Page:The English Reports v1 1900.pdf/354

life, and afterwards for Edward); subject to 100l. per ann. to Gamaliel's wife for a jointure: And that the marriage took effect 19th May, 1681, and 600l. part of the portion, was paid to Gamaliel, according to the articles; but he dying suddenly in August following, the residue of the portion was paid to Edward, who enjoyed the whole estate from his father's death until his own; and, 14th May, 1683, made a settlement of the whole estate, and of other lauds of his own purchase, to the use of himself for [386] life, remainder to the heirs male of Edward and Alice, remainder to his right heirs; and to the further use and intent that Alice, if she survived Edward, might receive 300l. per annum out of the rents and profits for her jointure, Margaret, his mother, 100l. per ann. according to the articles made on Edward's marriage, with provision for raising daughters portions; and that Edward had borrowed great sums of money, which he laid out in paying his father's debts, his sisters portions, and improving the lands; and having three daughters, Catherine, Margaret, and Anne, he, 10th April, 1685, by his last will (all of his own handwriting) directed that all his debts should be paid; and then devised his estate of Bilbo to his mother Margaret, for her life, in lieu of her jointure; and that his wife Alice should receive out of his whole estate (his mother's jointure excepted) 300l. per annum, to be paid her by his executors half-yearly, pursuant to a deed of intermarriage; and then devised in these words:

(Viz.) inter alia, the lands of Bilbo and Colenemony, (now in question) and other lands, to Catherine and her heirs male for ever; the lands of Cullin to Margaret and her heirs; and Emly to Anne, (who died an infant); and made Sir Thomas Osborne, James Harrison, Esq. and said Alice, his executors, and died 17th June, 1685, indebted near 4000l. and John, his brother, died a month after him; and this being proved, his executors entered, and paid some debts; but the wars soon after destroyed the greatest part of the estate; and that respondents intermarried, 28th April, 1698; and respondent Story, in consideration of the devise in Edward's will to Catherine, made a settlement on her and their issue; and, 16th December, 1698, by authority from the executors of Edward, entered upon the whole estate, received the rents, paid the 300l. per annum jointure to Alice, (Margaret, Gamaliel's widow, being dead,) paid several of Edward's debts, and was then engaged to pay near 1200l. [387] more of those debts; laid out near 1500l. in rebuilding the houses burnt in the war, and improving Bilbo, so devised to his wife, and granted long leases thereof, on which the tenants had also improved, and paid also near 800l. arrears of rent due out of the lands of Cullin, held of the Earl of Thomond at 200l. per annum; and shewed further, that upon appellants intermarriage, appellant, Ralph's father, satisfied of respondents title to the lands in question, by articles, 9th September, 1702, agreed with respondent Story, that appellant Margaret's estate should be subject to her father's debts, in proportion to what she and her sister the respondent had from their father, and also to her mother's jointure; but that appellants not regarding those articles, made several forcible entries, and denied to pay any part of Edward's debts; and that to prevent this, and to quiet possession, respondents, 15th February, 1702, and 5th May, 1703, exhibited two bills, one in their own names, and the other in the names of them and the executors of Edward, to which appellants did not put in any answers; but, in trinity term, 1703, brought an ejectment for a moiety of Bilbo and Colenemony, as niece and co-heir to John, and obtained a verdict, in regard the respondent's title was only in equity; and that thereupon respondents, 7th October, 1703, filed their present bill, to be relieved upon the marriage-articles and will of Edward; and that appellants, to avoid the articles and will, would insinuate that Edward the father deceived his brother by a false will; and that Alice the mother, Sir Thomas Osborne the grandfather, and James Harrison, the executors, set up the articles and will of Edward, which were not real; and that though respondents had proved them, yet they ought not to be believed; because it will be more for appellant's advantage to claim as niece and co-heir to John, than to Edward the father; and so disappoint