Page:The English Reports v1 1900.pdf/1391

accounts of the testator's personal estate, and to order that the capital thereof, and the interest and profits down to the death of John Lanove, should be paid or transferred to the accountant general, and continued or placed out at interest in his name, in trust in the cause; and the interest and income of the real and personal estate accrued since the death of John Lanove, and the future interest and income which should accrue during her life, were ordered to be paid to the then plaintiff Mrs. Lanove, and after her decease, any of the parties, or any other person who might be interested in any part of the testator's personal or real estate, according to the contingencies in the will, were to be at liberty to apply to the court concerning the same, as they should be advised, and all further directions were reserved.

The accounts were accordingly taken, and the clear residue of the testator's personal estate, and the interest and profits thereof to the death of Mr. Lanove, were transferred into the accountant general's name, and invested in £2049 2s. 9d, three per cent. consolidated Bank annuities, £3058 5s. 8d. three per cent. Bank annuities of the year 1726, and in three several Exchequer orders, amounting to £75 per annum.

Mrs. Lanove died on the 29th of December 1772, having received the interest, income, and profits, of the clear residue of the testator's personal and real estates which accrued due in her life-time.

In Hilary term 1773, the respondents exhibited their supplemental bill against the appellant, stating the former proceedings, and the death of Mrs. Lanove, having made her will, and appointed the respondents, Isaac John Barnouin, and John Brisault, who died in her life-time, executors thereof; and that Mrs. [369] Thicknesse, the appellant's late wife, was six years of age at the time her grandfather made his will, and that he well knew at the time he made his will and codicil, that his daughter Mrs. Lanove had a daughter living, namely, the said Mary Ann Elizabeth, who afterwards married the appellant, and that he was one of the godfathers to his said granddaughter in baptism; and therefore this bill prayed, that the rights and interest of the plaintiffs and the other parties might be established and determined by the court, and that they might have the benefit of the former suit and proceedings.

The appellant, by his answer to this supplemental bill, admitted, that at the time the testator made his will and codicil, the said Mary Ann Elizabeth Lanove his daughter had a daughter named Mary Ann Elizabeth then living, an infant of tender years, who afterwards became the wife of the appellant, and having attained the age of 24, died; and stated, that he had obtained administration to her, and the three children who survived her, and that in one or other of those rights he claimed to be entitled to the whole residue of the testator's real and personal estate.

The cause came on to be heard on the 11th and 12th of March 1774, before the Lord Chancellor Bathurst; and on the 21st of that month his Lordship was pleased to declare, that on the true construction of the testator's will, the devise over had taken effect, and ordered the three Exchequer orders remaining in the Bank, on the credit of the cause Lanove against Gobbe, to be delivered out to Mr. John Henley, and sold with the privity of the accountant general, and assigned by him to the respective purchasers thereof, and the money arising from such sale to be paid into the Bank, to be placed to the account of the cause; and that one fourth part of the £2049 2s. 9d. three per cent. consolidated Bank annuities, and £3058 5s. 8d. three per cent. Bank annuities of the year 1726, standing in the name of the accountant general, in trust in the said cause, and of the interest accrued thereon since the death of Mary Ann Elizabeth Lanove, and to accrue thereon until the transfer, and of the money to be raised by sale of the said Exchequer annuities, and the payments accrued thereon during the same period, and to accrue thereon until the sale, should be transferred and paid to the respondent Peter Liege and one other fourth part thereof to the respondents William Jousselin and John Jousselin, in equal moieties; and declared, that the respondents Daniel Pomarede, and Mary Armengau, with the respondents, Samuel Pritchard, and Ann his wife, Jacob Lacam, and Harriet his wife, in right of their respective wives, were entitled to one other fourth part thereof in equal shares; and ordered, that one fourth part of such fourth part should be transferred and paid to the respondent Daniel Pomarede, and one other fourth part of such fourth part to the respondent Mary Armengau; but before the transfer and payment of the remaining two-fourths of such fourth part, be-[370]-longing to the respondents Samuel Pritchard and Ann his wife, and Jacob Lacam and Harriet his wife, in right of their wives, the said respondents, the husbands, should respectively