Page:The English Reports v1 1900.pdf/535

be by them placed out at interest, until a convenient purchase could be found out; and the interest and proceed thereof until such purchase made, should go and be paid to such person and persons as should from time to time be entitled to the rents and profits of the said manors of Abbotts Kensington and Earl's Court Kensington.

The marriage took effect, and some time afterwards Earl Edward died, leaving Edward Henry, Earl of Warwick and Holland, his only issue by the appellant the Countess; and there being no younger child or daughters of the marriage, the said terms of 500 years and 1000 years became void.

After the death of Earl Edward, the said Earl Edward Henry entered upon and became seised of the said manors of Abbotts Kensington and Earl's Court Kensington in tail male, with the reversion to himself in fee. The said £10,000 with £2000 arrears of interest was, in the life-time of Earl Edward the father, paid in to the trustees, who (no purchase offering) laid out the same on a mortgage, whereon the same still continued.

The said Earl Edward Henry afterwards, in Trinity term 1719, levied a fine of the said manors of Abbotts Kensington and Earl's Court Kensington; and by indenture, dated the 23d of May 1719, declared the use thereof to himself and his heirs.

The appellant, the Countess, afterwards intermarried with the Right Honourable Joseph Addison, esq. who some time afterwards [209] died, leaving issue by her the other appellant Charlotte, bis daughter and only child.

On the 18th of August 1720, Earl Edward Henry died intestate, unmarried, and without issue; whereupon the said manors of Abbotts Kensington and Earl's Court Kensington descended in fee-simple to the respondent, the Lady Elizabeth Edwards, as aunt and heir of the said Earl Edward Henry; and the appellant the Countess having taken out letters of administration to her said son Earl Edward Henry, and having also in her custody the said deed of settlement, the respondents brought their bill in the Court of Chancery against the appellants, the Countess and her daughter, and also against the surviving trustees, Lord Cholmondeley and Lord Newburgh, in order to compel the laying out the said £10,000 as soon as might be, in the purchase of lands in fee-simple, to be settled and conveyed to the use of the said Lady Elizabeth Edwards and her heirs; as she was the right heir of her nephew the said Earl Edward Henry, and of her brother the late Earl Edward; and that the securities for the said £10,000 and the deeds and writings relating to the same, might be brought before one of the Masters of the said court; and for the recovery of such part of the interest of the said £10,000 as had incurred since the death of the said Earl Edward Henry.

To this bill the appellants, and the surviving trustees having put in their answers, the appellants brought their cross bill against the respondents and the said trustees, praying, among other things, that the £10,000 and interest might be raised and paid to the appellants; to which cross bill the respondents having put in their answers, both causes were heard on the 16th of July 1723, before the Lord Chancellor Macclesfield, who was pleased to declare, that it plainly appeared by the settlement of January 1696, that the said sum of £10,000 was vested in the defendants, the Earl of Cholmondeley and Lord Newburgh, upon trust, that they should, with all convenient speed, lay out the same in a purchase of lands, to be settled to the same uses and limitations as the manors of Abbotts Kensington and Earl's Court Kensington were thereby settled, and that there had been nothing since done to alter the said trusts; and did therefore order and decree, that the trust should be performed, and that the said sum of £10,000 when a convenient purchase of lands could be found out, should be invested therein accordingly, and settled to the use of the right heirs of the said Earl Edward Henry. And the said £10,000 being then placed out at interest, it was further ordered and decreed, that the securities for the same, and the deeds and writings relating thereto, should be brought before Mr. Edwards, one of the Masters of the said Court; and it was thereby referred to the said Master, to take an account of the interest of the said £10,000 which accrued due in the life-time of the said Edward Henry, Earl of Warwick and Holland, and also of the interest of such interest, and of what interest of the said £10,000 had accrued due since the death of the said Earl; and that what interest of the said £10,000 should appear to have accrued due in the life-