SD34. Henry Waite Plummer to Elizabeth Barrett Williams
Published in The Brownings’ Correspondence, 1, 305 (in part).
Westmd Jamaica,
June 17th 1800
Dear Aunt!
Your’s of the 9th April was received 4 days ago.– I am entirely at a loss in answering it, because the arrangement of every thing in England, from Mr Jas Scarlett being on the spot, was agreed to be left to him: & having equal right with any other Trustee, an interference with him could answer no good end. His profession would induce him to take every proper step to secure the Sanction of the Court of Chancery to his conduct in England, as we shall do also in this Island.– If therefore the opinion of Counsr Romilly of Lincoln’s Inn, (which Mr Scarlett has taken & Sent me by the Decr packet but only came to hand at same time with your’s) advises the ascertaining of the surplus of Mr Barrett’s personal Estate after paying & receiving the debts due at his Death, as a necessary measure, before the chancellor Can order a fixed allowance for the children, I am forced to lament the delay that has occur’d by the detention of the packet: & the inconveniencies which that delay may occasion to yourself.– But the propriety of the Chancellor’s fixing the annual allowance, or of your agreeing upon a Certain Sum with Mr Scarlett, is so obvious, that I am very much afraid I cannot make the Business more agreeable to you, by my writing to Mr Scarlett, which however I shall do to-day– The decisions of Law, I have found in all matters of a similar nature to be sometimes difft from the plain meaning of the Testator.
In Mr Romilly’s opinion, He says “that Richard had a property left him, & that Sam Moulton & Ed M. Barrett, being in the same predicament, (with Cinnn hill—& Cambridge) were not intitled to maintenance out of the personal Estate, but out of their own.– I sent the opinion away this Mg to Philip A. Scarlett & only speak from memory.”– But why this distinction should be made, I can give you no reason: And if the Court of Chancery should order so, the Exors must comply with the order: or if they act contrary thereto, they make themselves liable to be called upon hereafter.– As soon as I get back the Query & Opinion, I will send you a Copy.–
Perhaps Mr J Scarlett’s idea is just that it wod be better for you to fix a sum, as it might not much exceed what the Chancellor should think proper; but this point no doubt will be settled before this reaches you, as well as that of Richard’s not being entitled to an allowance out of his Grandfather’s Estate:—& this I think you should have decided directly.–
The delay of the Mails has prevented any Estimate being sent to Jas Scarlett of what remains here to be paid, so as to ascertain the Surplus of the Money in England previous to Mr B’s death, & of such debts here as were owing to him.–
I believe that Sam at present cannot have any allowance from G. G. B’s Estate; as it has so much debt to pay—but Mr Ld Parkinson in L[iver]pool is the proper person to apply to on this head.– I am only his Deputy here.–
If I could serve you in the Business, it would give me great pleasure,—but you must know very well that there is no opposing the decision of the Court of Chancery, if it should decree, as Mr Romilly & Mr Scarlett think it will, but whether it will or will not, I am unable to decide.– I think the interest of your Children require, that their rights should be decided upon, as to Education & maintenance by the Chancellor, in preference to the opinion of counsel only,—for if any counsellor employed by you should be of a different opinion, to maintain the claim of Richard would require greater funds than long |bay| can at present afford– I do not remember if yr Sam is also excepted against—but whatever saves money (in Law Disputes) to both sides, is to be prefer’d.
E– is pretty well– Henry is a tolerable good Companion for her now—the little one is a true Waite, In face—& is very noisy–
My best Wishes attend you Sarah & the youngsters–
Yr’s very faithfully
H. W. Plummer.
Mrs E B Williams
Address, on integral page: Mrs E. B. Williams / care of Messrs Plummer & Barham / London.
Publication: None traced.
Manuscript: Eton College Library.
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