Supporting Documents

SD1106.  Messrs. Pownall & Cross to Messrs. Anderson & Kemble

Published in The Brownings’ Correspondence, 4, 364 (in part).

15 Janry 1840

Gentlemen–

We are acting for Mr Moore the solicitor of Edward Moulton Barrett Esq in bringing the disputes between Mr Barrett & the Representatives of the late Geo: Gooden [sic] Barrett to a termination. Mutual releases have been prepared & executed by all parties here & the only party whose signature is now required is Mr Hy Waite Plummer now in Jamaica.

Mr Barrett will forward his part of the release & also the Conveyance of certain Lands near Oxford & Cambridge Estates to the trust of his Grandfather’s will to the uses of such will with the title– Both these Documents will require to be recorded in the proper Courts in Jamaica– By the Mutual Release it is agreed that the existing suits shall be dismissed; all parties consenting thereto, & it is desirable that immediate steps should be taken to effect that object—& that the order of Dismissal or an official Copy thereof should be sent to England for the use of the Parties here upon which the Commissioners of Compensation will act & make their award—there being no suit pending in Jamaica to prevent them–

Doubts have been entertained whether the Court will dismiss the Suit there having been a decree & orders made– If that should turn out to be the case it has been agreed between both parties, altho’ not stated in the Deed, that in order that be obtained, to discontinue all further proceedings in the suit & that an application should be made to the Court in Jamaica for an order for payment of the compensation money to the parties agreeable to the terms of the Mutual Release–

It is however supposed that if a motion be made to dismiss the Suit altogether; & all parties applying & consenting, there will be no difficulty in getting that done & it is considered that the Courts here would under similar circumstance make such an order.– Mr Barrett himself is very desirous that this course should be adopted rather than obliging an order for discontinuance.–

Messrs Le Blanc & Cook Solicitors here for the Representatives of Geo: Gooden Barrett will send out similar advices to these by this Packet to their correspondents in Jamaica & we trust you will have no difficulty in effecting the object of the parties–

Mr Cook’s power enables him to execute the Mutual release—did not as he considered authorize him to execute the Release of the Lands on Oxford & Cambridge Estates & therefore it must be executed by Mr Palmer—Mr S. Good: Barrett & Mr Plummer before it is recorded

I remain Gents

yrs obdt. Sertn

P. & Cross

Messrs Anderson & Co

Solicitors

Kingston—Jamaica

P.S. The powers of Attorney authorizing Mr Cook to execute the mutual release for Mr Palmer & Mr S. Goodin Barrett are sent in the parcel–

The one executed by Mr S. Gooden Barrett is attached with the diffs Corporation Seals. to the release.

P. & C.

Publication: None traced.

Source: Copy at Eton College Library.

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