SD961. Messrs. Anderson & Kemble to Edward Moulton-Barrett (father)
Published in The Brownings’ Correspondence, 4, 342 (in part).
Kingston
December 1838
Dear Sir
We have much satisfaction in being at last able to state that we have obtained the consent of Mr Richd Barrett and his nephews to the |prayer| of a Petition which we are about <…> for payments of the Retreat and Cinnamon Hill comp<lement> monies. The court meets in 28th proxo <…> shall lose no time in forwarding to you the order under Seal and other documents that my be necessary to draw the money.
We have obtained Mr Middleton’s opinion in several points of the cause, and prefix for your information his answer to a query upon the cause generally which he thinks you ought to pursue. Before transmitting his other answers we wish to refer the case back to him with some explanations.
If your Son Mr S Barrett should be about to leave England I think it might be expedient for him to have a special Power as qualified Executor of his Uncle in this Island to enable some party to appear for him either before the Commissioners of Compensation or the Appellate Court for the interest of his |Uncles| Estate.
We remain, very respectfully
Dear Sir
Your faithful Servants
Anderson & Kemble
E. B. M Barrett Esqr
Address, on integral page: E. B. M. Barrett Esqr / Messrs. Anderson & Co’s / Mincing Lane / London.
Docket: Messrs Anderson & Kemble / Decemr 1838. / Jamaica / Rec. Feby 4th
Publication: None traced.
Manuscript: Eton College Library.
Enclosure:
Opinion.
As the appellate Court has recently Expressed a very decided opinion upon the right of Mr Edward Barrett’s representatives to be paid the amount of the valuation of Slaves mentioned in the pleadings in this Cause and that such right cannot be Affected by the determination of the plaintiffs to avail themselves of the release of their debt to him I should recommend them to press for a comfirmation of this opinion by a final decree instead of prolonging the continuance of the Suit by unnecessary and Expensive application to the Court and running the risk of the appellate Court when composed of different members coming to a different conclusion to that lately Expressed. It is clear the Judges felt the great hardship and injustice of the decree of 1820 (which I believe was confirmed not on the merits of the decree, itself but by the effect of the dismissal of the appeal which was General to the whole decree but still it may be contended on a final hearing that the Sentiments of the Court in relation to the Conditional release, in Mr E Barrett’s will may be questionable in point of law. There is no ambiguity on the face of the will. he releases “All & every such sum & Sums of money as might be due & owing unto him by the heirs of the sd G G Barrett”
If the purchase had been supported & Completed the Sum due would have been the balce remaining after deductg the purchase money but the Court has decided that there was neither a purchase nor a right to purchase—that the valuation was good for neither of these purposes—how then can it be deemed good to Establish a Claim for the purchase money not actually paid and in the face of a plain release of Every debt? Independ[en]tly of the apparent inconsistency of making the valuation good for one purpose and not for another—or rather for part of a purpose and not for the whole it is very doubtful in any precedent can be found authorising the construction of a will in opposition to, or in restriction of the plain terms, in which it is Expressed merely by an inference arising from the acts of the party viz the circumstance of the will have been made after the valuation—without any direct Evidence of the intention– Being therefore apprehensive that a decision to this Effect will be going beyond the cases where Courts of law and Equity have adverted to the Situation of the parties to Enable them to construe doubtful instruments—where they are really doubtful, or to cancel mistakes where the mistake in clearly proved I recommend Mr Barrett to bring his Cause as speedily as he can before the Court which has already given a Strong opinion in his favor upon the point in question–
Sd B Middleton
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