Page:The English Reports v1 1900.pdf/1374
having appeared, the said Thomes Morgan the elder and his sons put in their joint answer, to the effect of their original bill, and issue was afterwards joined: but before any further proceedings were had, Thomas Morgan the father died, having made his will, and thereof appointed Thomas Morgan his son sole executor, who proved the same.
On the 8th of December 1769, both causes were heard together, before the Lord Chancellor Camden; when it was referred to the Master to inquire, whether the testator, Sir William Morgan, was, at the time of his marriage, seised of any and what estates, whether freehold, copyhold, or customary freehold, in the several counties of Glamorgan, Monmouth, or Brecon, and state the same to the court, and the Master was also to inquire and state particularly to the court, whether any, and what copyhold or customary freehold estates in the said several counties, or either of them, were surrendered or conveyed after the testator's mar-[342]-riage, to the uses of his marriage settlement; and whether he died seised of any and what estates, either freehold, copyhold, or customary freehold, whereof he was seised at the time of his marriage, in those several counties or either of them, without surrendering or conveying the same to the uses of his marriage settlement; and likewise, whether the testator purchased, or acquired any freehold, customary freehold, or copyhold estates after his marriage; and it was further ordered, that the Master should also inquire and state to the court, the nature and quality of the aforesaid estates, with the course of descent which prevailed, according to the several customs of the customary freehold or copyhold manors whereof the same were held, or were parcel; and the Master was also to inquire, and state to the court, in which of the aforesaid estates (the subject of the said inquiry) the testator was seised of a legal interest and in which he was seised only of an equitable interest, and to specify the same; and the consideration of all further directions, and of the costs of the suit, was reserved until the Master should have made his report.
Several proceedings were had before the Master upon these inquiries, but before the same were gone through, Thomas Morgan the son died without issue and unmarried; and he having made his will, and appointed the respondents Charles Morgan and John Morgan executors thereof, the suit was revived against them.
On the 17th of March 1772, the Master made his report, and thereby certified, that Sir William Morgan was, at the time of his marriage, seised in fee simple of certain freehold estates in the counties of Monmouth and Glamorgan, and which were conveyed to the uses of his marriage settlement; a particular of which estates, so far as the same had been settled before the Master, was stated in the schedule annexed to his report, and therein distinguished under the head No. 1.—That the testator was at the time of his marriage, and at his death, also seised in fee simple of certain freehold estates in the county of Brecon, and which were not included in his marriage settlement, nor afterwards conveyed by him to the uses thereof; a particular of which estates, so far as the same had been settled before him, was stated in the aforesaid schedule, and therein distinguished under the head No. 2.—That the testator was at the time of his marriage, and at his death, equitably entitled to him and his heirs, to the absolute property of certain copyhold or customary freehold estates in the county of Monmouth, and which said estates were not surrendered, nor covenanted to be surrendered to the uses of his marriage settlement; a particular of which said copyhold or customary estates, so far as the same had been settled before him, was stated in the aforesaid schedule, and therein distinguished under the head No. 3.—That the testator was at the time of his marriage, and of his death, equitably entitled to him and his heirs, to certain copyhold or customary freehold estates in the county of Brecon, and which were not surrendered, to the uses [343] of his marriage-settlement; a particular of which estates, so far as the same had been ascertained before him, was stated in the aforesaid schedule, and therein distinguished under the head. No. 4.—That the testator was, at the time of his marriage, equitably entitled to him and his heirs, to certain copyhold or customary freehold estates in the county of Monmouth, and which were surrendered to the uses of his marriage-settlement, part in pursuance of the covenant in the said settlement, and part without any such covenant; a particular of which said estates, so far as the same had been ascertained before him, was stated in the aforesaid schedule, and therein distinguished under the head No. 5.—That the testator did after his marriage, purchase certain freehold and copyhold, or customary freehold estates in the counties of Moumouth and Glamorgan, of which copyhold or customaryhold estates, he had only
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