SD1154. Adam Cliff to Edward Moulton-Barrett (father)
Addendum to The Brownings’ Correspondence, vol. 5.
Liverpool
17th May 1841
Dear Sir,
It is a long time since I had occasion to address you on the subject of the late J. P. Thompson’s affairs, and the period has now arrived when I feel it my duty once more to call your attention to them–
The Court of Chancery has ordered that I am to assign to Mr Simpson the West India Estates of the Testator, and reconvey to him a Mortgage in his West India Estate (granted for securing a debt due from him to the Testator, now amounting to nearly £40,000) as soon as he has paid into Court, a sum sufficient to make up the Legacies to the young Thompsons; for which purpose 10 to £15,000 may be required—including (probably) £6,000 realised under the said Mortge, which will afterwards be repaid to him–
The Court has all along acted on the principle, that as soon as the Legacies are realised, the debt due from Mr Simpson to the Testator’s Estate, will be cancelled– This may be the law of the case, but I certainly think it is not accordant with justice; for I am of opinion that until it has been paid by him in full, it will form the residue of the Testator’s personal Estate, which was bequeathed to Mrs Thompson–
My experience leads me to conclude that the Court would make such order, unless you (the residuary Legatee of Mrs Thompson) opposed such proceeding—you being a party to the Suit–
How far this has been done I am quite ignorant, but I deem it right to bring the subject to your notice; and if you think any future proceedings on your part adviseable [sic], they should be instituted immediately, and before the balance of the Legacies is paid into Court; for as soon as that is done, I must execute the deeds before-mentioned, unless I have proper notice to the contrary–
My opinion on this matter is grounded in the principle that Mr Simpson could not take the Estates, nor have any beneficial interest in them, until after the Legacies were realised: and as he could not pay the debt due from him, by which (and from other sources) the Legacies would have been almost, or altogether satisfied; I hold the Estates of the Testator, until his Estates (and not those of Mr Simpson) had nearly satisfied them; when Mr Simpson agreed to pay the difference (in part of his debt) and then (but not till then) he will become entitled to the Estates; leaving the remainder of his debt to the Testator’s Estate, due and owing by him; and the payment of it secured by a Mortgage on his own West India Estate, and such lien on the Estates bequeathed to him by Mr Thompson, as they by law may be liable to–
I may remark that the Will contemplates that the Estates are not to be assigned to him, until the conditions on which they were devised should be fulfilled—on the contrary—it is recommended that I may have the management of them for seven years, or a longer period if my management be approved–
As I do not know your present address, it will be a satisfaction to me as Executor; if you will favour me with an intimation that this communication has reached you–
I remain,
Dear Sir,
Yours respectfully
Adam Cliff
Edward M. Barrett Esqre
Address, on integral page: Edward M. Barrett Esqre / 50 Wimpole Street / Oxford Street.
Dockets, in the hand of Edward Moulton-Barrett: [below the signature] After deducting due Debts / the personal property including the / mor[t]gage did not exceed 42.000 / which was swallowed up on the / Legacies, consequently there could / be no surplus– [and near the address] Mr Cliff / May 17 1841 / Liverpool / Recd May 22. 1841.
Publication: None traced.
Manuscript: Eton College Library.
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