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

that they were fairly obtained, and denied all fraud and collusion, and that the several demands thereby established were just; and that the said decrees, being prior to any other decree or judgment obtained against the respondent Katherine, (except a judgment obtained by one Mr. Maynard, in the justice of which all parties acquiesced,) their demands under those decrees, ought to be paid prior to any of the appellant's demands.

[473] The respondent Katherine, pursuant to several orders made in her cause, paid into the Bank the sums due to the several creditors who had obtained judgments against her, amounting to £14,784 5s. 3d. Whereupon the injunction, which had been before granted, was continued till the hearing of the cause; but the plaintiffs in those actions were to be at liberty to proceed on their judgments, so far as to make the respondent Katherine personally liable in point of law, but not to take out execution without leave of the Court of Chancery. And accordingly, all the judgment creditors got devastavits returned against the respondent Katherine, she not being able to justify herself at law under the said several decrees.

Witnesses having been examined, and publication passed in the respondent Katherine's cause, the same came on to be heard before his Honour the Master of the Rolls, on the 1st of August 1735, who, after a hearing of six days, decreed, that the judgment creditors, and the rest of the creditors of the said Humphry Morice, should be injoined from proceeding at law against the respondent Katherine, for so much of his assets as was recovered by the decrees of the 25th of January, and the 2d and 9th of February 1731; and the defendants, the Bank of England, were also ordered to permit the respondent Katherine to transfer the £3000 Bank stock, standing in the name of the said Humphry Morice, which was to be considered as his assets; and several directions were given for carrying this decree into execution.

But all the present appellants appealed from this decree to the Lord Chancellor Talbot; and the cause coming on to be heard on such appeal, his Lordship, on the 6th of November 1736, after a most deliberate hearing of seven days continuance, ordered and decreed, that it should be referred to the Master, to take an account of what was due to the several creditors of the said Humphry Morice, by decrees and judgments, on their said decrees and judgments, and also of what was due to the other creditors of the said Humphry Morice, who had not obtained decrees or judgments; but in taking the account of what was due to the respondents Ann and Judith Morice, under the decree of the 25th of January 1731, the Master was to enquire what was reasonable to be allowed to their father, the said Humphry Morice, for their maintenance, from the time they respectively attained the age of 21, till the time of his death, and to deduct the same out of what should be found due to them: and the Master was also to take an account of the personal estate of the said Humphry Morice, which had come to the hands of the respondent Katherine, or any other for her use; and the same, together with what should be received by her, or any other person for her use, was decreed to be applied, in the first place, to pay what should be found due to the several plaintiffs, under the said decree of the 25th of January 1731, and then to pay what should be found due to the plaintiffs, under the decrees of the 2d and 9th of February 1731, according to those decrees and his Lordship declared, that the £500 East-India stock, mentioned in the said decrees of the 2d and 9th of [474] February 1731, and the dividends received for the same since the death of the said Humphry Morice, ought not to be considered as any part of his assets, he being only a trustee thereof: and it was further ordered, that after payment of what should be found due on the said decrees, the residue of the said testator's assets should be applied in payment of the several judgments, and of what was due on the decree in the cause, wherein the said Weale and others were plaintiffs, according to their respective priorities; and if any thing should remain, then in payment of the other creditors of the said Humphry Morice, in a course of administration; and the defendants, the Bank of England, were decreed to permit the respondent Katherine to transfer the £3000 Bank stock, standing in their books in her testator's name, which was to be considered as his assets, and the dividends thereof due and to grow due, were to be laid out in South-Sea annuities, in the name of the Accomptant-General, subject to further order; and it was ordered, that the money which had been paid into the Bank by the said respondent, should be laid out in South-Sea annuities, in the name of the Accomptant-General,

H.L. i.
1073
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