Page:The English Reports v1 1900.pdf/576

use of the said Thomas Vernon for life; remainder to the appellant for life; remainder to their first and other sons in tail male; remainder to their daughters in tail, as tenants in common; remainder to the right heirs of the said Thomas Vernon: he the said Thomas Vernon covenanted for himself and his heirs with Mr. Dibble, that he would, within four years after the marriage, purchase the inheritance in fee-simple of some manors and lands within fifty miles of London, or lands within the county palatine of Chester, which had formerly been in the family of the Vernons, of the clear yearly value of £350 and settle the same to the use of the said Thomas Vernon for life, sans waste; remainder to Dibble and his heirs, to preserve the contingent estates; and after his death, as to so much of the premises so to be purchased, as should be of the value of £150 per ann. to the use of the appellant for her life for her jointure, and in bar of her dower and customary part of his estate, as he was a freeman of London; and as to the residue of the premises so [269] to be purchased, to the use of Dibble, his executors and administrators for ninety-nine years, if the appellant should so long live, in trust for the appellant for her life; remainder of the whole estate to the first and other sons of the said Thomas Vernon and the appellant in tail male; remainder to the heirs male of the body of the said Thomas Vernon; remainder to the respondent George Vernon for life, sans waste; remainder to his first and other sons in tail male; remainder to the respondent Sir Charles Vernon, for his life; remainder to his first and other sons in tail male; remainder to the right heirs of the said Thomas Vernon. But the ninety-nine years term was to be void, if the appellant, when she came of age, did not settle her own lands to the above uses.

The marriage was soon afterwards solemnized, and Mr. Vernon purchased manors and lands of inheritance of a considerable yearly value at several times, and particularly an estate in the county of Chester, which had formerly been in the family, and was then about the value of £350 per ann. but he never settled these lands, or any other lands whatsoever, to the uses of the articles.

On the 26th of June 1723, the said Thomas Vernon made his will; and thereby devised all his real and personal estate to the appellant, subject to the payment of his debts, and £5000 a-piece to his three daughters, and appointed her sole executrix. On the 26th of August 1726, he died without issue male, leaving three daughters, Jane, Arabella, and Matilda; and soon afterwards the appellant proved his will, and entered upon all his real estate, of a very great yearly value, and possessed herself of his personal estate, to a considerable amount.

The respondents George and Sir Charles Vernon then applied to the appellant, and desired she would, in a reasonable time, either make a settlement of lands to the value of £350 per ann. out of those which were purchased by Mr. Vernon in his life-time, and devised to her by his will; or purchase and settle other lands of the like value, according to the articles: this she at first seemed willing to do, and accordingly her brother-in-law Mr. Hornby, by her direction, wrote a letter to the respondent George Vernon, dated the 10th of September 1726, containing this paragraph, viz. "As to the marriage-articles, she says, she was directed by Mr. Vernon to comply with them in a convenient time." And on the 2d of November following, the appellant herself wrote a letter to the respondent George Vernon,

promising to make the settlement as she knew it was first intended, and that she was taking all proper measures to do it as soon as she could; and that if there was any estate that lay near the respondent George Vernon, that she could have upon reasonable terms, she should always chuse to do what she thought to the advantage of them both.

But the appellant afterwards refusing to perform these promises, the respondents in May 1727, exhibited their bill in the Court of Chancery against her and Mr. Dibble, praying that the appellant might be decreed to settle some of the lands already purchased, of the value of £350 per ann. or to purchase other lands of that [270] value, and settle the same to such uses as were still subsisting in the marriage-articles.

To this bill the appellant put in her answer, and thereby admitted assets of her husband more than sufficient to satisfy his debts, funeral charges, and daughters portions, and the demands of the respondents, in case the Court should be of opinion that they had any right thereto; but insisted, that she should not be