No. VII.

DIRECTION FOR APPORTIONMENT OF FUNDS BETWEEN LEGATEES AND ANNUITANTS.

[The testator directed funds to be invested for securing an annuity of 2001. to his wife Mary Bowker, during her widowhood; an annuity of 1007. to his son David Bowker, for life, and at his death, an annuity of 301. to his son's wife, Maria Bowker, during her widowhood, and subject to the two last annuities, gave the fund for securing such two annuities to the children of his son David Bowker; and an annuity of 781. to his grandson Bowker Weldon for his life, and at his death, he gave the fund for securing it to the children of his grandson Bowker Weldon; and he directed that if either his son or grandson should alienate their annuities, they should sink into the residue of his personal estate.]

[Inter alia] It is ordered that the said Master do apportion the residue of the money to arise from the aforesaid sales, after the payment of the aforesaid costs and charges and any interest which may accrue due on any of the several bank annuities aforesaid, previously to such sales, among the several legatees and the annuitants named in the third schedule to the said Master's report, in manner following; that is to say, as to the said several legatees, in proportion to what the said Master has thereby found to be due to them for principal and interest on their respective legacies. And as to the annuity of 2001. given by the said testator to his wife, Maria Bowker, during her widowhood, in proportion to what he shall find to be the value of such annuity at the time of the said testator's death, added to the interest on the principal sum so to be ascertained, at the rate of 41. per cent. per annum, up to the date of his former report. And as to the said other annuitants in proportion, according to what he has thereby found to be due for the arrears of their respective annuities, added to the value of such sum in bank 3 per cent annuities, the annual dividends whereof would be sufficient to pay the said annuities. And in making such apportionment in respect of the annuities of 1007. and 781. in the said third schedule to this said report mentioned, the said

Master is to distinguish what he shall so apportion in respect of the capital fund necessary for securing the payment of each of the said last-named annuities from what he shall so apportion in respect of the arrears of each of the said lastmentioned annuities. And it is ordered, that what shall be apportioned, in respect of her annuity of 2001., be paid to the said plaintiff Mary Bowker. And it is ordered, that what shall be apportioned in respect of the arrears of the annuity of 1007. to the plaintiff David Bowker, be paid to the plaintiff David Bowker. And it is ordered, that what shall be apportioned in respect of the arrears of the annuity of 781. to Bowker Weldon, be paid to the said Bowker Weldon. And it is ordered, that what shall be apportioned in respect of the capital of the said annuity of 1007., be carried over to the credit of this cause, to an account to be entitled, "The plaintiff David Bowker the annuitant's account." And it is ordered, that the same, when so carried over, be laid out in the purchase of bank 3 per cent. annuities, in the name, and with the privity, &c. [See Usual Directions, No. XI. ante.] And it is ordered, that the interest to accrue on the said last-mentioned bank annuities, when so purchased as last aforesaid, as and when the same shall accrue due and become payable, be paid to the said plaintiff David Bowker during his life, or until the further order of this Court. And during the life-time of the said David Bowker, any person interested in the said annuity of 1001. during his life, and upon the decease of the said David Bowker, the said Maria Bowker, in respect of the said annuity of 301. and also any persons interested in, or entitled to the capital of the said last-mentioned annuity, are to be at liberty to apply to this Court touching the same, as they may be advised. And it is ordered, that what shall be apportioned in respect of the capital of the said annuity of 781. be carried over to the credit of this cause, to an account to be entitled, "Bowker Weldon, the annuitant's account," and the said Accountant-General is to declare the trust thereof accordingly, subject to the further order of

this Court. And it is ordered, that the same, when so carried over, be laid out in the purchase of bank 3 per cent. annuities, in the name and with the privity &c. [See Usual Directions, No. XI. ante.] And it is ordered, that the interest to accrue due on the said last-mentioned bank annuities, when so purchased as last aforesaid, be paid to the said Bowker Weldon during his life, or until the further order of this Court. And during the life of the said Bowker Weldon, any person interested in the said annuity of 781. during his life, and upon the decease of the said Bowker Weldon, any persons interested in, or entitled to the capital of the said last-mentioned annuity, are to be at liberty to apply to this Court touching the same, as they shall be advised. And for the purposes aforesaid the said Accountant-General is to draw &c. [See Usual Directions, No. XIII. ante.] Bowker v. Bowker, M. R. 23d March, 1829. From an office copy of the order.

NOTE.

Where there are legacies and annuities, and in consequence of the deficiency of the fund interest is not directed to be computed on the legacies, interest will be directed to be computed for one year on the value of the annuities at the testator's death, for the purpose of apportionment. Anon. Ex relatione Mr. Tinney.

No. VIII.

INQUIRY AS TO NEXT OF KIN. (1) And the said Master is also to inquire and state to the Court who were the next of kin of the said testator living at the time of his death, and whether any of them are since dead; and if dead, who is or are their personal representative or representatives. And for that purpose the said Master is to cause advertisements to be published in the London Gazette, and such other public papers as he shall think fit, for such next of kin to come in and make out their kindred; and he is to fix a peremptory day for that purpose, and in default thereof they are to be excluded the benefit of this decree (2). And for the better taking, &c. and discovery of the matters afore

said &c. [See Usual Directions, No. II. ante.] Martin v. Knight, M. R. 10th of May, 1815. Reg. Lib. B. 1814. fol. 1065.

NOTES.

(1) Inquiry as to next of Kin.

On a bill by next of kin, an account has been directed with an inquiry, as to the next of kin. Bent v. Birch, Appendix (1). So an account has been directed subject to an inquiry as to the title of the plaintiff as next of kin. John v. Jones, Appendix (2).

But of late it has been the practice in all cases where next of kin are concerned, to confine the decree in the first instance to an inquiry as to the next of kin, and to reserve all further directions. See Reservation of Further Directions. Usual Directions, No. XV. note, ante.

(2) Where the bill is by next of kin, a direction for contribution is sometimes added. See Contribution, No. I. Note (5) and No. IV.

Note (5), ante.

APPENDIX (1).

Decree on Bill by next of Kin, with Inquiry.

This Court doth order and decree, that it be referred to Mr S. one &c., to take an account of the personal estate of J. D. the testator in the pleadings named, not specifically bequeathed &c. And it is ordered, that the said Master do also take an account of the said testator's debts, &c. and compute interest &c. And it is ordered, that the said Master do cause advertisements &c. And it is ordered, that the said testator's personal estate, not specifically bequeathed, be applied in payment &c. And it is ordered, that the said Master do inquire and state to the Court who were the next of kin of the said testator living at the time of his death, and for that purpose, the said Master is to cause advertisements &c. And for the better taking of the accounts &c. And this Court doth reserve the consideration of all further directions, and of the costs of this suit, until after &c. And any of the parties are to be at liberty to apply &c. Bent v. Birch, V. C. 9th Feb. 1815. Reg. Lib. A. 1814. fol. 463.

APPENDIX (2).

Decree on Bill by next of Kin, subject to Inquiry.

His Honour doth order that it be referred to Mr. A., one &c., to inquire whether the plaintiffs, or either of them, are or is or not

next of kin of G. J., deceased, the intestate in the pleadings named. And in case the caid Master shall find that they or either of them are or is, then it is ordered and decreed, that the said Master do take an account of the personal estate of the intestate &c. And it is ordered, in case the said Master shall take such last-mentioned account, he do also take an account of the said intestate's debts &c.; and he is to compute interest, &c. and for that purpose he is to cause advertisements &c. And it is ordered that the personal estate of the said intestate be applied in payment of his debts &c. And in case the said Master shall find the plaintiffs, or either of them, are or is any of such next of kin, then it is ordered that the said Master do inquire and state to the Court who are such next of kin, if any, besides the plaintiffs, and whether any or either of them is or are since dead, and if dead, who is or are, his her or their personal representative or representatives. And for the better taking of the said accounts &c. And His Honour doth reserve the consideration of all further directions, and of the costs of this suit, until after &c.; and any of the parties are to be at liberty to apply &c. John v. Jones, M. R. 10th November, 1814. Reg. Lib. A. 1814. fol. 330.

No. IX.

DECREE ON BILL BY TENANTS FOR LIFE OF A RESIDUE.

[Inter alia] His Lordship doth order and decree, that it be referred to Mr. S. one &c. to take an account of the personal estate of the testator Daniel Weir, not specifically bequeathed, come to the hands of &c. [See Decree in Suit by Legatee, No. IV. ante.] And it is further ordered, that the testator's personal estate not specifically bequeathed be applied in payment of his debts and funeral expenses, in a course of administration, and then in payment of his legacies. And if the Master shall find that any of the testator's debts or legacies have been paid, the said Master is to distinguish and state what has been paid for principal thereof respectively, and what has been paid for interest thereof respectively, and when such payments respectively were made, and is to ascer