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Barbara Chetwynd, William Chetwynd, William Clayton, Thomas Beckford, and Edward Lane, and the said John Wightwick, and Bannister Parker, since deceased, praying, that either the said £5000 and the interest thereof, might be paid out of the real and personal assets of the said Walter Chetwynd, deceased, or by the appellant, or out of his estate, and that the respondent Fleetwood might be indemnified against the same; and that in such case, the respondent Beckford might join with the respondent Fleetwood in an assignment of the said mortgage, for securing the monies which should be so advanced, in such manner as the Court should direct: or otherwise, that on the respondent Fleetwood's payment of the said £1000 and £274 19s. and such other sums as the said Walter Chetwynd had paid for the interest of the said £5000, with interest for the same from the respective times of payment thereof, and on the said respondent Fleetwood's reconveying the said farm and lands at Grendon; that the said indentures of the 1st and 2d of June 1725, might be delivered up, and the several estates therein contained sufficiently reconveyed to the respondent Fleetwood, or as he should direct.

To this bill the several defendants appeared and put in their answers; and the appellant and his brother and sister, then infants, by their answer said, they did not know whether it was for their benefit that the agreement made between the respondent Fleetwood and the said Walter Chetwynd, deceased, should be performed; or whether it was for their benefit that the said £5000 and interest due to the respondent Beckford, should be paid out of the real estate of the appellant, or out of the rents thereof.

Issue being joined, and witnesses examined and publication passed, the cause came on to be heard on the 3d of November 1735, before the Lord Chancellor Talbot, when it was ordered, that it should be referred to the Master to inquire whether it would be for the appellant's benefit, that what was due to the respondent Beckford, for principal and interest on his mortgage, should be paid out of the appellant's personal estate, in case the same was sufficient for that purpose; and that thereupon the mortgage should be assigned in trust for the appellant, but so as not to affect the estate for life of the respondent Fleetwood; and in case the appellant's personal estate should not be sufficient for that purpose, then the Master was to inquire whether it would be for the appellant's benefit, that the arrears and growing interest of the said mortgage, during the respondent Fleetwood's life, should be paid out of the appellant's personal estate; and that what should be so advanced by him, should be charged on that part of the estate, which by the deeds of the 1st and 2d of June 1725, was vested in trustees to be sold, after the respondent Fleetwood's death, to be [304] repaid with interest from the time when the same should be so advanced; and the consideration of all further directions was reserved, till after the Master should have made his report.

In pursuance of this order the Master made his report, dated the 15th of November 1736, and thereby stated the said indentures of the 1st, 2d, and 3d of June 1725, and certified, that he did not find the said Walter Chetwynd left any personal assets to make good his covenant in the indenture of the 3d of June 1725; and that the messuage and premises at Grendon, was subject to several incumbrances, whereby it was apprehended, that the said security would be of little or no value. That the respondent Fleetwood was then of about the age of seventy-one, and Sarah his wife of about the age of forty-three; and that they had not any issue living, nor had any for upwards of twenty-one years past; and that the estates of the said respondent Fleetwood were £1180 a year value, besides fines payable on the renewal of leases; and that the same were then worth to be sold upwards of £30,000, and that the appellant was then about the age of sixteen years, and was from the death of his father entitled to a real estate in possession, of the clear yearly value of £2640 and upwards, subject to the raising of £8000 for the portions of the respondents William Henry Chetwynd and Barbara Blacknell, and interest; and that there had been then already saved out of his said estate, about £3000 then in the hands of the Accomptant-general, besides a considerable sum in the hands of the receiver not accounted for; and as the respondent Fleetwood was so far advanced in years, and had not, nor was there any probability of his having issue; and that as whatever should be paid out of the appellant's estate for the said £5000 and interest, would be secured to the appellant, with interest from the times of payment, by the assignment of the mortgage, and by the pre-