Page:The English Reports v1 1900.pdf/1084

Humphry Morice, the respondent's husband, for many years before his death carried on a very extensive trade as a merchant, to the coast of Africa and all the British plantations in America, and also to Holland, Russia, and the East-Indies, and other places.

On the 16th of November 1731, the said Humphry Morice died, having made his will, and appointed the respondent Katherine Morice, his widow, sole executrix thereof, who, soon after his death, proved the same.

Mr. Morice at his death left effects of great value in Jamaica, and other parts of the West Indies and places abroad, to which he traded, and many ships on the sea bound for Africa and the West [466] Indies, with rich cargoes; and also a real and very considerable personal estate, particularly £3000 bank stock; but notwithstanding this large estate, he left so many debts due to creditors in England, besides such as were due to his creditors abroad, that all his estate and effects in England, and those which there were any hopes of recovering from abroad, proved deficient to satisfy his debts.

For Mr. Morice, as afterwards appeared, was at his death indebted in £16,000 upon specialities in England, and in upwards of £130,000 on simple contract; and amongst his simple contract debts there was due from him on the 15th of December 1731, to the respondents Ann, Judith, and Elizabeth, his three daughters by his first wife, being trust money of theirs in his hands, for principal and interest, £27,376 11s. 0d.—There was also due to the respondents Sir Thomas Lee's children, for principal and interest to the same time, £9376 8s. 9d.—To the respondent Ann Sandes, for principal and interest, £4648 6s. 9d.—And to the respondents John Claxton and his wife and son, for principal and interest, £16,767 3s. amounting together to £58,168 10s. 3d. the principal of all which sums were trust monies of the said several respondents in his hands.

Mr. Morice was likewise indebted to the respondent Ann Colemore, on account of trust stocks and monies of her's with which he had been entrusted, in £500 East-India stock, £864 9s. 8d. South-Sea stock, £319 13s. South-Sea annuity stock, £104 10s. 2d. paid him in cash, and in £16 1s. 7d. dividends received by him, and unaccounted for at his decease. The appellants, the Bank of England, also claimed a debt due to them by simple contract of £29,000 and upwards.—Mr. Morice was further indebted by simple contract to the appellant James Henckell in £2089 5s.—To Mary Glover and Henry Voght in £1440.—To William Snelgrave, for principal and interest, £1948.—To James Pearce, for principal and interest, £2115.—To Jeremiah Pearce, for principal and interest, £935 16s.—To John Dagg, £1015 18s.—To Joseph Grove, £4103 6s. 5d. amounting together to £13,647 5s. 5d.—To the appellants Theodosia Crowley and Joseph Gascoigne Nightingale, by simple contract, in £1507 0s. 5d.—To the appellants Benjamin Weale, Lawrence Victorin, and several others, in several sums of money, amounting together to £6682 17s. 8½d. To the other respondents in several considerable sums of money, and also to several others, who were no parties to any suit hitherto commenced, either in law or equity.

Mr. Morice being thus indebted, and his creditors upon his death finding how