Page:The English Reports v1 1900.pdf/1161
Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the decree and order therein complained of, affirmed. (Jour. vol. 18. p. 132.)
Case 6.—George Parker,—Appellant; Mary Lamb, Widow,—Respondent [18th February 1706].
[Mew's Dig. xv. 442.]
Viner, vol. 8. p. 140. ca. 16. vol. 16. p. 453. ca. 4. 2 Eq. Ca. Ab. 658. en 2. 769. c. 3.
Edmund Parker, Esq. being seised in fee of a real estate of £3000 per ann. and possessed of a personal estate of about £30,000 value, and having only one daughter, namely, the respondent Mary, made his will, dated the 8th of July 1680, and thereby devised as follows:
Item, I give unto my daughter Mary, £1200, the one half to be paid at her day of marriage, and the other within twelve months after, provided she marry with the consent of my Overseers. Item, I give to my said daughter, an annual rent of £40 quarterly to be paid her, by equal portions; and the first payment to be made from and after my decease, and continue until she marry or die; and I do hereby charge the same on that messuage or tenement com-[13]-monly called Great Sutton, now in the tenure of D. Densham and Libbett, or one of them, and give her power to levy the same by way of distress, if cause be. Item, I give and bequeath to my son Wyke Parker, all that my messuage and tenement, with the appurtenances, in the parish of Zealmonac, now in the tenure of D. Denshain or Libbett, to have and to hold for ninety-nine years, if he, his brother John, and sister Mary, or either of then, shall live so long, yielding and paying to his sister for the same, an annuity or annual rental of £20 quarterly, to be paid by equal portions, from and after my decease, until she attain the age of fourteen years; and from thence the annual rent of £40 quarterly, to be paid by equal portions, and continue until she be married as aforesaid, or die.
The testator afterwards, on the 15th of November 1682, in consideration of £300, granted a lease of the said messuage or tenement called Great Sutton, with the appurtenances, to one Walter Levett, for ninety-nine years, if the said Walter Lovett, and his then wife and daughter, or any of them, should so long live, at and under the yearly rent of £50, payable to the said Edmund Parker, his heirs and assigns.
On the 23d of December 1689, the testator lent Thomas Williams and Edward Williams, £450, and for securing the re-payment thereof, with interest, took a bond in the name of his daughter Mary. And on the 3d of May following, he also lent to one Robert Nutcombe, £250, and for securing the same, took a mortgage of lands in the name of his said daughter Mary. In May 1691, the testator died; and thereupon the appellant obtained administration, with his will annexed, and possessed himself of the whole real and personal estate, and particularly of the securities taken in the respondent's name, and for her benefit, as aforesaid.
The respondent having afterwards intermarried with William Lamb, they, in 1692, exhibited their bill in Chancery against the appellant, in order to recover payment of the said £1200 portion, and to have the said securities delivered up, and the arrears of the £40 annuity for the plaintiff Mary's maintenance, paid. After some delay, the defendant submitted to pay the £1200, but refused to deliver up the securities, pretending, that the plaintiff's name was made use of therein, in trust for the testator; he also refused to pay the arrears of the annuity, on pretence, that the same was revoked, by granting the said lease to Lovett.
1145