Page:The English Reports v1 1900.pdf/1354

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III BROWN.
GORDON v. ADOLPHUS [1769]

accountant general in trust in that cause; and that the dividends and interest thereof might be paid to the said Judy Levy, for her life, (subject to the incumbrances thereon, by the said Elias Levy,) and that after her death, so much of the third part of the said Elias Levy's personal estate belonging to the said Joy Adolphus, as remained unsold, might be paid to the respondents, his children; and that such other third part as belonged to the said Reuben Adolphus might be paid, and transferred to such of the respondents the children, as should be living at the death of the respondent Michael Adolphus.

To this bill the several defendants appeared, and put in their answers, and the respondent Judy Levy by her answer admitted the two settlements made by Elias Levy and his will; and insisted, that she was entitled to the interest, income, and dividends of all the personal estate of her late husband, during her life, or until she should marry again.

The appellant Gordon by his answer admitted the settlements and will, and his marriage with Isabella Levy, and that she died in March 1754, when of the age of 23, without issue, and without making any will or disposition of her said father's personal estate; and that soon after the death of his said wife, he obtained letters of administration to her, and was her legal representative; and therefore insisted, that he was become entitled to the whole residue of Elias Levy's personal estate comprised in his two settlements and will, and which were vested respectively in the said Isabella, expectant on the determination of the respondent Judy Levy's interest therein.

The respondents Michael Adolphus and Joseph Martin by their answer admitted the settlements and will, and the marriage of the appellant with Isabella Levy, and her death, and that the appellant was her representative, and that by her death without issue, Dr. Joy Adolphus, Reuben Adolphus, and the respondent Michael Adolphus, who were the children of Elias Levy's sister Galley Adolphus, became entitled to the reversion of all the residue of the personal estate of the said Elias Levy, after the death or marriage of the respondent Judy Levy his widow. That the respondent Michael Adolphus had since his brother Joy Adolphus's death, obtained letters of administration to him during the minority of his children, who had no fortune to support themselves, except what they might be entitled to out of Elias Levy's personal estate that Joy Adolphus died indebted to sundry persons, and that the respondent Michael had not possessed himself of any part of his brother's estate or effects.

And the respondents John Lade and Hester his wife, by their answer, set forth two mortgages of certain stock and annuities, part of the estate of Elias Levy, made by Joy Adolphus to Edward Hobday, since deceased, the first dated the 2d of June 1757, for £1000 and interest at £5 per cent. and also two bonds of the same date, one from Joy Adolphus, for payment of the said [311] principal sum of £1000, and the other from him and the respondent Michael Adolphus, for payment of the interest thereof, at the rate aforesaid: and the second mortgage dated the 24th of November 1757, for £500 and interest at £5 per cent. and also two bonds of the same date, one from the said Joy Adolphus, for payment of the said principal sum of £500, and the other from him and the respondent Solomon Henry, for payment of the interest thereof, at the rate aforesaid. That Edward Hobday died on the 30th of March 1760, having by his will dated the 16th of December 1754, given and devised to the respondent Hester, all the rest, residue, and remainder of his estate, both real and personal, and appointed her sole executrix thereof, who soon after his decease duly proved the same. That the respondents married on the 2d of June 1757, and by virtue of such marriage, and under the will of the said Edward Hobday, the respondent John Lade was become entitled to the said mortgages and bonds, and to the principal money and interest due thereon; and hoped the court would direct, that so much of the third part of the personal estate of Elias Levy, so in mortgage to the said Edward Hobday, as might be sufficient to pay off all the principal sums and interest due or to grow due thereon, together with their costs, might be sold, and the respondents were ready to join in such sale, as the court should direct.

The cause being afterwards at issue, witnesses were examined therein, and the said mortgages and bonds were proved; and publication having passed, the cause came on to be heard before the Lord Chancellor Camden, on the 23d of February 1767, when his Lordship was pleased to order the usual accounts to be taken, and to give several directions relative thereto; and he declared, that upon the death or marriage of Judy

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