Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	aforesaid_a	lord_n	richard_n	2,321	5	12.4778	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A58990	The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe.; Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary. Part 2.	England and Wales. Court of Chancery.	1694 (1694)	Wing S2297; ESTC R217071	188,405	430

Cutler 30 Car. 2. fo 285. THe Testator deviseth Lands to be held by his Executors Will. Lands devised to be held by Executors till his Son attain 22 years Son dyes before 22 Executors decreed to hold the Lands till the said 22 years till the Testators Son attained 22 years of Age for maintenance of the Executrix and her Children that the said Testators Son dyed before 22 years of Age. This Court decreed the Executrix to hold the Lands against the next Heir until the said Sons Age of 22 years as if the said Son had lived to 22 years and the Plaintiffs debt on Bond to be paid by the next Heir or the reversion to lye liable and charged therewith Jolly contra Wills 30 Car. 2. fo 523. THat Roger Garland Elder Brother Will. Devise of Goods to J. S. for 11 years the remainder over J.S. decreed to deliver the Goods after the 11 years by Will did give unto John Wills the Defendants late Husband the use of all and singular the Goods Plate c. whatsoever then in his House for Term of 11 years from his death and after the 11 years expired he gave the same to his two Nephews Robert and Roger Garland and to his Niece Elizabeth the Plaintiff to be equally divided amongst them and after the 11 years the said Wills was to deliver them to the Plaintiff The Defendant Wills insists that by the bequest of the said Goods for the 11 years she and her Husband to whom she is Executrix are well intituled to the property of them and that the Devisour is void in Law and Equity This Court decreed the Defendants Will to deliver the goods to the Plaintiffs to be divided according to the Will the said 11 years being expired German contra Dom Colston 30 Car. 2. fo 741. THis Court decreed Legatees to refund to make up Assets that in case hereafter any Debt of Sir Joseph Colston should be discovered and recovered against his Executors the Legatees of Sir Joseph Colston are to refund in proportion what they have received for or towards their Legacies to make up Assets for satisfaction thereof Cotton contra Cotton 30 Car. 2. fo 71. 282. THat Nicholas Cotton being seized in Fee of Copyhold Devise and Free hold Lands in Middlesex and Surry of 500 l. per Annum in 1676. dyed without Issue wherebythe same descended to the Plaintiff as Couzen and Heir to the said Nicholas but the Defendant Katherine Cotton pretends that the said Nicholas Cotton made his Will in Writing 25 years since viz. in 1650. having first surrendred the said Copyhold Land to the use of his Will and bequeathed the same to the said Defendant Mrs. Katherine Cotton his Relict and her Heirs but if such Will were the said Nicholas purchased some Lands since which descended to the Plaintiff and that the said Nicholas a little before his death contracted with Sir Thomas Lee and his Trustees for certain Copyhold and other Lands in Sunbury and was to pay 1110 for the same and paid most of the Mony in his Life-time and had possession The Defendant Mrs. Cotton insists that Nicholas Cotton her late Husband deposited in the Hands of the said Sir Thomas Lee or his Trustees 600 l. designing to purchase the said Land in Sunbury but her said Husband Cotton was to have interest for the said Mony and he only rented the said Sunbury Lands and not purchased them because a good Title could not appear but insist that after the death of her Husband she purchased the premisses and paid 320 l more then the 600 l. paid into the said Sir Thomas Lee's Hands and that her Husband by the said Will devised to her all his Real and Personal Estate and made her Executrix This Cause being now heard by Mr. Articles for a purchase and 600 l. paid but interest was paid for it till the Conveyance executed contractor dyes before any conveyance the 600 l. was part of his personal Estate Justice Windham who on reading the Articles between the said Nicholas Cotton and the said Sir Thomas Lee whereby the said Nicholas Contracted with him for the purchase of his Free and Copyhold Lands in Sunbury in Fee simple for 920 l. is of Opinion that the said Nicholas dyed before any Conveyance made by the said Sir Thomas Lee of the said premisses to the said Nicholas and the said Sir Thomas paying Interest for the said 600 l. and the said Nicholas paying Rent for the said premises the said 600 l. at the death of the said Nicholas was part of his personal Estate and as to that 600 l. could not relieve the Plaintiff but difmist the Bill And as to the Morgage made to Perkins by the said Nicholas and the Defendant his Relict it appearing that part of the Morgaged Lands was before that Morgage made Equity of redemption to whom belongeth setled on the said Nicholas and Katherine in Joynture or otherwise so as the same came to her as Survivor this Court is of Opinion that the Equity of Redemption belongs to her as survivor and not to the Plaintiff But as for the other part of the Mortgaged premisses and other matters in the Plaintiffs Bill for which he seeks relief as Heir The question being whether any republication were of the said Nicholas his Will Republication of a Will and whether the same Lands do belong to the Plaintiff as Heir or to the Defendant Katherine as Devisee by force of the said Will. This Court referred that point to a Tryal at Law upon this Issue whether the said Nichelas Cotton did by his said Will devise the said Lands in Shepperton in the Defendants answer mentioned to be purchased by the said Nicholas Cotton of one Rowsell in Fee in 1659. to the said Katherine or not A Tryal at Law having been had upon the point aforesaid a Special Verdict was by the Lord Chief Justice North's direction sound Lands decreed to the Devisee and on a Solemn Argument before all the Judges of the Common Pleas they unanimously gave Judgment for the Defendant that the Lands in question did belong to the Defendant Katherine as Devisee by the said Will. This Court confirmed the Judges Opinion Civil contra Rich 30 Car. 2. fo 338. THat Sir Edwin Rich made his Will whereby he after some Legacies gives and Bequeaths all the residue of his Estate both real and personal to Sir Charles Rich his Heirs and Assigns for ever and maks him Executor of his Will and in his Will says he left his Estate as aforesaid in Trust with him wherewith to reward his Children and Grand-children according to their demerit This Court declared A general Trust in a Will for Children and not a fixed Trust to create a certainty of right That as to Sir Edwins Estate taking the words of the Will of the said Sir Edwin as they were they could amount to no more than a general Trust in Sir

of his Real Estate on Trustees and thereby made a provision for the Maintenance of William the younger during his Minority and therefore they opposed the Plaintiff Frances getting Administration of William the Elder The said Plaintiff Frances Whitmore insisted That by the Will of William the Elder there was no joynt devise made to the said William the Son and the Issue Male and Female of the Sisters of William the Father but a several devise to William the Son with Remainder to the Sisters Issue and that the said William the Son having an Interest vested in him by the Will of his Father and being 18 years Old when he died and he having then a power to have proved his Fathers Will the Earls Executorship during his Minority being determined might have spent or given away the said Estate in his life-time he might surely give away the same by his Will which he having done to the Plaintiff Frances she is thereby well Intituled to the same and that the remainder over to Issue Male and Female of the Sisters the Estate being purely personal is absolutely void This Court hearing several Presidents quoted Devisee Infant lived to 18 years and makes his Will and Executors and dies the Executor shall have the Legacy for that an Interest was vested in the Infant declared That by the Will of the Father there was an Interest vested in William the Son and the remainder over to the Issue Male and Female of the Sisters of William the Elder was void and that William the Son living to 18 years and making his Will as aforesaid and the Plaintiff Frances his Executrix she is thereby well intituled to the surplus of the said personal Estate and decreed the same accordingly Whitlock contra Marriot 1 Jac. 2. fo 700. THis Case being upon a Scandalous Answer Defendant ordered to pay the Plaintiff 100 I for putting in a Scandalous Answer His Lordship declared the said Answer to be very Scandalous and Impertinent and that the expressions taken by the Defendant to the Masters Report were not only more scandalous but also Malicious and that it appearing that Ryley the Defendants Solicitor had put Mr. Lynn a Councellors Hand to the Exceptions without his Knowledge This Court Ordered the said Ryley to be taken into Custody of the Messenger and declared the Answer and Exceptions were not pertinent to the Cause but meerly to defame the Plaintiff His Lordship Ordered the Defendant Marriot to pay to the Plaintiff 100 l. for his Reparation and Costs for the abuse and scandal aforesaid and the said Ryley to pay 20 l. and to stand committed to the Prison of the Fleet till payment thereof be made Ash contra Rogle and the Dean and Chapter of St. Pauls 1 Jac. 2. fo 154. THis Case is upon a Demurrer Bill to enforce the Lord of a Mannour to receive a Petition in nature of a Writ of false Judgment to Reverse a common Recovery demurred to and the demurrer allowed the Plaintiffs Bill is to inforce the Defendant the Lord of the Mannour of Barnes in Surrey to receive the Plaintiffs Petition or Bill in the Nature of a Writ of false Judgment to Reverse a Common Recovery suffered of some Copyhold Lands in the Mannour by Susan R●gle Widow which the Defendant R●gle holds under the said Recovery the Bill setting forth that Katherine Ferrers by the Will of her Husband or by some other good Conveyance was seized in Fee of Free and Copyhold Lands in Barnes formerly her said Husbands in Trust to Convey 200 l. a year thereof upon William Ferrers her Eldest Son and the said Susan his then Wife and Heirs Males of the Body of William Remainder in Tail to Thomas Ferrers the Plaintiffs Father second Son of Katherine and the Heirs of his Body Edward being obliged by Articles upon Susans Marriage with his Son William to settle Lands of that value on Susan for her Joynture That Katherine on that Trust in 1642. surrendred the premisses to the value of 100 l. per Annum to the use of the said William and Susan and the Heirs of their two Bodies begotten remainder to the Right Heirs of William which was a Breach of the Trust in Katherine in limiting an Estate Tail to Susan when it should have been but an Estate for life That William died before the Admittance leaving Issue only his Son William and in 1652. Susan surrendred to one Mitchell against whom the Common Recovery in question was then obtained wherein one Walter was Demandant the said Mitchell Tenant and Susan Vouchee to the use of her self the said Susan for life the Remainder to William Ferrers and the Heirs of his Body the Remainder to the Right Heirs of the Survivor of them the said Susan and William her Son That William the Son died soon after and Susan died in 1684. and the Plaintiffs Father Thomas being dead without Issue Male in case the Common Recovery had not been suffered the premisses would have come to the Plaintiff being the youngest Daughter to her Father as Couzen and Heir both of William Ferrers the Father and William the Son the premisses being Burrough-English and so the Plaintiff was well Intituled to prosecute the Lord of the Mannour in the Nature of a Writ of False Judgment to Reverse the said Recovery wherein there are manifest Errors and Defaults but the said Lord refuses to receive the said Petition and combine with the Defendant Rogle who is Son and Heir of the said Susan by a second Husband who pretends that his Mother Susan surviving her Son William Ferrers the premisses are discended to him by virtue of the use of the said Recovery limited to the Right Heirs of the Survivor of Susan and her Son William so the Plaintiffs Bill is to examine the defects of the said Recovery The Defendants demur for that the Relief sought by the Bill is of a strange and unpresidented Nature being to avoid and reverse a Common Recovery had in the said Mannour 30 years ago and that upon a bare Suggestion generally that the Recovery is erroneous without instancing wherein which may be said in any case The Master of the Rolls declared That as that part of the Bill which seeks to impeach or reverse the said Recovery for any errours or defects therein or compel the said Lord to receive any Petition for reversal thereof or any ways to impeach the same his Honour declared That this Court being the proper Court to supply the defects in Common Assurances and rather to support than to assist the avoiding or defeating of them and there being no presidents of such a Bill as this is he thought not fit to admit of this nor to introduce so dangerous a president whereby a multitude of Settlements and Estates depending on Common Recoveries suffered in Copyhold Courts for valuable Considerations would be avoided and defeated through the negligence or unskilfulness of Clerks and therefore conceived the said Common Recovery ought

from this Defendant all her Lands and personal Estate which the Defendant had given her power to do and she died and for Non-payment of the said 400 l. per Annum the Defendant entred upon the Lands liable to the payment thereof and the Defendant hopes the said Decree shall not be Reversed The Plaintiff insists That the Title in Law in the Ladies Estate was in Trustees before her Marriage with the Defendant and so agreed to be continued without his intermedling therewith he bringing no Additional Estate to the said Lady and that there was no Fine levied to the Trustees or otherwise of her Estate of Inheritance Revocation of Uses and that the Uses upon the Recoveries were with power of Revocation in the Lady alone and that pursuant to such power by Deed 14 Car. 1. she Revoked the same and setled the same in Trust for such persons and their Heirs as she by her Will should appoint and that the said Tripartite Indenture and Decree did not discharge the Trust nor take notice of the Recoveries and that the said Lady in 1659. did appoint that her Trustees upon the said Recoveries shall convey part of her Land to the Plaintiff Solmes's Father and the Plaintiff Terrell and the rest to her Heir at Law and that in 1650. the said Land came first to be charged which was after the Ladies death and presently after there appeared Infancies which was the reason the said Decree was not sooner impeach'd This Court being assisted with the Judges Bill of Review dismist for that its a long time since the Decree was made and the Plaintiffs rested under it without any Complaint taking into Consideration the length of Time since the Decree was made and how long they were resting under it without any Complaint and that the Heirs have a benefit by the Ladies separate power of disposing who disposed accordingly by her Will. This Court with the Judges declared and are of Opinion that the said Decree grounded on the Tripartite Indenture 14 Car. 1. was and is a good Decree and ought to be performed and dismissed the Bill of Review White cont Ewens al' 22 Car. 2. fo 237. THis is upon an Appeal from a Decree Appeal from a Decree the Case being That Dame Ann Brett Relict of Sir Alex. Brett having a Joynture in the Manors and Lands of Whitstanton and Alexander her Son having on the Marriage with Elizabeth the Daughter of Sir William Kirkham agreed to settle 250 l. per Annum Joynture on the said Elizabeth but being disabled to do it by reason of Dame Anns Joynture he being seised only of 120 l. per Annum in Whitland and the Reversion of Yarkcombe the said Alexander agreed with the said Dame Ann That his Heirs Executors or Administrators should pay yearly after his death to Sir Humfry Lind and George Brett 250 l. per Annum during the said Dame Anns life if the said Elizabeth should so long live and thereupon the said Dame Ann Joyned with the said Alexander in a Grant of a Rent-charge of 250 l. per Annum out of Whitstanton for the Joyture of Elizabeth and Alexander 12 Jac. 1. demised Whitland and Tarkcombe to Lind and Brett the said Trustees for an hundred years to commence immediately after such time as the Heirs Executors or Administrators of Alexander should fail to pay the said 250 l. per Annum to the said Trustees during the life of the said Elizabeth That 15 Jac. 1. the said Alexander died and there being a failure of payment of the 250 l. by the Children Executors c. of the said Alexander to the said Elizabeth or to the Trustees for the use of the said Dame Ann the said Dame Ann paid the same out of Whitstanton and thereby the said Lease of 100 years of Whitlands and Yarkcombe did commence and thereupon she entred and received the Profits of Whitlands and the said Dame Ann paid the 250 l. during the life of the said Elizabeth That the said Alexander leaving three Children viz. Robert Mary and Ann wholly unprovided for and by Agreement the said Dame Ann was to pay 80 l. per Annum for the said Childrens Maintenance from the death of the said Elizabeth their Mother and that the said Dame Ann and her Trustees should assign the said Lease of 100 years to the said Children when at Age. That 17 Jac. 1. the said Lease was assigned to the Children to commence from 1636. that the said Dame Ann paid the said 80 l. per Annum maintenance which with 1750 l. she had paid to the said Elizabeth amounting to more than the Value of the said Lease of Whitlands whereof she received the Profits till about 1636. the said Mary one of the Children being dead and that the Defendant Ewens having married Ann the other Daughter they and the said Robert Brett the Son held the said premisses as Joynt-tenants by virtue of the said Lease but the said Robert Brett receiving more of the Profits than his share the Defendant Ewens and his Wife sued out a Writ of Partition in 1654. Partition a Moiety was delivered to the Defendant Ewens and Judgment given that the same should be held in severalty and the Defendant Ewens 12 Car. 2. for 132 l. Fine and 20 l. per Annum demised part thereof to the Defendant Nurse who assigned to the Defendant Rutland That the Plaintiff White insisting That Robert Brett acknowledged a Judgment to Richard White in 1644. extended the Defendants Moiety and brought an Ejectment and got a Verdict by surprize since which the Defendant brought an Action and obtained a Verdict whereupon the Plaintiff exhibited this Bill and hath stayed the Defendants by an Injunction To have an account of the Profits received and a Lease 12 Jac. 1. being 20 years since is contrary to the Limitations and Rules both at Law and Equity The Plaintiff insists He is now in the place of the said Robert but in a better condition his said Judgment under which he claims being long since Extended in the life time of the said Richard White and Robert Brett and before any Action brought and if the said Lease be satisfied the same ought to be set aside And to take off the length of Time insists That by a Decree made in the Court of Wards in 1640. the Defendants were to account with the said Robert Brett and the Plaintiffs Father Richard White really lent the said Mony for which the Judgment was got and in 1646. on Extent had a Moiety of Whitlands delivered and that notwithstanding the Lease to the three Children the Lady Ann had possession of Whitlands till 1637. The Defendants insist That the Lady Ann paid 1750 l. and 80 l. per Annum during the Minority of the Children which is more than the Value so look'd on her self an absolute Owner and disposed of the said Lease whereof the said Robert had a Moiety Lease to commence after failure of payment

Conscience of the Court in the application of the payment of the Mony and therefore as this Case is the whole Mony having been decreed and setled as aforesaid the Examination of the time of the actual Entry of the said Judgment tended not to the invalidating thereof but only to inform the Court when and how it came to be Recorded Examination of Originals filed is to be in the Courts at Law which in Cases of Originals filed to prevent the Statutes of Limitation and other Cases of like nature are usually Examined in the Courts at Law the Court saw no cause to relieve the Plaintiffs on their Bill of Review and dismissed their Bill of Review Dethick contra Banks 25 Car. 2. fo 143. A Free-man of London did assign over an Adventure to the Defendant his Son A Free-man of London disposeth an Adventure to his Son No breach of the Custom as to the Wives third part against which the Plaintiff complains and insists It is contrary to the Custom of London and tends to defeat the Plaintiff his Wife of a full third part of the personal Estate This Court with the Judges held the disposition to be good and could not relieve the Plaintiff Harmer contra Brooke 25 Car. 2. fo 648. THe Bill is to have an Execution of a Marriage Agreement Bill to perform a Marriage Agreement the Plaintiff Harmer with the encouragement of Thomas Hamling was to marry the Plaintiff Elizabeth the only Daughter and Heir of the said Thomas Hamling the Plaintiff Harmer being a man of a great Trade and in Consideration thereof the said Thomas Hamling was to pay the Plaintiff Harmer 500 l. at Christmass following and to settle on the Plaintiff and his Heirs a House in Sussex and at his death to give to the Plaintiff Elizabeth his Daughter all his Estate real and personal except 400 l. which he intended to the Defendant his Brothers Son whereupon the Plaintiff Harmer married the said Elizabeth but now the said Thomas Hamling the Plaintiffs Father refuses to perform his Agreement and Promise aforesaid the Plaintiff marrying without his consent and liking as is pretended and died without performance thereof and made a Will and the Defendant his Executor which Will the Plaintiff insists was voluntary and ought in Equity to be set aside the Plaintiff being disinherited thereby and to have the said Marriage Agreement performed is the Plaintiffs Bill The Defendant insists That the said Marriage was had by surprize and without the Consent of the said Thomas the Father and that he did never approve of it but when told of it was in great Passion and said his Daughter was undone and then made his Will in these words viz. I give and bequeath unto Elizabeth my only Daughter lately married against my consent and good liking to Francis Harmer the Sum of 20 l. over and above the Sum of 500 l. which I intend to pay her my self in full for her Portion and the said Thomas the Father being afterwards moved to alter his said Will declared he would not alter the same and that he would not be a President to disobedient Children and the Defendant claims the said Estate real and personal by virtue of the said Will. This Court ordered it to be Tried at Law Whether Thomas the Father did agree to give the Plaintiff Francis Harmer with the said Elizabeth any other or further Estate real or personal at any time over and besides the said 500 l. That a Verdict passed for the Plaintiff And after a Trial at Law the Marriage Agreement decreed to be made good That Thomas the Father did agree to give the Plaintiff Francis Harmer with the said Elizabeth a further Estate real and personal besides the 500 l. This Court was satisfied there was such a Marriage Agreement and that the same ought to be made good and decreed accordingly Tregonwell contra Lawrence 25 Car. 2. fo 582. THe Bill is An Injunction to restrain Ploughing or Burn-beating of Pasture to restrain the Defendant being Tenant for life from ploughing up or converting into Tillage Pasture Ground to the damage of the Plaintiffs inheritance The Defendant insisted That the said Land was very full of Bushes and Fuz and that the Ploughing and Burn-beating was an improvement of it The Plaintiff insisted That the Lands are Sheeps-strete or Sheeps-slight the surface or soyl being so thin that if the same be ploughed up two years together the Lands will yield no profit in many years after This Court on reading an Order 20th Febr. 25 Car. 2. and a Certificate of Referrees doth decree That a perpetual Injunction be awarded to restrain the Defendant from Ploughing up or Burn-beating of the said Lands above two years Sutton Vxor ejus contra Jewke 25 Car. 2. fo 178. THat 1500 l. Sum left for a Portion But if she marry without consent then a part to be to another was to be put out at Interest for the use and benefit of the Plaintiff Ann and then the said 1500 l. and the proceed thereof to be paid her at her Age of 21 or Marriage but if the Plaintiff Ann should Marry without the Consent of the Defendant Jewke and his Wife being her Father and Mother or one of them or the Survivor of them then 500 l. part of the said 1500 l. to be paid to such person as the Defendant Jewke his Wife by Writing under her Hand and without her Husband should appoint That the said Defendant Jewke his Wife died in 1668. without making any Appointment so that the Plaintiff Ann is thereupon become intituled to the whole 1500 l. and the proceed thereof That the Plaintiff Ann married in 1671. and this Suit is to be relieved for the 1500 l. and Interest The Defendant Jewke insists That Mary his Wife died in 70. but before her death in 1669. by Deed Parol directed that in case the Plaintiff Ann married without the Consent of her the said Mary or the Defendant Jewke her Husband then 500 l. part of the said 1500 l. to be paid to her and the Defendant or the Survivor of them and that the said Deed was made upon mature deliberation to keep the said Plaintiff in due Obedience and that the Plaintiff Sutton having in a clandestine manner married with the Plaintiff Ann without the Defendant Jewke his privity or consent and after he had forbidden his Daughter to marry with him on the forfeiture of his Blessing or what otherwise she might expect from him the said Defendant Jewke by means thereof and by being Administrator to his late Wife became intituled to 500 l. part of the said 1500 l. So the Chief point now controverted is Whether the Plaintiff Ann. be intituled to the whole 1500 l. or whether she had not forfeited 500 l. thereof by her marriage without her Fathers consent and privity and contrary to his direction and advice His Lordship was fully satisfied 500 l. Decreed