SD833. Messrs. Whitehorne Forsyth Anderson & Kemble to Samuel Moulton-Barrett (uncle)
Published in The Brownings’ Correspondence, 3, 334 (in part).
| The Honble | Kingston |
| S. B. M Barrett | 4th Nov: 1837 |
Dear Sir
Having understood from our Mr Anderson, who has left Town for Montego Bay, that you were desirous, that we should enquire into the Title of a House, situate in a street of Spanish Town, leading to Redwood’s Gully; we have referred to the Will of James Dalhouse, under which, as we understand, the present occupiers derive their title, and we have found that the premises were devised to Ann Dalhouse the reputed daughter of the Testator for life, and thereafter to her children Francis, James, William and John Bryant, as tenants in common in fee—supposing therefore all these parties to be alive and all of age, they must all join in a Conveyance to you– If only Ann Dalhouse be dead, her children alone may give a title, if of age. Those who are not of age cannot execute a valid deed, until that disability be removed. If any have died without Will, leaving lawful issue, their share has descended on such issue, or if they have left a Will, it may have been passed by devise, and if such issue, or the objects of the devise be under age, the same objection to their executing a valid deed will apply– If on the other hand, any have died Intestate, and without any immediate lawful descendants, they (the Bryants) being (as we presume) themselves illegitimate, can have no heirs capable of inheriting, and the shares of such are, in such case, escheatable. If you wish us to proceed further with the search, & this last should be found the only objection, you might, if particularly anxious to make up a Title, apply for letters of preference in your name, and escheat any shares thus situated. As to the expence of this, we cannot positively speak, but it would vary from £40 to £100– We shall probably hear further from you on this subject.
Our Mr Anderson also requested us to state, that he can have no doubt, but that the Affidavit of the Burnetts went home, with the other appeal papers in the cause of Barrett vs Barrett, as he finds by reference to the Chancery Office that the office copy was ordered by himself–
We are Dear Sir
Your’s faithfully
Whitehorne Forsyth Anderson & Kemble
P.S. We beg also to send you enclosed our last year’s account against yourself and Mrs Scarlett, which, with a sum of £2.13.4 paid by us for you, amount together (as per statement herewith) to £57.10.5.
As our funds are just now rather low, you would very much oblige us by an early order for this sum, as well as for a sum of £100 for cash fees in the suit of Barrett vs Vermont, for which you lately were kind enough to say you would send a check on the <account.>
W.F.A. & K.
Address, on integral page: The Honble / S. B. M. Barrett / Spa: Town.
Publication: None traced.
Manuscript: Eton College Library.
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