and taken before a Master Extraordinary in the country if there shall be occasion, duly and annually to account for what he shall receive of such rents and profits as the court shall direct; and the tenants of the said estates are to attorn and pay their rents in arrear and growing rents to such receiver, who is to be at liberty to let and The receiver to set the said estates from time to time with the approbation of the be at liberty to said Master as there shall be occasion; And it is ordered that the with the approperson so to be appointed receiver do from time to time pass his Master, and to accounts before the Master and pay the balances that shall be re- pay all balances ported to be in his hands into the bank to be there placed to the ject to further credit of this cause, subject to the further order of this court; order. And reserve further consideration &c.

let the estates

bation of the

into the bank sub

The Master to compute subsequent interest

on such debts as carried interest,

XL. Decree on further directions, directing the Master to compute subsequent interest on such debts as carried interest, and to take an account of any other debts remaining unpaid, also directing the sale of a sum of stock and payment thereout and out of other monies of the debts to be reported due to the creditors, except the plaintiff, he consenting to waive his right; the executor directed to pay the balance in his hands into court, and directions given as to applying the proceeds in the hands of a consignee of a West India

estate.

His Honor did order that it should be referred back to the said Master to compute subsequent interest on such of the debts of the testator W. M. B. mentioned in the first schedule to his general and to take an report dated whereon interest is thereby computed, and also account of any to take an account of any other debts due from the said testator at maining unpaid; his death remaining unpaid and not mentioned in the said first schedule to the said report; And it was further ordered that the sum of £ bank 3 per cent. annuities standing in the name of the said Accountant-General in trust in the said cause, "The ac

other debts re

A sum of stock to be sold and

thereout and out of certain sums of cash the cre

ditors to be paid count of the said testator's real estate," should be sold with the the sums reported due to them ex- privity of the said Accountant-General, and the money arising by cepting the plain- such sale paid into the bank with the privity of the said Accountanttiff W. H.; General to be there placed to the credit of the said cause, the like account; and that out of such money and out of the interest of the said bank annuities until such sale, and also out of the sum of £ cash in the bank on the credit of the said cause, **** The testator's real estate," and likewise out of the sum of £-cash in the bank on the credit of the said cause, "The testator's personal estate," the several creditors of the said testator or their legal personal representatives should be paid what should be reported due to them except the said complainant W.H., he by his counsel consenting to waive his right or claim to receive any part of his debt out of the said bank annuities and cash; And it was further ordered rected to pay into the bank a sum that the said J. F. B. should pay into the bank the sum of £— reported due from reported due from him by the said Master's general report dated &c. on account of the personal estate of the said testator with the privity of the said Accountant-General to be there placed to the credit of the said cause, "The account of the testator's personal estate ;" The consignee of And it was further ordered that C. S. the consignee of the rents tate to be con- profits and produce of the testator's estate in the said island of St. C. tinued, and out should be continued and pass his accounts before the said Master; of the produce in his hands to pay and that the said C. S. should out of the profits and produce of the

The executor di

him;

a West India es

rest of the debt

and of the le

gacies, and also the arrears and growing payments of the annuities, and be paid into the bank;

the residue to

Directions given as to taxing costs and out of what funds to be paid;

said testator's estate which might come to his hands pay the arrears the arrears and and growing interest of the debt reported due to the said W. H. growing inteand of the legacies given by the said testator's will and codicil, and due to W. H., also the arrears and growing payments of the annuities thereby given, and that he should pay the residue of such rents profits and produce into the bank with the privity of the said Accountant-General to be there placed to the credit of the said cause, subject to the further order of the court; And it was further ordered that the said Master should tax all parties their costs of this suit other than the mortgagees who had been paid their costs, and that such costs when taxed should be paid to the solicitors for the said several parties out of the residue of the money to arise by sale of the said bank annuities before directed to be sold, and of the dividends that should accrue thereon until the sale thereof, and of the said sums of £ and £ cash in the bank in the said cause, the aforesaid accounts, (after payment of the said several creditors) and also out of the said sum of £- before directed to be paid into the bank on the account of the personal estate, as far as the same would extend, and that the residue of such costs should be paid by the said C. S. out of the rents profits and produce of the said testator's estate in the said island of St. C. [and the usual directions were thereby given for the said Accountant-General to draw on the bank for the purposes aforesaid;] And his Honor did continue the reser- Further direcvation of any directions as to the question whether there were any to the questions in and what circumstances affecting the said testator's estate to make what proportion it proper any ways and how far to lessen the two legacies of £each given by the said testator's will to his two E. B. and L. B., and also the annuities of £ the said will to the said D. M. G., £ St. C.'s currency thereby given to the said L. F., and also the two annuities of £ given by the first codicil to the testator's will to the said E. B. and L. B.; And his Honor did reserve the consideration of any question the question rethat might arise between the creditors of the said testator respecting dow's parapher specting the withe jewels and ornaments of the person of the said testator's wife nalia reserved, which she usually wore, and of all further directions; and any of directions. the parties were to be at liberty to apply to the court as there should be occasion.

tions reserved as

certain legacies and annuities

daughters the said should abate, sterling given by

each

and all further