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the name of the Accountant-General in trust in the cause 1846. the said several sums of 18007., £3 per Cent. Consolidated EDWARDS v. Bank Annuities, and 1370l. £3 per Cent. Reduced Annui- ABREY. ties, and might also be at liberty under the like order to pay into the bank in the name of the said AccountantGeneral in trust in this cause the sum of cash in the said bill mentioned, and thereupon that the plaintiff might be released and discharged under the indemnity of the order of the Court in respect of the said trust moneys and premises respectively. And that so much of the said trust moneys as should be necessary, might be applied in the payment to the plaintiff of his costs of the suit.

The answer of the defendants Daniel Abrey and his wife, she answering by him as her guardian, stated amongst other things that they intermarried in 1824, and that about the month of June, 1838, she was afflicted with severe illness, and became of unsound mind and unable to manage herself or her affairs.

By the decree and an order made at the same time in the cause upon the petition of the defendant Daniel Abrey, 13 Dec. 1845, it was decreed that the plaintiff should on or before the 31st day of January, 1846, transfer and pay into the name and with the privity of the Accountant-General of this court in trust in and to be placed to the credit of the cause, subject to the further order of the Court, the said 18007. Bank £3 per Cent. Annuities, and 13701. Reduced Annuities, and the cash therein mentioned, and any dividends which might accrue due on the said Bank Annuities respectively until such transfer and payment, the same to be received by the said plaintiff and the amount to be verified by affidavit, and the said Accountant-General was to declare the trusts of the said Bank Annuities accordingly subject to the further order of the Court; and it was ordered that the costs of all parties should be taxed and paid out of the cash aforesaid [arising from dividends], and out of any future dividends; and if the same were not sufficient for that purpose, by sale of a part of the £1370 Reduced Bank

1846.

EDWARDS v.
ABREY.

Annuities and it was ordered [upon the petition of the
defendant Daniel Abrey] that it should be referred to the
Master to inquire and state how and under what circum-
stances and at whose expense the defendant Maria Abrey,
the wife of the petitioner, had been maintained and provided
for in and since the month of June, 1838, and what had been
the amount of such expenditure, and whether the petitioner
was of ability to maintain her, regard being had to her fortune
and her situation, and comfort, and to the number of the
children of the petitioner and his said wife, and the provision
necessary to be made by the petitioner for them, and what
would be fit and proper to be allowed for such past main-
tenance and provision of or for the petitioner's said wife, and
whether out of any and what fund to be administered in this
suit (a), and to whom the same ought to be paid, and what

(a) The bill charged that the sums of stock and cash, mentioned in the bill as the share of the defendant Maria Abrey of the residuary personal estate of the testator, was the full and true amount to which she was entitled, and that if necessary, or it should be required by the defendant Maria Abrey, or her committee or guardian duly appointed, an account ought to be taken of the personal estate of the testator come to the hands of the plaintiff, and of the application thereof. The answer stated that the defendants believed that the sums of stock and cash in the bill mentioned, with the subsequent dividends on the stock, was the full and entire amount, which the defendant Maria Abrey was entitled to in respect of the personal estate of the testator, and that the same was the full and entire amount, which the plaintiff was answerable or accountable for in respect

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1846.

ABREY,

would be fit and proper to be allowed for the like maintenance and provision of or for the petitioner's said wife EDWARds v. for the time to come, until the further order of the Court, and whether out of any and what fund to be administered in this suit (a), and to whom and upon what security such future allowance ought to be paid, and from what time the same ought to commence.

In pursuance of this decree and order, the Master made his report, dated the 4th July, 1846. And he found that the defendant Daniel Abrey had three children by his wife of the names and ages therein mentioned; and that his said wife, some time after the birth of the said three children, became of unsound mind, and in or about the month of June, 1838, she was removed to an asylum therein mentioned, and she continued at such asylum to the month of October, 1839, when she returned to the residence of her said husband, and continued there until the month of November, 1840, she being and continuing still of unsound mind; and in the said month of November, 1840, she was again removed from the residence of the said defendant, D. Abrey, to an asylum at Kensington, and continued there until the month of February, 1841, when she was removed to St. Luke's Hospital, where she continued one year, and being then declared to be incurable, she was again removed to the said asylum at Kensington, where she had remained ever since. And the said Master found that the expenses of maintaining and supporting the defendant Daniel Abrey's said wife during the time she had been so afflicted, and of providing her with proper advice and attendance, and other necessaries, had, in and from the said month of June, 1838, down to the then present time, been borne and paid by him

with an estate in the absence of a report of debts, it was that case. The intestate had been dead more than nineteen years, and she had died under circumstances that rendered it extremely improbable that she should have left any

debts that her administrator would
not have immediately liquidated;
besides, it was only proposed to
take the dividends and a small
part of the capital.

(a) See the preceding note.

1846.

EDWARDS v.
ABREY.

by and out of his own proper moneys, and that he had properly expended in that behalf several sums of money, amounting together to the sum of 4137. 8s. 6d. And the said Master found, that the defendant Daniel Abrey occupied a farm of about 100 acres, and his income, including the average profits of his said farm for the last seven years, had not exceeded the annual sum of 1007., and had, during all that time, been altogether insufficient to defray his expenses incurred on behalf of his said wife, and to maintain himself and his said children, and to educate the latter; and that the defendant Daniel Abrey had accordingly withdrawn and expended, from the capital of his property, the said sum of 4131. 8s. 6d. so expended by him on behalf of his said wife as aforesaid. The report then stated a proposal of the defendant Daniel Abrey. And upon due consideration of the said proposal, and of the evidence in support thereof, the Master found that the defendant Daniel Abrey was not of ability to maintain his said wife, regard being had to her fortune and her situation and comfort, and to the number of the children of the defendant Daniel Abrey, and his said wife, and the provision necessary to be made by the defendant Daniel Abrey for them. And the said Master was of opinion, that the said sum of 4131. 8s. 6d.expended by the defendant Daniel Abrey for past maintenance and provision of or for his said wife up to the 18th day of February, 1846-should be paid to him by sale of a sufficient part of the said 13701. £3 per Cent. Reduced Bank Annuities, being part of the fund to be administered in this suit (a). And the said Master was also of opinion, that the sum of 701. a year was fit and proper to be allowed to the defendant Daniel Abrey for the maintenance and provision of his said wife from the said 18th day of February, 1846, and that the same should be paid out of the dividends to accrue due on the residue, if any, of the said 1370l. £3 per Cent. Reduced Annuities, after payment of the said sum of 4131. 8s. 6d., and the costs by the said decree (a) See the note, ante, page 180.

directed to be paid out of the said Reduced Annuities, and

1846.

also out of the dividends of the said 18001. Bank £3 per EDWARDS v. Cent. Annuities, also standing in the name of the said Ac- ABREY. countant-General in trust in this cause as aforesaid, being the remaining fund to be administered in the suit (a). And the said Master was further of opinion, that the defendant Daniel Abrey ought to enter into his own recognizance to apply the said yearly sum of 707. so long as the defendant Daniel Abrey should continue to receive the same, in and for the future maintenance and provision of his said wife in the manner proposed by him.

The costs mentioned in the decree, and also the legacy duty, which it afterwards appeared that the plaintiff had omitted to pay, were paid out of the dividends as far as the same would extend: and the deficiency was raised and paid by sale of part of the £1370 Reduced Annuities, which thus became diminished to the sum of 1356l. 1s. 4d.

The defendant Daniel Abrey for himself, and as guardian for the purposes of the suit of the defendant Maria Abrey, his wife, presented a petition, praying, that the Accountant-General might be directed to sell so much of the said 1356l. 1s. 4d. Reduced Annuities as would be sufficient to raise the said sum of 4137. 8s. 6d., found, by the said Master's said report to have been borne and paid by the defendant Daniel Abrey, by and out of his own proper moneys, in the expenses of maintaining and supporting his said wife, during the time she had been afflicted, and of providing her with proper advice and attendance, and other necessaries, from the month of June, 1838, down to the 18th February, 1846, as in the said Master's said report is mentioned and set forth, and that the same, when sold, might be paid to the said defendant Daniel Abrey; and also that the sum of 701. a year-which the said Master, by his said report, was of opinion was fit and proper to be allowed to the defendant Daniel Abrey for the future maintenance and provision of his said wife, from the said 18th day of February, 1846, until the further order of the Court-might be paid to the (a) See the note, ante, page 180.

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