Page:The English Reports v1 1900.pdf/417

Jones and his wife took exceptions to this report; and Charles Morgan also took exceptions; first, for that the master charged him in the sum of 16,824l. 11s. 3½d. being the arrear of the annuity or rent-charge of 2000l. a-year in the pleadings mentioned, during the life-time of William Morgan, esq. the son of Lady Rachel Morgan.

[38] The exceptions taken by Charles Morgan, and also the exceptions taken by William Jones and Elizabeth his wife, came on to be argued on the 17th of January and 4th of February 1783, before the Lord Chancellor Thurlow; when the said Charles Morgan's first exception was held insufficient, and therefore over-ruled; and his second exception, and the exceptions of Jones and his wife, coming on to he argued before his Lordship on the 5th and 7th of March 1784, the first and second exceptions taken by Jones and his wife were held insufficient, and therefore over-ruled.

By an order dated the 30th of April 1783, by the Lords Commissioners for the custody of the great seal, it was stated, that the exceptions coming on the 17th of January and the 4th of February then last, to be argued before the Lord Chancellor, his Lordship held the plaintiff's said first exception to be insufficient, and the Court therefore ordered that the same should be over-ruled; and it was stated, that the plaintiff's second exception, and the defendant's exceptions to the said report, coming on to be argued before his Lordship on the 5th and 7th of March then last, his Lordship held the said exceptions to be insufficient, and the Court therefore ordered that the same should be over-ruled; and the matter of the plaintiff's second exception, and also the matter of interest and costs coming on to be argued on the said 30th of April 1783, before the Lords Commissioners, their Lordships did by consent order, that it should be referred to the master to see whether any thing and what was due in respect of the maintenance of the younger children of Sir William Morgan and Lady Rachel; and by the like consent, their Lordships reserved the consideration out of what fund and in what manner the same ought to be paid, until after the master should have made his report; and by the like consent it was further ordered, that it should be referred to the master to see what arrears of rent due and payable out of the estates chargeable with the rent-charge and maintenance, were respectively due and unreceived at the death of William Morgan; and by the like consent it was ordered, that the question how far the arrears of the rent-charge and of the maintenance (if any) ought to be paid out of the arrears of rent, should be reserved until after the master should have made his report; and the usual directions were given for the examination of the parties, and production of books, papers, and writings; and it was further ordered, that the plaintiff's second exception, and the consideration of interest and costs, should stand over until after the master should have made his report.

On the 19th of December 1783, the master made his report, in pursuance of the order of the 30th of April 1783, and thereby certified, that he had proceeded to see whether any thing and what was due in respect of the maintenance of the younger children of Sir William Morgan and the defendant Lady Rachel; and he found that the said younger children consisted of three, namely, Rachel, Edward, and Elizabeth. That Rachel and Edward were maintained by their mother Lady Rachel, from the death of [39] their father Sir William Morgan until the time of their respective deaths, and that the said Elizabeth was maintained by her said mother from the death of her father until the 8th of July 1747, when she went to live with her brother William Morgan; and the master found, that the maintenance of the said younger children, according to their respective allowances provided by their father's marriage settlement, amounted to 8276l. 16s. the particulars whereof were set forth in the first schedule to his report; but it having appeared to him from the receiver's accounts, that Lady Rachel had been paid on account of the maintenance of her eldest son William, and also on account of her younger children, the several sums set forth in the second schedule to his report, amounting together to 5411l. 6s. and it not having appeared to him how much thereof was paid on account of the maintenance of the eldest son, or how much on account of the younger children, he was unable to ascertain the amount of what was coming due in respect of the maintenance of the said younger children; and the master certified, that he had proceeded to see what arrears of rent due and payable out of the estates chargeable with the rent-charge and maintenance in the said order severally mentioned, were