Page:The English Reports v1 1900.pdf/581

personal estate of the said testator, which had come to the hands of the respondents the executors, or either of them, or of any other person by their or either of their order, or to their or either of their use respectively; in taking of which account, they were to have all just allowances, and the said Deputy Remembrancer was at liberty to state any matter relating to the said personal estate specially to the Court, if there should be occasion: and it was further ordered, that the said Court of Exchequer should give the proper directions for taking the said accounts, and payment of the said money, in pursuance of this order. (Jour. vol. 24. p. 523.)

Cornelius Clarke, esq. being seised in fee of several manors and lands in Norton and elsewhere in Derbyshire, of about £800 a year; by his will, dated the 1st of June 1694, devised the same to his nephew Robert Offley, the respondent's grandfather for life; remainder to Robert, his eldest son, for life, and to his first and other sons in tail male; remainder to Stephen, his second son, the respondent's father for life; remainder to his first and other sons in tail male; remainder to the third and other sons of the said Robert Offley, the nephew, in tail male; remainder to the testator's right heirs; with power for the said Robert Offley, the younger, and Stephen, as the premises should respectively come to them, by writing under their hands and seals, to appoint any part thereof, not exceeding a moiety, as a jointure for any wife for her life.

The testator died, without revoking or altering his will, and soon afterwards Robert Offley, the son, died without issue.

Robert the nephew, being in possession, a treaty of marriage was proposed between the said Stephen (then his eldest son,) and Urith, the respondent's late mother, one of the four daughters and co-heirs of Samuel Smith, esq. whose fortune was £8000 whereof about £300 a year was in land: and in consequence of this treaty, by indenture tripartite of the 17th of May 1700, between the said Robert and Stephen Offley of the first part, William Manning, guardian of the said Urith, of the second part, and the said Urith of the third part, in consideration of the intended marriage, and of the said Urith's fortune, it was agreed that her real estate, when she came of age, should be conveyed to the said Stephen Offley and his heirs, subject to such charges, and upon such conditions as therein mentioned. And the said Robert Offley, in consideration thereof, and of the marriage, covenanted for himself and his heirs with Manning, that he would, within one year after the marriage, secure to Stephen and Urith £250 a year for their maintenance, during the said Robert's life; and also settle upon them, for their lives, one moiety of Cornelius Clarke's estate of near £400 a year, to take effect upon his death, which moiety should be in full of Urith's dower; and that the same should be settled on all the sons of Stephen and Urith successively in tail male. And it was agreed between all the parties, that the other moiety of Clarke's estate should also be settled, after the death of Robert Offley and of Clarke's widow, upon the said Stephen for life, and to his several sons in tail male successively. And that in such conveyances there should be trustees to preserve remainders, as counsel should advise, and a power, as should be likewise advised, [277] for raising £4000 out of Urith's real estate, for the younger childrens portions, and for raising £200 yearly for their maintenance in the mean time. Provided, that if Urith, when of age, should refuse to convey her real estate to Stephen and his heirs, (subject to the charges aforesaid,) then the limitations to her for her jointure should cease. And it was further agreed, that all such other clauses, provisoes, and agreements, as counsel should