Page:The English Reports v1 1900.pdf/1376

the said certificate should be confirmed, and declared according to the certificate, that Thomas Morgan deceased, was entitled to all the lands in the counties of Monmouth and Glamorgan devised by the residuary clause in the will of Sir William Morgan, with remainders according to the limitations in the said will, and that the respon-[345]-dent Charles Morgan was become entitled to all the estates, late of the said Sir William Morgan, in the county of Brecon; and ordered, that the appellants should deliver, upon oath, all deeds and writings in their custody or power, relating to the said estates, and also relating to all the estates freehold and copyhold, in the counties of Monmouth and Glamorgan, which were purchased by Sir William Morgan, subsequent to his marriage, to the said Charles Morgan, or to whom he should appoint. And as to the ancient copyhold, or customary estates in the county of Monmouth, mentioned in the schedule to the Master's report, under the head No. 3, which the testator Sir William Morgan was entitled to at and before his marriage, and which were not surrendered, nor covenanted to be surrendered, to the use of his marriage settlement; his Lordship declared, that the appellant Elizabeth was entitled to those estates, and also to such other copyhold, or customaryhold estates, that were under the same predicament; and ordered that it should be referred to the Master, to inquire what other estates were under such predicament; and it was further ordered, that the said Charles Morgan should deliver up possession to the appellant Elizabeth, of all such copyhold or customary estates under the said head No. 3, as she was so entitled to, or should be found to be entitled to, under the above inquiry; and should also deliver to her, or to her order, upon oath, all deeds, papers, and writings, in his custody or power, relating to such estates; and it was further ordered, that the Master should take an account of the rents and profits of such copyhold or customary estates, accrued due since the death of William Morgan her brother, received by Thomas Morgan the father, and Thomas Morgan the son, both deceased; and by the said Charles Morgan, and John Morgan, (executors of the said Thomas Morgan the son, who was executor of the said Thomas Morgan the father,) since their deaths: and the Master was also to inquire, whether any and what timber had been fallen from off the said copyhold or customary estates, since the death of the said William Morgan the heir at law, by the said Thomas Morgan the father, and Thomas Morgan the son, and the said Charles Morgan, or any of them, and employed other than in necessary repairs of such copyhold or customary estates, where by custom the tenants were entitled to the timber, and the Master was to set a value on such timber as he should find to have been wrongfully employed; and it was further ordered, that what should be found due, on the above account of rents and profits, and also what should be found to be the value of the timber so wrongfully employed by the said Thomas Morgan the father, and Thomas Morgan the son, or Charles Morgan, should be answered by the said Charles Morgan, and the said John Morgan, (executors of the said Thomas Morgan the son, who was executor of the said Thomas Morgan the father,) out of their respective assets, in a course of administration; and in case they should not admit assets, they were to come to an account before the Master for their respec-[346]-tive personal estates; and it was further ordered, that what should be found due from the said Charles Morgan, and the said John Morgan, on the said accounts, should be answered by them, and that the same should be paid to the appellants, in right of the appellant Elizabeth and his Lordship declared, that by the true construction of the settlement of the 14th of May 1723, as William Morgan, the brother of the appellant Elizabeth, lived to attain the age of 21, she was only entitled to the sum of £12,000 to be raised under the term of 500 years, created by the said settlements; and it was further ordered, that it should be referred to the Master to take an account of what was due for interest on the said sum of £12,000 from the time the appellant Elizabeth attained the age of 21, to the death of her said brother, which happened on the 16th of July 1763, after the rate of £4 per cent. per ann.; and the Master was to compute interest on the accumulated sum of £16,560, being the said principal sum of £12,000 and the interest thereof, from the death of the said William Morgan, computed to the 16th day of January 1773, according to the order of the 14th of December 1772, after the like rate of £4 per cent. per ann. and the Master was to make a separate report of such principal and interest: and it was further ordered, that what should be found due for principal and interest, in respect of the said sum of £12,000, should be raised by the Duke of Rutland, the surviving trustee of the term of 500 years, by mortgage of the said term, pursuant to the order of the 4th of July 1772; and it was further