Page:The English Reports v1 1900.pdf/1086

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II BROWN.
BANK OF ENGLAND v. MORICE [1737]

upon the several trusts in the bill specified: and as to so much as the said Humphry Morice had disposed of to his own proper use, that the respondent Katherine might be decreed out of his assets to make good the same, with the dividends thereof; and might also pay the said sum of £104 10s. 2d. to trustees, to be appointed in manner in the bill mentioned; and might pay to the said Ann Colemore the said £16 1s. 7d. and all dividends of the said stocks, and all interest on the said £104 10s. 2d. then or thereafter to become due to her.

To this bill likewise the respondent Katherine put in her answer agreeable to the truth of the case, and submitted the whole to the direction of the court.

On the 2d of February 1731, this cause of Colemore's was heard before his Honour the Master of the Rolls, on bill and answer, when an account was decreed to be taken of what was due to the said Ann Colemore for the dividends of the stocks, and for the interest of the said £104 10s. 2d. which the respondent Katherine was to pay her out of the assets of the said Humphry Morice, in a due course of administration; and the respondent Katherine was, in like manner, out of the said assets to purchase £862 3s. 6d. South-Sea stock, and £319 13s. South-Sea annuities, and lay out £104 10s. 2d. in the purchase of South-Sea annuities, and transfer the same to trustees, to be approved of by the Master, for the benefit of the plaintiff Ann Colemore, upon the trusts therein specified and the Master was to examine and certify whether the said £500 East-India stock remained in the said Humphry Morice's name unaltered at his death; and all further directions touching the same were reserved till the Master should have made his report; and the respondent Katherine was likewise in that cause decreed to account for the personal estate of her said late husband, come to her hands; and several other directions were given touching the same.

The Master, in pursuance of this last decree, made his report, dated the 8th of February 1731, and thereby certified, that the [469] said £500 East-India stock, remained in the said Humphry Morice's name unaltered at his decease; and that the half year's dividend due thereon at Christmas then last, being £20, was unreceived; and that he had taken an account of what was due to the said Ann Colemore, for the dividends of the several stocks mentioned in the decree at Midsummer 1730, and since then become due; and also for the interest of the said £104 10s. 2d. which dividends and interest amounted in the whole to £47 7s. 6d.

On the 9th of the same month, this cause came on again to be heard upon the Master's report, when the court decreed the respondent Katherine to transfer the said £500 East-India stock, to trustees, for the said Ann Colemore, to be approved of by the Master and that the respondent Katherine should pay her the said £47 7s. 6d. and also the said half year's dividend, out of the testator's assets, in a course of administration.

The Master, by a subsequent report of the 26th of February 1731, approved of the respondents Stephen Ram and Isaac Milner, to be trustees for the said Ann Colemore. And the decree, orders, and reports in Colemore's cause, being duly inrolled, the respondent Katherine, in obedience thereto, on the 27th of April 1731, transferred the said £500 East-India stock, to the said Ram and Milner, and paid the said Ann Colemore the dividend due at Michaelmas then last, and also the said £47 7s. 6d.

On the 28th of December 1731, the appellants, the Governor and Company of the Bank of England, sued out a special latitat from the Court of King's Bench against the respondent Katherine, returnable the 24th of January then next, being the first day of Hilary term, for recovery of their demands out of Mr. Morice's assets; which was served upon Mrs. Morice on the 30th of the same December. And on the 15th of January following, William Snelgrave, James Pearce, and John Dagg, three other of the appellants, and Jeremiah Pearce, since deceased, and represented by the appellant James Pearce, and who were all simple contract creditors, severally sued out capias's by original in the Court of King's Bench, each of them tested the 29th of November 1731, and returnable the first return of Hilary term then next, against the respondent Katherine, for satisfaction of their debts; all which writs were served upon her attorney on the 19th of the same January, who agreed to accept the same as good service upon the respondent Katherine, and undertook to appear thereto.—On the 18th of the same month of January, the appellant James Henckell sued

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