Page:The English Reports v1 1900.pdf/1422

Catherine, upon trust, to support and preserve the contingent uses and estates hereinafter limited therein from being defeated or destroyed, and for that purpose to make entries, and bring actions, as the case shall require; but nevertheless to permit and suffer the said Catherine and her assigns, during her life, to receive and take the rents, issues, and profits, to and for her and their own use and benefit; and from and after her decease, then to the use and behoof of the heirs of the body of her the said Catherine, lawfully issuing; and for want of such issue, then to the use and behoof of my own right heirs for ever. And as to, for, and concerning the said farm called the Dairy farm, the said farm called Church-house farm, and the said other farm in Bromley and Little Bentley aforesaid, and all the said rest and residue of my manors, messuages, lands, and tenements whatsoever, subject to, and charged and chargeable nevertheless with the payment of the several annuities herein-after mentioned and directed to be paid thereout, to the use and behoof of my said dear sister Catherine Jolland, and her assigns, for and during the term of her natural life; and from and after the determination of that estate, to the use of the said William Arnold and Isaac Pennington, and their heirs, during the life of the said Catherine, upon trust to support and preserve the contingent uses and estates herein after limited therein, from being defeated [418] and destroyed, and for that purpose to make entries and bring actions, as the case shall require; but, nevertheless, to permit and suffer the said Catherine, and her assigns, during her life, to receive and take the rents, issues, and profits thereof, to her, and their own use and benefit; and from and after her decease, then to the use and behoof of the said William Arnold and Isaac Pennington, their executors, administrators, and assigns, for the term of 1000 years, from thence next ensuing, and fully to be completed and ended, without impeachment of waste, upon such trusts nevertheless as shall be hereafter declared of and concerning the same; and from and after the end, expiration, or other determination of the said term, then to the use and behoof of the heirs of the body of her the said Catherine Jolland, lawfully issuing; and for want of such issue, to the use and behoof of my sail sister Elizabeth Belchier, and her assigns, for and during the term of her natural life; and from and after the determination of that estate, to the use of the said William Arnold and Isaac Pennington, and their heirs, during the life of the said Elizabeth, upon trust, to support and preserve the contingent uses and estates herein-after limited therein, from being defeated or destroyed, and for that purpose to make entries and bring actions, as the case shall require; but nevertheless, to permit and suffer the said Elizabeth, and her assigns, during her life, to receive and take the rents, issues, and profits thereof, to and for her and their own use and benefit; and from and after her decease, then to the use and behoof of the heirs of the body of her the said Elizabeth, lawfully issuing, and for want of such issue, then to the use and behoof of my own right heirs for ever.

The testatrix died on the 11th of May 1776, without issue, and without having revoked or altered her will.

Elizabeth Belchier, the testatrix's sister, died in the testatrix's life-time, viz. on the 25th of September 1775, leaving issue one daughter only, Catherine Belchier, who was a defendant in the cause, and an infant.

The respondent Catherine Hodgson, after the death of the testatrix, was advised to and did make a demise of the above estates for ninety-nine years in trust for herself and then by indentures of lease and release, bearing date the 3d and 4th of May 1777, conveyed the devised estates to Samuel Archer Hussey, and his heirs, to the intent to make him tenant to the freehold for the purpose of suffering a recovery, and vesting the same estates in herself in fee-simple.

In Trinity term 1777, such common recovery was duly suffered, wherein William Croke was demandant; Samuel Archer Hussey, tenant, and the respondent Catherine Hodgson, then Catherine Jolland, vouchee.

Catherine Jolland afterwards intermarried with Robert Hodgson; and in June 1778, agreed with the appellant to sell him the said manor and farm of Hamstalls, in the parish of Wix, for the sum [419] of £9000, and all the parties entered into a contract in writing, bearing date the 1st of July 1778, for the sale of the same, under a good title, to the appellant.

In Michaelmas term 1778, the respondents brought their bill in Chancery against the appellant, and also against the said Catherine Belchier, the infant daughter of