Page:The English Reports v1 1900.pdf/1209

different purposes, keeping loose and disregarded papers in some, in others her wearing laces and things of little value, and in another of them her running cash, for clothes, charity, and other daily uses. That this frame or table, separated from the strong box, was not in the nature of a chest or cabinet; and though the appellants, by their answer to the cross bill, had distinguished and ascertained what chests and cabinets they claimed; yet they had not included the said frame or table, and drawers in it, under either of those denominations. That it was not pretended that Mr. Pierce's notes or declarations of trust were ever kept in the strong box, either at the time when the Countess made her will, or at any other time; besides one of them bore date above two years after the will: and even if they had been in her box at her death, yet the annuities and stocks would not have passed to the appellant Lady Paget, by the general devise of the strong box, and whatsoever was in it; since neither the annuities or stocks could, with any propriety, be said to be in the strong box. But this general devisc should rather be intended of such things as were of the nature of those expressly devised, before the devise of the strong box. That the Countess made a very bountiful provision for the appellant Lady Paget, far exceeding what she did for her other younger children; and therefore there was no occasion to augment it, by a strained con- struction to pass the notes and effects found in the drawers of the frame or table, by the general devise of the strong box, chests, and cabinets, and whatsoever was in them.

After hearing counsel on this appeal, on Monday the 15th of March 1724, a debate arose; but was adjourned to the next day, and the Lords were ordered to be summoned. On the 16th, the House was informed that there was an agreement between the parties; whereupon it was ordered, that the debate should be further adjourned till the morrow at twelve o'clock, and the Lords to be summoned; and that one counsel of a side should then at-[84]-tend. Accordingly, on the next day, the counsel being called in, Mr. Solicitor-general, on the part of the appellants, acquainted the House, "That the parties were come to an agreement; and that the same was put into writing and signed, as well by the Duke of Bridgewater, as the Lord Paget." And Mr. Attorney-general, on the part of the Duke, likewise acquainting the House, that his Grace did consent to, and had signed the said written agreement; the same was delivered in at the bar, and being read by the clerk, the following order was made:

After consideration had in relation to this matter, it is ordered and adjudged, by the Lords Spiritual and Temporal in Parliament assembled, according to the said written agreement, That the decree of the Court of Chancery, made the 9th day of December 1723, complained of in the appeal of the said Lord Paget and Elizabeth Lady Paget his wife, be, and is hereby reversed; and that the said appellants shall have and enjoy, to and for their own use and benefit, the strong box mentioned in the last will of the late Countess of Bridgewater, and the chest of drawers to which the said strong box was affixed, and the £300 Bank stock mentioned in a note, or declaration of trust, dated the 13th day of March 1702, under the hand of the respondent Pierce, whereby he promised to transfer to the said Countess £300 Bank stock at demand, and to be accountable for all dividends thereon, until such transfer; and also, that the said appellants shall have and enjoy, to and for their own use and benefit, the several annuities issuing out of the Exchequer for the residue of 99 years, which are mentioned or described in one other note, or declaration of trust, dated the 22d day of June 1705, under the hand of the said Pierce, and all dividends and yearly payments, which became due or payable at any time since the decease of the said late Countess, for or in respect of the said £300 Bank stock, or of the said annuities, or any or either of them; which said several notes, or declarations of trust, were found in the said drawers, or one of them, at the opening thereof, soon after the decease of the said Countess; and also, that the said appellants shall retain, have, and enjoy, to and for their own use and benefit, one Bank note for £200 and three Exchequer notes for £100 each, and all the gold and silver which were found in any of the drawers of the said chest, at the time of the opening thereof as aforesaid; and that the respondents, or one of them, at the request and at the charge of said appellants, shall transfer and assign to the said appellants the said £300 Bank stock, and the said several annuities issuing out of the Exchequer, and deliver to the said appellants the several tallies and orders relating thereto And that the said respondent, the Duke of Bridgewater, shall have and enjoy to his own proper use and benefit, as part of the residuum of the personal estate of the said Countess, the several