Page:The English Reports v1 1900.pdf/284

The appellants stated, that Daniel Collingwood, being seised of the Manors of Branton, Brandon, and Revely, in the County of Northumberland, charged with 30l. per annum to Lady Collingwood for life, and 5l. per annum to Mr. Collingwood for life, he, 25th June, 1673, settled them upon himself in tail-male, and after on his brother George in like manner, and charged them with 1400l. for his sisters, Margaret, the appellant, and Mary's portions: And if his said brother died without issue male, with 1100l. more to augment their portions: And that Daniel was also possessed of the Holly Island, worth 80l. per annum, under a lease from the Crown for thirty-one years, to commence from the 25th March, 1672, and died intestate without issue; and that thereupon his brother George, being his heir and administrator, entered into and enjoyed all the premisses, and sold the manor of Brandon to Mr. Aldgood, and the manor of Revely to Mr. Banner: And afterwards, 17th February, 1689, to secure the lands so sold from incumbrances, and the payment of his sisters portions, as to the 1400l. only, with interest, by bargain and sale enrolled, conveyed the said manor of Branton to trustees for these purposes, and after in trust for himself and his heirs; and again, 4th August, 1691, by other, deeds, charged the manor of Branton with the payment of several sums with interest, unto Aldgood and Banner, amounting in all to 187l. 10s. and, 7th of June, 1689, made his last will, and charged his estate with the payment of all his just debts, and devised the said manor of Branton to his said sisters Margaret and Mary in fee, they paying unto respondents Mary, the mother, 20l. yearly for life, and to Mary the daughter 30l. yearly for her education, till marriage or full age, and then 1000l. if she married one of bis name and kindred, and gave the said lease of the Holly Island to his brother, Colonel Collingwood's eldest son, he paying yearly out of it 5l. to Mr. Humes, and made [242] his sisters executors, and, 12th November, 1691, died without issue; whereby his sisters additional portions of 1100l. became payable: And that Mary the sister died intestate about six months after, and thereby appellant Margaret, being her heir and administratrix, became intitled to her portion; and that respondent, Mary the mother, (who, appellants shewed, had been servant to George, and had lived scandalously with him) and the other respondent, exhibited their bill in the Exchequer against appellants, and some others of the testator's creditors, to enforce the payment of their yearly legacies of 20l. and 30l. and the arrears thereof, and to secure the 1000l. portion: And that appellants in their answer insisted, that the testator's said real estate ought to be applied to satisfy the debts and incumbrances wherewith it was charged in priority, together with all other testator's just debts, which amounted to above 500l. before respondents were let in for their legacies: And that the cause was heard 12th June, 1700, and appellants decreed to account with the respondents for testator's personal, and the profits of his real estate, and to pay the respondents 50l. or quit the possession to respondents, and that an account should be taken of the incumbrances, and of testator's debts: And that the Deputy Remembrancer, 7th July, 1701, reported, that the testator left no personal estate, save the lease of the island, worth 80l. and reported that appellants had received that, and the profits of the manor of Branton, 160l. per annum, from testator's death to 12th May, 1701, nine years and an half, and that, independent of the incumbrances on the estate and testator's debts, there remained in appellants hands 845l. 13s. 4d. and that there was due to respondents for arrears of their legacies 475l. and 121l. 10s. for interest, whereof appellants had paid 50l. in obedience to the decree; so that there rested only due to respondents 546l. 10s. which when paid would still leave in appellants hands 299l. 3s. 4d. towards payment of the debts and incumbrances, and that the manor of Branton was worth, to be sold, 3200l. and the Holly Island 480l. and that the Court, 27th October, and 10th November, 1701, confirmed the report as to all, save the 121l. 10s. interest; and decreed payment accordingly to respondents, and that appellants should in future pay respondents yearly the 20l. and 30l. legacies, out of the profits of the said estate, according to the will, and 100l. costs of suit;