Page:The English Reports v1 1900.pdf/1477

affirmative; whereupon the following order and judgment was made, viz.

It is ordered and adjudged, that so much of the said decree, whereby an account is directed to be taken of the personal estate of the intestate Sir Thomas Drury, come to the hands of the respondent, or to the hands of any other person for her use, and also of his debts and funeral expences, which are to be paid out of his personal estate in a course of administration, be, and the same is hereby affirmed; and that the residue of the said decree be, and [503] the same is hereby reversed. And it is hereby declared, that the respondent is bound by the agreement entered into in consideration of, and previous to her marriage with the said Sir Thomas Drury, and that the same ought to be performed and carried into execution; and that the respondent is thereby barred of her dower, and of any share of the said Sir Thomas Drury's personal estate, under the statute for the distribution of intestate's estates. And it is hereby further ordered and adjudged, that it be referred to the Master to whom this cause stands referred, to see a sufficient part of the said Sir Thomas Drury's personal estate set apart, and invested in trustees, to be approved of by the said Master, upon trust to secure and satisfy to the respondent, an annuity or yearly rent-charge of £600 per ann. clear of all taxes and deductions whatsoever, during her life, for and in the name of her jointure, and in full satisfaction and bar of her dower, or of any share or distributary part of the said intestate's personal estate, according to the said agreement, and to be paid to her half yearly; and that the same be answered and paid to her accordingly (without prejudice to any agreement which may have been entered into between the respondent and the appellants the Earl and Countess of Buckinghamshire, to charge one half of the said annuity upon the real estate of the said Sir Thomas Drury, and to discharge their moiety of the personal estate therefrom); and that the surplus of the income or produce of such part of the said personal estate as shall be so set apart, be divided and applied in such manner as the clear residue of the said personal estate is herein-after directed to be divided and applied; and that the said Master do take an account of what is or shall become due to the respondent for the arrears of her said annuity of £600 per ann. from the intestate's death, to the time that a sufficient part of the said personal estate shall be set apart and invested in trustees as aforesaid, and that the same be paid to her, or allowed to her in the account directed by the said decree: and that after the appellant Jocosa Catherina Drury shall have attained her age of 21 years, the respondent be at liberty to apply to the said Court of Chancery, to have her said annuity charged upon and secured by and out of the real estate of the said Sir Thomas Drury, or such part thereof as shall not have been before charged upon the said real estate, if she shall think fit; and in that case, or in the case of her death, that so much of his personal estate as shall be so set apart as aforesaid be (after all arrears thereof satisfied) discharged therefrom, and applied and disposed of as the clear residue of the said intestate's personal estate is to be applied and disposed off: and that the said Master do enquire what jewels or other things the respondent is entitled to for her paraphernalia, and that the same be retained by, or delivered to her; and that the clear surplus of the said intestate's personal estate, after payment of his [504] debts and funeral expences, and what shall be so set apart as aforesaid, be divided into moieties, whereof one moiety is declared to belong to the appellants the Earl and Countess of Buckinghamshire, in right of the said Countess, subject to such agreements as were entered into between them upon and in consideration of the marriage; and the other moisty to belong to the appellant Jocosa Catherina Drury, pursuant to the before-mentioned agreement entered into on Sir Thomas Drury's marriage; and that the appellants the Earl and Countess of Buckinghamshire be at liberty to apply to the said Court of Chancery for directions, touching the payment and disposition of their moiety of the said clear surplus, and the income and produce thereof, as they shall be advised; and that the said Master do enquire what is proper to be allowed for the maintenance and education of the appellant the Countess of Buckinghamshire, from her said father's death, till her attaining her age of 21 years, and for the maintenance and education of the appellant Jocosa Catherina Drury, from her said father's death, for the time past and to come, till she shall attain her age of 21 years, or be married, and state the same to the said court; and that what shall be so allowed for the time past, be paid or allowed to such person as bath maintained them respectively, and for the time to come to the person by whom the appellant Jocosa Catherina shall be