Page:The English Reports v1 1900.pdf/1464

her, to the appellants; and the costs of the suit below and of this appeal, other than as before was particularly directed, should be paid and deducted out of the said testator's estates, so to be accounted for. (Jour. vol. 20, p. 232.)

William Lawrence, Esq, being seised in fee of an estate in the county of Gloucester, of about £550 per ann. made his will, dated the 30th of April 1697; and thereby devised the manor of Little Sherrington, and the mansion-house wherein he lived, and other lands of the value of £130 per ann. to the respondent his wife, (who had formerly been his servant,) during her widowhood; and, after the determination of that estate, he devised the same premises, together with the manor of Oldswell, and all other his lands, to trustees, for a term of 24 years, to commence immediately after his decease, upon the trusts after-mentioned; remainder to his first and other sons in tail male; remainder to his godson William Lawrence for 99 years, if he should so long live; remainder to trustees, to preserve the contingent uses; remainder to the first and every other son of the said William Lawrence, in tail male; with like remainders to Anthony Lawrence, and his issue male; remainder to the appellant for 99 years, if he should so long live; with other remainders over. The trust of the 24 years term was declared to be for the payment of the testator's debts and legacies; and, as a further provision for his wife, he directed, that after two years of the term were expired, his trustees should permit her to receive the rents and profits of a farm called Brevitts, of £60 per ann.; and, after five years of the term were elapsed, then they were to permit his said wife to receive the rents and profits of another farm, called Crepitts, of £90 per ann. for the remainder of the said terin of 24 years, so long as she should continue a widow. The testator then gave her several pecuniary and specific legacies, and appointed her sole executrix of his will.

On the 29th of August 1697, the testator died without issue, being indebted on mortgages and bonds to the amount of £2140; and, by simple contract, in £600 and upwards. The respondent proved the will, possessed the personal estate, and entered on the lands devised to her, which were of greater value than the thirds of the testator's whole estate.

But in Trinity terra 1698, she brought her writ of dower in the court of Common Pleas against the trustees, for a third part of the lands not devised to her; to which writ the trustees pleaded the devise in the testator's will, and averred, that the same was for her jointure; but, upon a demurrer to this plea, judgment was given for the demandant, and her dower was afterwards set out, amounting to £86 per ann.

[484] Hereupon William Lawrence, the first remainder-man, exhibited his bill in Chancery by his prochein amy, against the respondent and the trustees, to be relieved against the said judgment in dower, and to have an execution of the trusts of the testator's will, and a proper direction for the payment of his debts.

On the 21st of November 1699, the cause was heard before the Lord Chancellor Somers, who decreed a perpetual injunction against the defendant Dulcibella, to stay her further proceedings upon the judgment in dower, and directed the trustees to account for the rents and profits of the trust-estate; and it was referred to a Master, to state the claims of the several creditors and legatees; but his Lordship reserved any directions how the debts and legacies should be paid, and also how the defendant Dulcibella should be satisfied her demands, from the respective expirations of the two years, and