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greatly his debts exceeded his effects, they all of them, (as it was natural for them to do,) considered of the most effectual and expeditious means to secure themselves, and accordingly bills in equity and actions at law, to a great number, were brought against the respondent Katherine Morice, the testator's executrix.

The first of those suits was a bill filed on the 15th of December 1731, by the respondents Ann, Judith, and Elizabeth Morice, the testator's said three daughters by his first wife, Sir Thomas Lee [467] and his children Thomas, William, and Ann Lee, John Claxton, Esq. and Sarah his wife, and Brown Claxton, Esq. and Ann Sandes, widow, against the respondent Katherine, as executrix of her said late husband, setting forth, amongst other things, that John Brown, merchant, by his will, dated the 4th of October 1720, gave to the said Humphry Morice £16,500 in trust for his five daughters, (of whom the said Ann, Judith, and Elizabeth, were the only survivors,) to be paid in manner in the bill stated; and £5000 in trust for the Claxtons, as therein mentioned; and £10,000 in trust for the Lees, as therein mentioned; and gave to the said Ann Sandes £3000, and after some other legacies, made Mr. Morice residuary legatee and sole executor of his said will. The bill then stated what had been paid off in part, and what remained due to the several parties, and that no part of the trust money due to his daughters had been paid, but that Mr. Morice had duly paid the interest of the other remaining trust money as it became due to the time of his death; and having in their said bill specified the particular sums which were due to each of them respectively from the testator at his death, for principal and interest, and from thence to the time of filing their said bill, amounting in the whole to the said sum of £58,168 10s. 3d. they prayed a decree for payment of the same.

To this bill the respondent Katherine put in her answer; and stated what appeared upon inspection of her husband's accounts and papers, and set forth a copy of such of them as were required; and further disclosed the uncertainty of her testator's assets, and the true account of his debts by specialty and simple contract then come to her knowledge; and said, she could not admit assets to answer the plaintiff's demands, but was willing to administer her testator's estate in a due course of administration, as far as his assets would extend, and submitted the whole to the judgment of the court.

On the 25th of January 1731, this cause was heard before his Honour the Master of the Rolls, upon bill and answer only; when it was, amongst other things, decreed, that the respondent Katherine should, out of the assets of her said husband, pay the said several sums demanded by the plaintiff's bill in a course of administration; and for that purpose, that she should account for the personal estate of her late husband, which had or should come to her hands, and that subsequent interest should be carried on for the several principal sums mentioned in the decree, from the time of filing the bill, till the said accounts should be taken, and for the taking whereof all proper directions were given.

This decree was afterwards inrolled, and the respondent Katherine served with a writ of execution of it; and having then got in more effects of the testator's than were sufficient to pay off the specialties, she did, in obedience to and in part performance of the said decree, pay out of her husband's assets £10,111 to the said Ann and Judith Morice, who were then of age, in satisfaction of part of what was so decreed to be due to them.

[468] On the 16th of December 1731, the respondent Ann Colemore, wife of Thomas Colemore, by her next friend, exhibited her bill against the respondent Katherine, as executrix of her late husband, setting forth, amongst other things, that several quantities of South-Sea stock, South-Sea annuities, and East-India stock were transferred, and several sums of money paid to the said Humphry Morice, in trust for her separate use, and upon such trusts as therein mentioned, exclusive of her said husband; and that a great part thereof remained due, viz. £862 3s. 6d. South-Sea stock, £319 13s. South-Sea annuities, £500 East-India stock, £16 1s. 7d. due for dividends thereof, together with what other dividends were due thereon; and £104 10s. 2d. being money paid to the said Humphry Morice, as in the said bill specified, with interest; and therefore prayed, that the said several stocks, or so much thereof as remained in the name of the said Humphry Morice, in the books respectively belonging to the said Companies, might be transferred to trustees, with the dividends thereof,