CO885-(10-11) — Page 213

3421,

SIR,

No. 169.

(LEEWARD ISLANDS.)

TREASURY SOLICITOR to TREASURY.

ANN WRIGHT, deceased, LEEWARD Islands.

Treasury, March 20, 1863. My Lords have been pleased to refer to me the enclosed papers from the Colonial Office touching the disposal of a sum of 1371., the balance of the proceeds of the sale of a house and land in Antigua, late the property of one Ann Wright, which has escheated to the Crown, as found by inquisition.

The Escheator General of the Leeward Islands, recommends that the money should he proportionately divided between a Mr. McArthur, & creditor, in the sum of 151. 28., of the mother of the deceased, from whom she acquired the property, and a Mr. Browne, who is called the first execution creditor for a sum of 1251. 58. 8d. of one Daniel Wright, the husband of the deceased, the owner of the property. And the Governor of the island recommends that McArthur should be paid his debt in full and the residue be allotted to Mr. Browne.

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The grants of escheated property and its produce are entirely a matter for Lords' discretion. Part of McArthur's claim against the mother of the deceased was incurred in respect of the materials of which the house was built; but this is a debt against the estate of the intestate's mother, not against the intestate's or her husband's, and it does not appear why it was not paid on the death of the mother out of her It is, however, a fair claim for consideration by my Lords, but not as property

should conceive, entitled to an absolute preference over the creditors of the intestate's husbands. Of these there are several, besides Mr. Browne, who is called the first execution creditor. He refers to a letter from Wright expressing his wish that he (Browne) should have the property, that is, I presume, absolutely without reference to Mr. McArthur's claim; but this is objected to both by the Escheator General and the Governor of the island,

Mr. Wright's presumed wishes respecting an estate which was not his, but the Government's, into which he entered seemingly without authority on the death of his wife, when it devolved to the Crown as an escheat, does not appear to be entitled to much weight with reference to the disposition of the effects of his late wife by the Governor.

That disposition should be governed by the moral and equitable claims above suggested, independent of Wright's supposed wishes, of which, assuming them to be worth anything, the evidence is imperfect.

My Lords may, I would submit, properly take into consideration the claims of the other execution creditors of Mr. Wright of which a list is with the papers. The date of these executions are not much subsequent to that of Mr. Browne, and I would submit, for the consideration of my Lords, whether the most fair and equitable distri- bution of the money in question would not be to direct a distribution of it pro- portionably between Mr. McArthur and all the execution creditors of Daniel Wright pari passu.

The Secretary, Treasury.

I am, &c. (Signed) H. R. REYNOLDS..

16278.-190. 25.-2/86.

PUBLIC RECORD OFFICE

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C.O.

Reference :-

885

PUBLIC RECORD OFFICE, LONDON

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