Page:The English Reports v1 1900.pdf/1217
estate and estates, and in such manner and form, as be the said Robert Wynn should in and by his last will and testament in writing, to be by him signed, sealed, and published in the presence of three or more credible witnesses, or in and by any deed or other writing, to be by him executed in the presence of two or more credible witnesses, limit or appoint; and for want of such appointment, to the use of himself, and the heirs of his body; remainder to his brother Maurice Wynn, and the heirs of his body; remainder to his cousin Owen Wynn, the appellant's father, and the heirs of his body; with remainder to his own right heirs.
On the 25th of March 1717, the said Owen Wynn, the appellant's father, died, leaving issue the appellant his only son and heir; and on the 1st of May following, the said Robert Wynn died, without issue.
Whereupon Maurice Wynn, his brother, entered on the estate as being his heir at law, and also next remainder-man in tail under the said deed; and enjoyed the same till his death, which happened in March 1718; and he dying without issue, and without altering any of the uses limited by his said brother, or doing any act to bar those uses; the respondent entered upon all the premises, as heir at law both of Robert and Maurice Wynn, and got into his possession all the deeds and writings relating thereto.
[96] In Michaelmas term 1718, the appellant brought his bill in the Court of Chancery against the respondent, for a discovery of the deed declaring the uses of the recovery, and to have it delivered up to him, that he might assert his title to the remainder thereby limited to the heirs of the body of the said Owen Wynn.
The respondent, by his answer to this bill, admitted to have the said deed in his custody, and annexed a copy thereof; but insisted that Robert Wynn, after the execution of that deed, had, on the 12th of September 1713, made his will; and thereby devised all the said premises, by the name of all his estate of Maesmochnant to his brother Maurice Wynn, and the heirs male of his body; and, failing his heirs, to his cousin Owen Wynn, the appellant's father, and the heirs male of his body; and, failing his heirs, to his the testator's own right heirs that the said Robert Wynn and his brother Maurice being both dead without issue, and the uses declared by the deed being revoked by the will, the appellant could derive no title under that deed, nor under the will; in regard the said Owen Wynn, the appellant's father, died in the life-time of the testator.
The cause being at issue, came on to be heard before his Honour the Master of the Rolls, on the 5th of June 1722; when it was ordered, that both parties should attend the Master, who should examine whether the whole estate of Robert Wynn was known by the name of Maesmochnant, or not; and whether the said Robert was seised of any other lands than what were mentioned in the deed of the 12th of September 1709 and whether the whole, or any and what part of the estate of Robert Wynn did pass by the bequest in his will, of all his estate of Maesmochnant; and to examine what was the yearly value of that part of the estate which lay in Maesmochnant, and also of the whole estate, and state the whole matter to the court: and for the better clearing thereof, the will and all the deeds and writings relating to the said estate, were to be brought before the Master.
The respondent appealed from this order to the Lord Chancellor Macclesfield; who, upon hearing the cause, on the 8th of February 1723, confirmed the former decree; but without prejudice to the respondent's applying to that court, after the Master's report, for a further enquiry, touching the matters in the petition of appeal mentioned.
The deed of settlement, will, and title deeds having been brought before the Master, and several proofs taken in the cause, he, by a special report, dated the 30th of June 1724, certified, that by the said will, deeds, and dispositions it did appear, that the whole paternal estate of Robert Wynn, which came to him from his ancestors, the Wynns of Maesmochnant, was commonly known by the name of Maesmochnant estate; and that Maesmochnant was the proper and particular name of the mansion, or chief dwelling house of the family, and not of any township or division of the county: that the said Robert Wynn, at the time of making his will, and suffering the recovery, was seised in fee of two messuages by him pur-[97]-chased, called Cae Mawr and Pen-y-Ford Wenn, besides those particularly described in the deed declaring the uses of the recovery: and that he conceived it to have been the intention of the testator, by the bequest of all his estate of Maesmochnant, to pass his whole paternal estate; which the Master found