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440THE CIRCULAR TOAugust, 1832, bequeathed to Harriet Pegden the annual sum of £100 sterling during her life, to be paid in London to her or her order half-yearly, and for which she would have to present a certificate of life to the testator's executors’ correspondents in London, and he directed that, for the security of the said legacy, the executors were to make a transfer from the funds belonging to him in the Three per Cent. Consols of such a capital sum as would yield a competent interest for payment of the said legacy annually, to be paid half-yearly, declaring in the transfer thereof it was only during the life of the said Harriet Pegden. By a deed poll dated the 11th of March, 1834, three trustees, named Brown, made a declaration that the executors and executrix, Isidoro Nunes Cardozo, Olympia Nunes Car-dozo, and Henrique Nunes Cardozo, had transferred into their names £3,333:6:8 Consols, and that they would hold the same during the life of Harriet Pegden upon trust, to pay the dividend to her or her assigns, or to such persons as she by writing should appoint. The lady married Mr. John Brokenshir in August, 1835. Mr. and Mrs. Brokenshir subsequently assigned the annuity to the petitioner, the Rev. Mr. Peart: notice of the assignment was given to the Messrs. Brown, and application was made to them to pay the dividends to the petitioner, but they declined, and on the *25til of February, they, under the above-mentioned act of Parliament, transferred the stock into the Bank books'to the name of the Accountant-General, to an “ account of the annuity of Harriet Pegden.” The petition prayed that the growing payments of the annuity might be paid half-yearly to the petitioner out of the dividends of the fund, which had been increased by the addition of some bygone dividends, and that out of the same the costs of the application might be paid, and, if necessary, that pail of the capital might be sold, with the privity of the Accountant-General for the purpose of raising and paying the said last*mentioned costs.H is Honour was not willing to make any such order as asked as to the costs. He would make an order for payment of the dividends to the petitioner during the joint lives of Mr. and Mrs. Brokenshir. No costs at all events could be given ’unless the parties entitled to the capital were served with the petition.Mr. Moxon said, that the Vice-Chancellor of England had often held that where the dividends were ordered to be paid for life, it was not necessary to serve the trustees, and Vice-Chancellor Wigrara had also held the same.His Honour,—That does not answer the objection against touching the capital without the capital being represented.BeApcorn-momham,fordsFriarlendcdealeToxtApriibuildWyaStrland,Ton!J. Stew R. at tli J. Bull M. racei J. 29, I R. o’cloGe *0s. 36s.cAg30s.AverwepaFronFro i Fro i Aver coGiJ.Dob ters stori shir Jell i Sou four Am E. 1 buil Sun Son J. a Ben Bed Coc don spri F’isl in 1: Fim Aids von; plet poo Thr AndLONDON GAZETTE, FRIDAY, MARCH 24.II u OTV I I« 111 «ni V i«.h
Newspaper Details
Circular to Bankers
London, Middlesex, GB
Fri, Mar 31, 1848
Page 8
Full Page
Clipped by
Sharon G.
AU 16 Dec 2023
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