Star.
London, England, 1830-08-06 00:00:00

LAW REPORTS.

COURT OF CHANCERY, Ann. 5.
JUDGMENT UPON THE LATE DUKE OF QUEENS.
BERRY'S WILL.
THOMAS Y. MONTOOMZIIIr.
The Loan CRANCIELLOR, on takinghis seat this morning, dia. I
posed of the question in this cause, which involved an immense sum
of money. In this case of Thomas v. Montgomery (said his Lotd.
'hip), the question was with respect to the appropriation of the
funds arising under the will of the late Duke of Queensberry. The
termite, died in themonth of December, 1810. The English debts
ameanted to a very inconsiderable sum—to between 8,0001. and
9,oool.—the legacies amounted to between 800,0001. and 700,0001.
—and the personal property, as far as is necessary on the present
occasion to consider it, amounted to upwards of 1,300,0001. three
per cents. If this had been the whole question,
_of ammo
the stain of die estate might have been immediately weasel
up, but there are certain claims arising out of leases granted
by the Duke of Queensberry, claims preferred by the Duke
of Buceleugh, the Earl of Weeny.% and the tenants of
these noblemen—the leases having been supposed to have been
granted in contravention of the Duke of Queensberry. Until those
()aims were settled it was of course uncertain what would be the
amount of the payments that would be applicable to the particular
legatee. In the month of June, 1814, a petition was presented to
Lor4 Eldon, as Chancellor, on e part of the particular legatees,
which prayed for an estimate to be taken of the sums that were due
(principal and interest) to the petitioners, and that the sum esti-
mated to belong to them might be carried over to their respective
accounts, subject always to the eventual claims arising out of the
roceedinp in Scotland. When that petition came on to be heard,
my Lord Eldon refused, or rather declined, to make any order
un it. It came on in the year 1814, and the application
never was renewed during the time Lord Eldon afterwards remained
in office; it was however stated at the bar and in the papers,
that 'Lora Eldon had said that he considered the claims to be
inst.—whether or not such an expression fell from the Noble
Lyra, I have no means of ascertaining with accuracy. In 1817,
1 think, in consequence of a reference to the Blaster, it was as.
ceetained that the account of the Scotch claims would not exceed
the sum of 86114731 it was quite obvious, therefore, that there would
be a eery large surplus. In consequence of that state of the funds
a special application was made to my Lord Eldon, the result of
Ipitich was, that be thought he might, with safety to all
parties, and without endangering Scotch claims, direct that a fourth
bribe account of the legatees should be paid, calculating interest on
the legacies up to that time, and an order was made to that effect.
In 023 a repot was made to the Master, that after satisfying those
boatel+ claims, if they should be eventually established, there would be
ether fund amounting to between 400,0001. and 500.0001. &plan-
' cable to the claims of the legatees, in consequence of which an order
wee, made for the division of that sum among the legatees. The dial.
eion was trade, being carried in the first instance to the satisfaction
of the interest and surplus appropriated to the discharge of so much
of the principal as it would satisfy: that the interest should
be calculated on the remainder of the principal, and then the
sum subsequently to be applied should go towards the dis-
charge 0f that remaining principal and interest. In the same man.
ln the mouth of April, 1827, the Master again reported that
there was a clear funtif 380 t. applicable to the payment of the le.;
genes, and a similar order was made by the Vice-Chanualoc, di.