1803. ADAIR υ. SHAW. "death of Charles Crymble the younger so far as property. "of the testator remained in specie, (if any); and that the estate of the said Francis Shaw is chargeable with interest "from the death of the said Charles Crymble the younger as "to the balance of capital of surplus which shall be found "to have come to the hands of the said F. Shaw and wife "in the life-time of the said Francis Shaw; and the de"fendant Anne Shaw with the interest of the balance in her "hands, if any; and let the master also take an account of "the personal estate of the testator which came to the hands "of the plaintiff Charles Adair as the administrator with "the will and codicils annexed of the said testator, and "also of his payment for administration and other expen66 ses; and ascertain the balance due from or to him as admi"nistrator as aforesaid; and reserve further directions, and particularly directions with respect to the said Anne Shaw "in case the personal estate of the said Francis Shaw shall "not be sufficient to pay the money which shall be reported "due from his estate, and also the costs of this suit till return "of the report." July 31, 1804. THIS cause came on for further directions upon the master's report, which stated the personal estate of the testator to have amounted to the sum of 11,9187. 8s. 1d, the entire whereof had come to the hands of Francis Shaw and his wife in the life time of Francis. It stated payments of debts by Francis and Anne to the amount of 6831. 16s. 2d. and of legacies to the amount of 4,0514. 138. 4d. that the estate of Francis was chargeable with a balance of 7,1827. 18s. and that no payment had been made by Anne since the 1 death of Francis: that the executors of Francis had not since his death paid any part of the personal estate of the testator C. Crymble to Anne, and that no part of the said estate had remained in specie, or had been kept distinct, or had come to her hands since the death of Francis. It stated the personal estate of Francis Shaw to amount to £.4,182. exclusive of two chattel leases, the value of which was not then ascertained; his debts (including the above balance) to amount to £.7,826: 10: 0, and the legacies given by his will £.5,520. It stated that no part of the personal estate of C. Crymble the elder had come to the hands of the plaintiff Charles Adair as his administrator. It stated the amount of the personal estate of C. Crymble which ought to have been applied pursuant to the will, with interest to the time of the report, to be £.10,092: 0: 9 1-2. And the balance in the hands of the executors of Francis Shaw, of his assets after payment of certain debts (and exclusive of said leases) to be £.3,824: 3:11 1-2. The Solicitor General for the plaintiffs, then prayed that the fund of £.3,824: 3:11 1-2. should be paid in liquida tion of the plaintiff's demands; and that the chattel interest should be sold and the produce applied in the same manner; and for the residue he sought a personal decree against Mrs. Anne Shaw. The Lord CHANCELLOR said, that as to creditors she would be clearly responsible, and that the inclination of his mind was to hold her responsible in the present case also; inasmuch as, although under the controul of her husband still her taking administration was a voluntary act; she might have refused it. 1804. ADAIR V. SHAW. 1804. ADAIR V. SHAW. Executors of an insolvent shall not have costs. But some disposition appearing on the part of the plaintiffs to give up their claim against Mrs. Shaw, his lordship was not pressed to decree on this point. Mr. Ball prayed the costs of the executors of Charles Crymble the younger. Lord CHANCELLOR. It is a settled rule that the executors of an insolvent shall not have costs; to allow them would be productive of the worst effects: they need not have administered. The decretal order directed the sum in the hands of the executors of Francis Shaw to be paid to the credit of this cause, and that the leasehold estates should be sold and the balance paid in like manner, and that the executor should account for the rents and that the master should take an account of the balance remaining due after giving credit for all such sums; "And reserve the consideration how far "said Anne Shaw is answerable for such balance, until the "master's report: and the plaintiffs to be at liberty to lay "proposals before the master for investing said balance in "the purchase of land, as if actually received by them, "and without prejudice to the question whether the said "Anne Shaw is liable to answer the deficiency of the personal estate of the said Francis Shaw to answer the "plaintiff's demand." Reg. Lib. L. 105. 1803. CAMPBELL v. SANDYS. THE ATTORNEY GENERAL on behalf of the plaintiff, moved for a receiver, stating that it was agreed by the parties to let the question in the cause abide the event that motion. of Dec. 21, 23. By articles relating to leases, pur auter vie, and for years, and to money, it was agreed that said leases for lives and for David Campbell the elder, the father of plaintiff's late years should be husband, being seised and possessed of certain premises, part held by leases for lives renewable for ever and part by leases for long terms of years, entered into articles bearing date the 6th of June 1771, entitled "Heads of a settle"ment agreed to be made and entered into by and between "the said David Campbell, John Campbell, son and heir apparent of the said David, and Anne his wife," (the present plaintiff) whereby, after reciting that David Campbell was possessed as aforesaid, and that Anne Campbell had become entitled to a legacy of 1,800/. of which 1,000l. had been put out and then remained at interest for her use for life, and that the remaining 8004. had been paid to John Cambell for his own use: and that John Campbell having a present occasion for the sum of 500%. all parties had agreed to call in said sum for his use and benefit. It conveyed to trustees, in trust (after suc cessive life es tates to D. G. 66 to the issue of "proportions "for want of "such appoint "ment to go to "such children " and share equally share alike, and "for default "of such issue "to the heirs, "executors and administrators of said 7. during said leases: the money or the "lands agreed to be purchased there with to go to the issue of said J. and A. in such "shares and proportions, &c. and for want of such appointment to be equally di"vided among such children, share and share alike; and if no children of said "marriage, or all should die before twenty-one," then a power to dispose of said money. Held, that issue is to be construed children, and that the issue of 7. and 4. took the absolute interest in the chattel property and a quasi fee in the freehold property. That a quasi estate tail cannot be barred by will, Semble. 1803. CAMPBELL v. SANDYS. was declared and agreed upon, that a good and sufficient deed of settlement, such as counsel learned in the law should advise and direct, should forthwith be made and executed by the parties to the effect and purpose following, viz. That the said David Campbell should by such deed assign and make over to trustees (therein named) the said leasehold interest for all the terms for lives and years thereof respectively to come," upon trust to the use of the said "David Campbell for life, and after his decease, to the "use of John Campbell for life, and after his decease, to the "issue of the said John and Anne in such chares and pro66 portions as the said John should by deed or will duly "executed, direct and appoint; and for want of such ap"pointment to go to such children eqally share and share "alike: and for default of such issue to the heirs, execu "tors and administrators of the said John, during all "the respective terms of the leases of said premises," subject to certain annuities and charges. And it was further agreed that the sum of 600l. the remaining part of said sum of 1,000l. should remain at interest or be applied in the purchase of real freehold or leasehold estate, and the interest thereof be paid to the said Anne Campbell for her life, notwithstanding her coverture, and after her decease to the said John Campbell for his life, if he should survive her, and after his decease, the said sum of 5007. or the lands or leases to be purchased therewith to go to the issue of said John and Anne in such shares and proportions as they or the survivor of them should by deed or will direct or appoint; and for want of such appointment to be equally divided among such children, share and share alike: And in case of no issue of said marriage, or if all such issue should die before the age of twenty-one, that a power should be inserted in the settlement for the survivor of said John and Anne, to dispose of said 5001. or such estate as should be |