not to be shaken yet nevertheless the Case being new and great referred it to the Opinion and Determination of the Lord Chancellor His Lordship held the Demurrer good and Order to stand Skinner contra Kilby 2 Jac. 2. fo 72. THe Bill is to have the benefit of a Bequest by the Will of Robert Kilby The Will being viz. Will. If my Son Richard Kilby should behave himself towardly and undertake the payment of my debts and Legacies then he to have all my Lands in Tredington The Son Devisee of Lands upon good behaviour for his mis-behaviour decreedagainst him if he behave himself otherwise or to neglect to pay my debts and Legacies as aforesaid then he to have but 5 s. and left it to the direction of his Executrix Jane Kilby the Defendants Mother and also Mother of the said Richard Kilby the Plaintiffs Father That the said Richard waving the said Devise made to him and neglecting the payment of his said Fathers debts and Legacies the said Jane undertok and paid the same being intituled by the said Will and by her Will Bequeathed to the said Defendant the premisses This Court upon reading the said Will of Robert Kilby the Testator which being as is aforesaid declared that according to the said Will the said Jane was well intituled to the premisses and that the Defendant ought to enjoy the same and could not relieve the Plaintiff but dismiss the Bill Nayler contra Strode 2 Jac. 2. fo 473. THe Surrender of a Copyhold Estate by an Infant of 4 or 5 years of Age allowed of by this Court Surrender of a Copyhold by an Infant of 5 years of Age. Yet the Lord of the Mannor insisted he never heard of any admittance in that Mannor at such an Age. Cloberry contra Lymonds 2 Jac. 2. fo 1069. LAnds extended in 1 Car. 1. and held in Extent and a Bill exhibited to redeem and being not redeemed the Bill dismist in 16 Car. Upon the buying the Equity of Redemption of Lands in Extent Account decreed from the time of the purchase 1. and afterwards he who had the Extent by virtue of the said dismission sold the said premisses to the Defendant But the Plaintiff having since bought the Equity of Redemption seeks a Redemption This Court notwithstanding the dismission and length of time ordered an account from the time of the Purchase but no account from any time before but the profits to go against the Interest to that time Newte contra Foot 2 Jac. 2. fo 695. THe Defendant insists Depositions suppressed because the Sollicitors Clerk in the Cause did write as a Clerk in the Execution of the Commission That the Depositions in this Cause are irregulerly taken and ought to be suppressed for that Mr. Samuel Vnderwood who was Clerk to Mr. Edward Gibbon Sollicitor for the Plaintiff in this Cause did write as Clerk in Execution of the said Commission under the said Commissioners and the said Vnderwood confessed the same and solicited the Matter for which Reasons the Defendants Commissioners refused to joyn in the Execution of the said Commission it being of great mischief for Solicitors or their Clerks to be privy to the taking of Depositions in such Causes as they Solicite This Court was well satisfied that the said Depositions were for the Reasons aforesaid irregularly taken and doth order that the same be hereby suppressed and that the Six Clerks Certificate for the regular taking of the Depositions be discharged Griffith al' contra Jones al' 2 Jac. 2. fo 353. THat Peter Griffith being seised in Fee of Lands Will. and possest of a personal Estate of 20000 l. in 1681. by his Will devised to his Brother the Plaintiff 200 l. to the Plaintiff Shonnet Price and Dorothy Parry the Daughters of his Sister Shonnet 150 l. apeice c. and to the Sons and Daughters of his Brother and Sisters not mentioned by name in his Will 10000 l. equally between them which said Legacy doth belong to the Plaintiffs John Lloyd and Alice Williams being the only Nephew and Neece not named in the Will and the overplus of his Estate he obliged the Executors should pay and and distribute amongst his Brothers and Sisters Children and Grandchildren and the rest of his poor Kindred according to his Executors discretions and the Plaintiff claims the overplus of the said Estate as being all the Brothers and Sisters Children and Grandchildren of the Testator and poor Kindred that can take by the Will The Defendants the Executors insisted That they conceive the distributing and apportioning the said surplus is left to them by the express words of the Will and that they ought to distinguish the Grandchildren of the Testators Brothers and Sisters whose Fathers and Mothers were dead before the Testator and had no particular Legacies by the Will and consider the Condition and number of Children of the said Kindred and give most to those that most want and conceived that such of the Plaintiffs as have particular Legacies ought to have but a small one if any part of the surplus and the Defendants crave the directions of this Court how far the words Poor Kindred shall Extend to what Degree of Relation This Court decreed Legacies to Poor Kindred how far to be extended That the surplus of the said Estate be distributed to and amongst the Testators Brothers and Sisters Children and Grandchildren and as to the rest of the poor Kindred according to the Act of Parliament for distributing Intestates Estates and no further and to be distributed in such shares and propotions as the Executors in their discretions should think fit and whereas there are debts owing to the Testators Estate and the debtors poor but propose to pay as far as they are able This Court decreed Poor Debtors to the Testator who left a great Estate the Executors left at liberty to compound any debt That the Executors be at liberty to compound any debt owing to the said Estate if they should think fit Creditors on Judgments and Bonds decreed Creditors on Judgment and Bonds decreed to redeem Mortgages to redeem Mortgages towards satisfaction of their debts fo 843. Bernry contra Pitt 2 Jac. 2. fo 373. THe Bill is That the Plaintiffs Father being only Tenant for life of a real Estate which after his death would come to the Plaintiff and the Plaintiffs Father allowing the Plaintiff but a small subsistance and the Plaintiff borrowed of the Defendant 1000 l. in 1675 and entred into Judgment of 5000 l. Defezanced for the payment of 2500 l. after the Plaintiffs Fathers death which hapned in 1679. The Defendant insists That he lent the Plaintiff 1000 l for which the Plaintiff gave Bond and Warrant of Attorny to confess Judgment to the Defendant of 5000 l. which was Defezanced that in case the Plaintiff should out-live his Father and in one Month after his Fathers death pay the Defendant 2500 l. and if the Plaintiff
of the said Testator Joseph Jackson This Court upon reading the said Deeds and Will Mortgage-Mony payable to the Executor and not to the Heir by several good circumstances in the Conveyances conceived that there was no question in the Case but that the said several Sums of 2000 l. and 500 l. being the Mortgage-mony ought to go not to the Heir but to the Executors and to be accounted part of the Testators personal Estate he having by his Will given his real Estate by Name to his Heir besides his Portion of 2000 l. and one 4th part of the Overplus of his personal Estate the rather for that it was not in the power of the Heir to discharge the Judgment or the Mortgage and the Moneys by the several Provisoes being made payable to the Executor and not to the Heir and the Original Mortgage being but for years though altered by Act in Law and the Testator having by Will charged the Lands devised to his Heir to supply the deficiency if the personal Estate should not be sufficient Whereas if he had not taken the Mortgages to be part of his personal Estate he would have supplied the same out of the Mortgages and decreed Sir Thomas Hooke to Redeem and he pay the Plaintiffs the Executors the Mortgage-Mony with Interest Tolson contra Lamplugh 21 Car. 2. fo 786. THe Plaintiff prays liberty to make use of Depositions taken in a former Cause wherein Henry Tolson Depositions taken in a former Cause made use of the Plaintiffs late Father deceased was Plaintiff against Abraham Molline and his Wife and Mr. Winstanley Defendants The Defendant Lamplugh insisted That there is no colour or ground for the using the said Depositions taken in the Cause wherein the said Henry Tolson was Plaintiff at the Trial directed those Depositions being taken in a Cause whereto neither of the Defendants the Lamplugh's are parties and there is more difference of the Title between the Defendants the Lamplugh's and Mr. Moline and Winstanley than between the said Lamplugh and the Plaintiff Tolson The Plaintiff Tolson insisted That the Defendants the Lamplugh's claimed and derived their Title under Mr. Moline and his Wife and Winstanley and so the said Depositions ought to be used at the Trial which the Defendant denied This Court declared That the Depositions in the said former Cause ought to be used against the now Defendants the Lamplugh's unless they claim under the said former Defendants but if they do then the said former Depositions ought to be admitted as Evidence against them Hunton contra Davies 22 Car. 2. fo 386. THE Bill is for 500 l. Remainder of 2900 l. which Mr. Hugh Ordley was to pay for the purchase of Land to the Plaintiffs Father which 500 l. was decreed to be paid to one Castle in 1637. for the use of the Plaintiff which 500 l. and Interest comes to 1184 l. and to have the Defendants the purchasors of the Land to pay it To which Bill the Defendants Bill for Remainder of purchase-Mony Defendant pleads it is 33 years since and never any Suit for it but the Land enjoyed and former parties concerned dead per Cur ' a good Plea the Executors of Ordley pleaded That Mr. Ordley lived in London till 1662. and the Plaintiff might have had remedy against him and it being a debt 33 years since and no Suit commenced against Ordely in his life time nor any till now and the Lands enjoyed by others now and the Defendants the Executors have nothing to shew for the payment and Case and all former parties concerned therein being dead and therefore after all this time the Defendants hope this Court will not suppose that the said Mony is unpaid or that the Defendants ought to be charged therewith and the Defendants being Executors and Strangerr to all the Matters aforesaid This Court held the Plea and Demurrer good Malpas contra Vernon 22 Car. 2. fo 360. A Bill of Review Bill of Review to Reverse a Decree whereby the Plaintiff is decreed to pay more Mony than by his Agreement on his Purchase he was to pay This Court declared That without a special Agreement at the time of the purchase for payment of the debt claimed by the Defendant the Plaintiff ought not to be oblig'd by the Decree to pay the Defendants no such Agreement appearing by the Decree or any Proof offered at the Hearing The Defendant insisted That by the Proofs there is an Agreement proved whereby the Defendant amongst other Creditors was to be satisfied his debt Now the Point being No new Proofs admitted upon a Bill of Review upon a second Agreement whether any special Agreement was made for the purpose aforesaid and the Court had declared no new Proofs could be admitted in the Cause this Court Ordered by consent That the Cause be heard on the said point of Agreement on the old Proofs and no other Comes Castle-Haven contra Vnderhill 22 Car. 2. fo 106. THis is a Bill of Review Bill of Review to Reverse a Decree in 12 Car. 1. wherein the now Defendant was Plaintiff against the Lady Vice Countess of St. Albons his Wife and others Defendants The points of Error were That the Decree was grounded on a Bill exhibited by the now Defendant against the said Lady St. Albons his then Wife and was made by Consent without any Judicial Hearing whereby a Settlement and disposition of the said Ladies Lands whereof she had an Estate in Fee was made without any Fine or Recovery levied or suffered or any other legal Act done to bar and bind her or her Inheritance which the said Plaintiff conceives could not be done the said Lady being a Feme Covert and could not in Law or Equity consent nor could her Trustees by her consent charge the Inheritance wherein they had no legal Assurance The now Defendants insist That 2 Car. 1. the said Lady St. Albons after her Intermarriage with the now Defendant did settle 300 l. per Annum and several Recoveries were suffered whereby the same would have come to the Defendant after the said Ladies death as an Estate in Fee the said Lady dying without Issue That afterwards the said Lady and the Defendant came to another Agreement viz. That the Defendant should have 400 l. per Annum out of the said Ladies Estate to him and his Assigns for life and in consideration thereof the said Defendant agreed to quit and debar himself of and from all claim and interest to any of the rest of the said Ladies Estate real or personal during their joynt Lives or after her death and in case of failure of payment or the said Ladies death the Defendant was to enter into all the Estate for Satisfaction which said 400 l. per Annum was setled by Deed Tripartite 14 Car. 1. and the said Agreement and Settlement was confirmed by a Decree 17 Car. 1. by the consent of all parties and that the said Lady by Will gave away
to the Administrator This Court declared And the benefit of the Trust belongs to the Executor or Administrator That both in Law and Equity the benefit of the Trust in such case doth belong to the Executor or Administrator but the Plaintiff Hunt having married the said Plaintiff Mary and claiming in right of her who is Administratrx to her former Husband Edward Palmer the Court thought it hard that by virtue of the said Administration she should carry away the Estate to her second Husband and thereby strip the Infant thereof from whose Father the Estate first moved and it not appearing that the Ecclesiastical Court when they granted the Administration took any Consideration for a distribution to be made for a provision for her this Court would consider of the Case and also of the Limitation and Consideration of the said Deed and deliver their Opinion This Court being assisted with the Judges it appearing that the Interest and Estate of the Terms and the Trust and Benefit thereof is by the death of the said Edward Palmer and his Mother come to the Plaintiff Mary for her life and there being but 30 years of the said Term to come and in regard the Ecclesiastical Court cannot make a distribution of the remainder of the Terms not knowing but that the said Mary may live till the Expiration thereof This Court directed the Defendant Jones to assign and transfer the premisses and all his Interest therein The Trustee decreed to assign to the Admistratrix c. in the said Terms to the Plaintiff or such as they should appoint Darrell contra Whitchot 20 Car. 2. fo 516. THe Plaintiff had a Trust in a Lease of a Coal Farm by Patent from the late King Trust which Lease was afterwards renewed by the King and other Trustees named therein and the Defendant being one of the Trustees insists he was a joynt Patentee for the valuable Consideration of 500 l. But the Plaintiff insists The Defendant comes in as the Plaintiffs Trustee and not to be subject to the same Trust in the New Lease as he was under the Old Lease But the Defendant insists The New Patent was to the New Trustees for Service done by them to this King and this Defendants 500 l. and this Defendant was not Trustee for the Plaintiff but was in for his own use which Patent this Defendant had pleaded and was allowed Yet the Plaintiff insisted An Old Trust continned upon a new Lease or Patent No Tenant Right against the King There was a continued Trust and the Defendant and the King declared he had a respect for the Old Tenants and the Defendant coming in under the Tenants Interests ought to be in Trust for the Plaintiffs and that tho' there be no Tenant Right against the King yet the King did consider the Tenants and that this Case is but the same with that where a Mortgage or Trustee renews a Church Lease Mortgagee or Trustee renewing a Church-Lease the Cestuy que Trust relieved Bill dismist in which Cases this Court had given Relief This Court with the Judges declared their Opinion That there was no ground at all to Relieve the Plaintiff and so dismissed his Bill Episcopus Sarum contra Nosworthy 23 Car. 2. fo 720. THis Case is touching a Rent of 67 l. per Annum reserved on a Lease of Lands made by John late Bishop of Exon to the Defendant Arrears of Rent and the Plaintiff by his Bill says the Defendant never paid the said Rent to the Plaintiff nor any part thereof during all the time he was Bishop of Exon which was for 6 years whereby a great Arrear is incurr'd and due to the Plaintiff from the Defendant for which the Plaintiff seeks Relief The Defendant insists That he directly tendered the said Rent to the Bishop while he was Bishop of Exon but he refused the same having an intention to impeach the said Defendants Estate and now the Plaintiff is Translated to another See and so he ought not in Law or Equity to demand the said Arrears but ought to be debarred from receiving the same by his refusal as aforesaid His Lordship was clear of Opinion that by Law the Plaintiff could not recover the said Arrears but how far the Plaintiff was relievable in Equity was the question and his Lordship ordered Presidents to be produced where there hath been a Just duty but no Legal remedy and ordered a Case to be stated It appearing that the Plaintiff Upon refusal to accept of Rent no Relief in Law or Equity for the Arrears while he was Bishop of Exon would not accept the said Rent his Lordship with Judges assisting him were clear of Opinion That there was no ground in Equity to give the Plaintiff any Relief and dismist the Bill Barthrop contra West 23 Car. 2. fo 744. THe Plaintiffs Suit is to have the benefit and equity of Redemption of Leases mortgaged Assets and other Trust Estates made liable for the payment of his debt being on Judgment for 2000 l. and to have a voluntary Deed of Trust set aside as against the Plaintiff This Court decreed the Plaintiff to have the Equity of Redemption to be liable Equity of Redemption Assets and as Assets to satisfie his said debt of 2000 l. and set aside the said voluntary deed of Trust and all Trust Estate and Surplus thereof after preceding debts paid to be Assets in Equity for the payment of the Plaintiff Hooker contra Arthur 23 Car. 2. fo 523. THe Defendant having recovered damages for breach of a Covenant in a Lease at Law but the Plaintiff insists That there is not so much damages due as the Defendant hath sworn in his Answer therefore the Plaintiff hopes this Court will reimburse him what is overpaid to the Defendant This Court declared they would not try nor ascertain the damages in this Cour The Court of Chancery will not try or ascertain damages recovered at Law but ordered the parties to Law on the Covenant Domina Kemp contra Kemp 23 Car. 2. This is on a Case stated viz. THat upon Articles of Agreement between Sir Robert Kemp and Thomas Steward Devise the Plaintiffs Father upon the Marriage of Sir Robert with the Plaintiff it was agreed 500 l. Marriage portion should be paid unto Sir Robert or his Executors and in consideration thereof the said Sir Robert should settle a Joynture of 200 l. per Annum on the Plaintiff his wife and if the said Sir Robert should dye before such Joynture settled then he was to have Lands chargeable with the Plaintiff Dower which should fully recompence the 200 l. and that Sir Robert by his last Will devised to the Plaintiff a Rent-charge of 200 l. for her life to be issued out of the Mannor of Spenishall and Lands thereto belonging and of certain Farms called Lininlts and Mortimore and Ravels and the Frywoods in full satisfaction of the said Articles and all
Plaintiff to pay interest for for the 5000 l. to 1641 at 8 l. per Cent. and from 41 to 49 the certain profits of the Mortgaged premisses to go in discharge of the interst till that time and that if the remaining interest with the 5000 l. should in 49 amount to 7000 l. then the Plaintiff to pay Interest for 7000 l. else only for so much as the principal and Interest according to the Statutes in force This Cause was again Reheard by the Lord Chancellor Shaftsbury assisted with Judge Vaughan and Judge Ransford The Defendant insisted that setting of the interest against the certain profits from 41 to 49 as aforesaid was a great advantage to the Plaintiff and that after so long a time the Plaintiff ought not to be permitted to redeem This Court nevertheless was satisfied That the Plaintiff ought to redeem and the Matters now in Controversie being Whether the certain Profits of the premisses shall go against the Interest from 41 to 49 or not and whether the Plaintiff shall pay Interest for any more than the 50000 l. first lent or not and what Interest he shall pay at least during the hard times of War This Court on hearing Presidents was clear of Opinion The certain Profits of the premisses set against the Interest That the Setting the certain Profits of the premisses against the Interest from 41 to 49 ought to be discharged and decreed the same accordingly And touching that Point for what Monies the Plaintiff shall pay Interest either for the 5000 l. only or any greater Sum. This Court with the Judges were of Opinion That the Plaintiff ought not to pay Interest for any greater Sum than only for the 5000 l. the Original Mortgages This Court declaring there is no Reason to give Interest upon Interest Interest upon Interest and that the now Defendant ought not to be in any better condition than Sir Abraham Dawes the first Mortgagee Crisp contra Bluck 25 Car. 2. fo 357. THis Case comes to be heard upon a Bill of Review Bill of Review and an Appeal from a Decree made by the Lord Chancellor Shaftsbury the Plaintiffs Original Bill being to be relieved against a Bond of 1600 l. penalty for payment of 1000 l. and Interest entred by the Plaintiffs Father the Testator and others to William Bluck the younger in 1642. The Defendant commenced Suit on the said Bond in 1662. Bond and Judgment after upon it and the Principal and Interest far surmounted the Penalty when Judgment was entred how payment of Monies shall be applied in such case and had Judgment thereupon against the Plaintiffs Father only and the Principal and Interest due on the said Bond far surmounting the Penalty when Judgment was obtained and the Defendant being 20 years kept out of his Mony but having received several Sums in part since the Action at Law brought it was decreed That whatever Monies were received before the Judgment actually entred should be taken in discharge of the Interest of the said 1000 l. Original debt and that the Defendant should be satisfied after the Judgment entred the whole Mony thereupon recovered with damages from the time the Judgment was actually entred deducting what he had received since the actual entry of the Judgment and allowing his Costs at Law and moderate Costs in this Court And it was found that the Judgment was not actually entred till the Vacation after Michaelmass Term 1662. and so only 250 l. paid in November 1662. Whether Mony paid shall be applied to discharge Interest of the Original debt or towards satisfaction Recovered by Judgment on the same Bond. Judgment when said to be entred was accounted Interest of the Original debt and not towards the Mony recovered by the Judgment and the Account was so setled and decreed and the Mony paid accordingly Yet for Reversal of the said Decree the now Plaintiff for Error assigns that the same tends to the invalidating of the Course of the Court of Kings Bench it being by the Decree admitted that the said Judgment was entred in the Vacation after Michaelmass Term 1662. and not before Whereas it is evident by the Records of the Kings-Bench the said Judgment was entred on Record in Michaelmass Term 1662. and by construction of Law is supposed and presumed to be Recorded the first day of that Term against which Record no Evidence or Averment ought to be admitted and all Monies paid after the first day of that Term ought in Equity to be applied towards satisfaction of the Judgment and so the 250 l. paid in November 1662. in part of a debt in question ought not to go to satisfie the Interest but in part to discharge the Principal The Lord Chancellor Shaftsbury was of Opinion If entred before the Effoin-day of the subsequent Term ought to be accounted a Judgment of the preceding Term. That no Notice could be taken of any actual entry of any Judgment at Law but that every Jugment whensoever entred if before the Essoin day of the subsequent Term ought to be accounted a Judgment of the first day of the Term before and allowed and held the said Error to be good and decreed the 250 l. paid in Nov. 1662. should go and be applied as part of satisfaction of the 1600 l. and damages due on the Judgment and what other Monies were paid by any other of the Obligors their Heirs Executors Administrators or Assigns since the 20th of October 1662. if not paid on other account shall be applied in further satisfaction of the said Judgment first to discharge the Interest and then to sink the Principal and as to so much did reverse the said Decree and the Defendant appealed from this said Decree to the Lord Keeper Finch and insisted That by his Answer to the Original Bill said when the 250 l. was paid the Judgment was not entred and presently after Hearing the Original Cause the late Lord Keeper Bridgman calling to his Assistance the Master of the Rolls who declared That the Defendant should not account for any Mony as received on the Judgment until the said Judgment which was his Security was really and actually entred if the Plaintiff insisted as before which was Over-ruled and the Plaintiff then brought a Bill of Review to which the Defendant pleaded and demurred and thereupon the Lord Bridgman declared the Decree to be Just as to the 250 l. and the Decree made by the Lord Shaftsbury is to unravel the Account setled and to charge the Defendant with 4000 l. when by the Original Bill or Bills of Review they do not charge him with above the Penalty of the said Judgment This Court now declared That the Examination of the time of the actual Entry of the Judgment in this Case Examination of the actual entry of a Judgment at Law only intended to inform the Court and not to impeach the Judgment did not impeach the Judgment but only to guide the
Answer acknowledged the said Debt This Court declared that the said Debt of 400 l. and Costs ought to be paid and Ordered the same accordingly and that the same be paid by Phillip Innelt Esq who purchased the premises liable thereto Hodkin contra Blackman al' 26 Car. 2. fo 773. THe Bill is to discover the Estate of the Intestate Maurice Blackman which came to the Hands of Elizabeth his Relict and to make the same liable to the satisfaction of a Debt of 300 l. lent to the said Intestate for Security whereof the said Intestate gave a Penal Security of 1000 l. The Defendant Elizabeth the Administratrix of the said Intestate insists Agreement to Settle 100 l. in Money Goods or Lands upon Marriage for 500 l. Portion 200 l. of the said 500 l. not paid she hath no Assets to Satisfie the Plaintiffs Demands for that in 1665. the Intestate Blackman her late Husband before Marriage with her and her Father Doctor Argoll came to this Agreement viz. that her said Father should give with her in Marriage to the said Blackman 500 l. and in consideration thereof and of such Marriage the said Blackman should enter into one Obligation to the said Doctor Argoll of 3000 l. Bond of 3000 l. to perform the said Agreement and Judgment thereupon pleaded in Bar of other Debts and Goods penalty Conditioned for the Setling of 1500 l. upon the said Defendant Elizabeth and her Heirs in Monies Lands or otherwise within one Month after the Marriage that accordingly the said Blackman in August 1665. entred into such Bond and the said Marriage was had and the said Blackman received 300 l. of the Portion and the remaining 200 l. was in the Hands of the Defendants Serjant Brampston that the said Blackman never made such Provision for the said Defendant Elizabeth and her Children as by the Condition of the said Bond he was to do and the Defendant Mary after the Death of Doctor Argoll her Father whose Executrrix she is finding the said 3000 l. uncancelled and the Condition thereof not performed did in August before the time of putting the Defendant Elizabeth's Answer commence an Action of Debt against the said Defendant Elizabeth as Admininistratrrix to Blackman her late Husband and recovered a Judgment thereon for 3000 l. Debt upon the Bond. But the Plaintiff insists that the remaining 200 l. in Serjant Brampstons Hands which is part of the said Elizabeth's Portion ought to be applyed to Satisfie the Plaintiffs Debt as far as the same will go and what the same falls short of the rest of the Estate ought to supply This Court declared they saw no colour of Cause to give the said Plaintiff any Relief against the said 3000 l. Bond and Judgment thereon had other than against the Penalty and therefore the said Defendant ought to be first satisfied her said 1500 l. out of the Personal Estate of the said Blackman and Decreed the same accordingly Mosely contra Mosely 27 Car. 2. fo 521. THe Defendant claims several things devised to her in specie by the Will of Sir Edward Mosely Clause in a Will that if any Legatee should hinder or oppose the Execution of the Will then such person should lose the Legacy bequeathed A Suit for the Legacy no forfeiture and the Plaintiff would bar her claim and right for the whole by a particular Clause in the Will viz. That if any Legatee should hinder or oppose the Execution of his Will then such person should lose the Legacy bequeathed This Court as to the Clause of Forfeiture in the Will which the Plaintiff would have the benefit of by reason of the Defendants contesting and opposing of the Execution of it declared its Opinion to be That no advantage ought to be taken thereof but that the Defendant ought to have her specifick Legacies bequeathed by the Will The Court also declared their Opinion of the Rent demanded by the Defendant of 880 l. that notwithstanding the Defendants opposition of the Will the said Rent was not forfeited or suspended nor ought in equity to be so deemed and ordered the Defendants demand thereof to stand good and be allowed as a good demand Plummer contra Stamford 27 Car. 2. fo 74. THat Edward Stamford entred into a Recognizance of 800 l. An Ancient Recognizance not set aside to let in a Mortgage to John Stamford his Brother in 22 Car. the Plaintiff having a Mortgage on Edward Stamfords Estate and in respect of the Antiquity of the said Recognizance would have it set aside presuming the mony to be satisfied that the Plaintiff may come in with his Mortgage This Court would not relive the Plaintiff against the Recognizance Twiford contra Warcup 27 Car. 2. fo 749. THe Plaintiff and Defendant entred into Articles for Purchase of the Lands in question Articles Conveyance by which Articles the Plaintiff Covenanted That the said Lands did fully and compleatly contain the quantities of Acres in a particular to the said Articles annexed and in pursuance of the said Articles and particular a Conveyance was Executed to the Defendant Now the Defendant insists That the Plaintiff hath not performed the Covenant in the said Articles for that the Lands are short of what the particular mentions them to be and insists they ought to be made good by the Plaintiff This Court on reading the Articles particular and Conveyance declared that altho' the Covenant in the Articles were that the Lands did full and compleatly contain the quantities in the Schedule yet in that Schedule and likewise in the Conveyance it is mentioned to contain so many Acres by Estimation and if there were 4 or 5 Acres more the Plaintiff cannot have them back again so on the other side if less the Defendant must take it according to the Conveyance and that the Articles being only a security for a Conveyance and the Defendant having afterwards taken a Conveyance No resorting back to a defect in Articles after a Conveyance thereupon executed the Defendant shall not resort to the Articles or to any particular or to any Averment or Communication after the Conveyances Executed which ought not to be admitted against the Deed and therefore saw no Cause to make any allowance for defect of Acres Newton contra Langham 27 Car. 2. fo 563. THe Plaintiff having an Adventure of 1700 l. Adventure in the East-India Company Mortgaged redeemable in the East-India Company Mortgaged the same 15 years since to Sir William Vincent who died and made the Defendant Executor who hath possessed the said 1700 l. Adventure and refuse to reassign the same to the Plaintiff the mony being paid for which it was a Security The Defendant insists That the said Adventure is not redeemable it being contingent and hazardous and cost much mony to insure and 14 years since it was assigned from Hand to Hand by a Decre for the Assignment to the Defendants Testatrix This Court declared That notwithstanding
Charles to reward such of his Children and Grand children as they should demerit and as Sir Charles should think fit and not an absolute fixed Trust to create a certainty of right or in terest as to any certain Proportion in any of the Children or Grand children much less in the Plaintiff Civil Rich who demands the greatest part of the Estate and that it was in the Grandfathers power to give the said Estate or what Proportions thereof as he pleased to any of his Children or Grand-children but whatever of the real Estate of Sir Edwin was disposed or setled by the said Sir Charles by act Executed in his Life time or was devised or given by the Will of the said Sir Charles the Plaintiff not to be releived but dismist the Bill Boeve contra Skipwith 30 Car. 2. fo 140. THe Bill is a Suplemental Bill A Supplemental Bill for a further discovery to have a further discovery from the Defendant by way of Evidence for the better clearing the Matters depending on the Account which the Defendant hath not answered in the former Cause The Plaintiff pleaded the former Bill to which the Defendant answered and the Cause heard and the Account directed This Court ordered the Defendant to answer to all Matters in this Bill not answered to in the former Cause but the Plaintiff not to reply nor to proceed further Dom. Grey al' contra Colvile al' 30 Car. 2. fo 397. THe Plaintiff the Lady Greys Bill is to be relieved for a debt of 1500 l. and Interest on Bond Lands purchased in Trust decreed Assets to to pay Judgment wherein John Colvile did bind himself and his Heirs to repay the same unto the Plaintiff her Executors and Assigns that the same might be paid out of the Lands which were purchased by the said John Colvile with his own proper Mony in the names of himself and the Defendants Wife to hold to them two for their lives and then to the Heirs of Colvile and the rest were purchased in the names of the said Defendants Morriss and Saunders in Trust for the said John Colvile and his Heirs That soon after and before the 1500 l. was paid the said John Colvile died and the right and equity of the premisses during the life of the said Defendants Wife is in Josia Colvile and the Reversion in Fee after the death of the said Wife will descend to the said Defendant Josia Colvile as Son and Heir of the said John Colvile and the profits are received by him or for his use that the said John Colvile dying intestate Administration is granted to Dorothy his Relict who pleads she hath no personal Estate whereupon the Lady Grey commenced a Sute at Law by filing an Original for her said debt against the Defendant Josia as Son and Heir of the said John Colvile and hath got Judgment thereon to have satisfaction for the said debt out of the Reversion of the Lands of John which descended in Fee to the said Defendant Josia Colvile and ought to have satisfaction accordingly but the said Defendant Josia pretendeth he hath nothing by descent in present but the Reversion of the Lands purchased in the names of John Colvile and his Wife after the death of his Wife whereas he and the other two Defendants were only Trustees for John Colvile and his Heirs and their Trust being now come to the Defendant Josia they are liable as Assets in equity for satisfaction of the Plaintiffs debts and the Plaintiff ought to be let into the immediate Possession and the said Josia also insists That the premisses are incumbred by a former Judgment of one Lease for 800 l. and the Plaintiffs Creditors and other the Creditors in their Suit seeking relief against the same Defendants upon the same Trust and Equity and to have their debts paid out of the said Lands they insisting they are Creditors by Judgment grounded on Original of the same day and date with the said Lady Grey and ought to be satisfied in equal degree and time The Plaintiffs Creed and the other Creditors insist Judgments to Attach Lands according to priority of Originals That they for so much as the Estate in Law of Wise is in the Heir that their Judgments ought to Attach the Lands according to priority of Originals and tho' the said Leke have obtained a Decree prior to the Creditors in these Suits yet the same is to be subject to the direction of this Court and ought not to take place but according to the Date of their Originals This Court it being admitted by all that the Original on which the said Lekes Judgment is grounded is prior to all the other Creditors Originals and that the Plaintiff the Lady Grey and Creeds Originals are next in priority and bear the same date one with another and ought next to be satisfied with other Judgments who Originally bear the same date declared that the Estate purchased in the Names of the Defendants Wise as aforesaid was a Trust for life attending the Reversion and so liable to make the several Plaintiffs Satisfaction for their Debts and should be enjoyed by the Plaintiffs against the said Wise and Josiah Colvile the Heir and the Court decreed that if the Estate of Wise as aforesaid were not sufficient then the said Reversionary Lands purchased in the Names of the said Morris and Sanders after the death of Sir John Tufton who hath an Estate for life in the said Lands should go towards Satisfaction of the said Debts Carr contra Bedford 30 Car. 2. fo 64. THe Bill being Will. that Edmund Arnold having no Child by his Will whereof he made the Defendant Bedford Executor gave several Legacies to several persons and uses and gave all the rest and residue of his Moneys and Personal Estate after Debts paid to and amongst his Kindred according to their most need to be distributed amongst them by his Executors saving such Legacies as should by his Will or any Codicil further dispose of and the Testator afterwards by Codicil gave other Legacies and desired that a care and regard should be had to the Plaintiff John Buncher The Defendant the Executor insists that he not knowing to what degroe of Kindred the bequest of the said residue ought to extend he had annexed two Schedules of Remorest Kindred and is advised until their several Claims were examined and setled by this Court he could not safely make a distribution This Court taking into consideration Devise after Debts and Legacies paid the Residue amongst his Kindred according to their most need this to be extended according to the Act for better Settlement of Intestates Estates to what degree of Kindred the Testator's bequest of the residue of his Personal Estate to his Kindred of most need could extend that the Act of Parliament for better setling Intestates Estates was the best Rule that could be observed as to the Limiting the extent of the word Kindred and
on Intayling of a Term for years with Remainders over 229 Remainders succesively in a Deed of Trust being limited and confined to fall within 21 years are good and no Perpetuities 282 Q EStates Devised to be sold for increase of Childrens Portions and a Child is Born since the Will that Child shall have a share 211 Portions to be paid to two Daughters at Age or Marriage one dies before her Portion shall not go to the Administrator but the Heir shall have the profits upon the Settlement 289 Devise by Will and an Agreement about a Portion not intended several sums 35 Where Lands to be charged with Portions or not upon the Construction of a Will 126 On Constructions of a Marriage Settlement and a Will only one Portion decreed and not double 165 Payment Whether payment of Mony shall be applied to discharge Interest of the original debt or towards satisfaction received by Judgment on the same Bond 89 Priviledge from a Parish Office for the Kings Officer grantable out of Chancery as well as Exchequer 197 Power to make Leases if well pursued 157 Prohibition out of Chancery for Arresting in the Marshalls Court for matters arising in Berks 301 R. UPon refusal to accept of Rent no relief in Law or Equity for the Arreares 61 Recognizance entred into by the Wife the day before Marriage set aside and a perpetual Injunction 80 Release pleaded against the Redemption of a Mortgage and allowed 131 Reversion after an Estate Tayl subject to Trust for payment of debts 208 Contingent Remainders Devise to Father for life Remainder to his first Son and Remainder to Trustees for 99 years to support the Contingencies good tho' the Limitation is misplaced 171 A Suit cannot be revived for Costs alone where no Duty is decreed 246 A Settlement with power of Revocation by Will Executed in presence of three Witnesses but one of them did not subscribe his Name yet decreed a sufficient Revocation 214 Proofs in an original Cause not to be allowed on a Bill of Review 18 45 Bill of Reviver dismist for that 't is a long time since the Decree was made and the Plaintiff Rested under it without any complaint 48 Bill of Review for that the Plaintiff can now prove a tender and refusal which he could not prove before dismist 66 Reviver by Bill or Scire facias when proper 67 Where no ordinary Process upon the first Decree will serve but there must be a new Bill to pay Execution of the first Decree by second Decree 128 No Reviver for Costs there being no Decree Inrolled 195 No Defence in case of Abatement before the Decree signed can revive 195 S SEpecial Maintenance 411 feme Coverts disposing of her personal Estate according to Marriage Agreement decreed good but not as to the Rents and Profits of her real Estate 416 A prior Deed of Settlement barred by a subsequent Deed and new provision made for Portions 8 Supplicavit of the Peace on Petition and not on Motion nor any indorsment on the back thereof yet good 68 Want of a Surrender Aided 129 Mony decreed to be paid out of a Sequestered Estate and the Commissioners had power to sell the Term 192 A Decree and Sequestration against one who dies shall not be revived against his Heir or real Estate 244 T DEed in Trust to pay debts tho' the Creditors are not parties and no certainty of debts therein appearing yet yet good against an after Purchasor who had notice of the Trust 31 An old Trust continued upon a new Lease or Patent 60 No Tenant right against the Crown ibid. Mortgagee or Trustee renewing a Church Lease the cesty que Trust relieved ib. Where Executor shall have a Trust and where not 78 After a Statute acknowledged and a Mortgage the Conisors Trustees renew Leases in their own Names yet decreed lyable to the Statute 213 Trust assigned Trust determined 115 c. a general Trust and not a fixed Trust 141 2000 l. Allowed a Trustee for charges and expences in managing the Trust 158 Springing Trust 233 Difference between a Trust and a Legacy 288 Term iâ— Gross and Term to attend the Inheritance 233 Trayal at Law directed within a precise time 124 U Will vid. Legacies DEvise of Mony to be paid at a day to come Devisee dies before the day yet it shall be payable to the Administrator 25 Land devised on Condition the Devisee Marry with consent the Limitation over Devisee Marries without consent she shall not be relieved but the Land decreed to the Remainder man 28 Clause in a Will If any Legatee shall oppose or hinder the Execution of the Will then such persons to lose the Legacy a Suit for the Legacy is no forfeiture 105 Construction upon the words of a Will about a double Legacy 111 Construction upon the words of a Will about the profits of Land and Trusts 117 118 Devise of Goods to J.S. for 11 years Remainder over J. S. decreed to deliver the Goods after the 11 years 137 Devise the residue of his Estate amongst his Kindred according to their most need how to be expounded 147 By the general words of a Will I Devise all my Goods Chattels and Household-Stuff in and about my House to J. S. ready Mony in the House shall not pass to the Devisee she having a Legacy 190 A Deed of Trust no Revocation of a Will Estate Devised to be sold for encrease of Childrens Portions and a Child is Born since the Will that Child shall have no share 211 Devise of a Plantation in Barbados 250 Executory Devises 275 Vide Perpetuities A Will and after that a Mortgage the Will is republished it s a good Will and not revoked 299 Lands devised to be sold and none expressed to sell the Executors shall sell 304 Mony devised to one for life with Limitation over good Limitation 410 One of the Plaintiffs a Witness 32 W Wast Injunction against Plowing or Burning of Pasture 94 Y THe Custom of the Province of York as to the distribution of Decedents Estates 258 FINIS