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£6274 19s. and with £5000 or so much of it as the respondent Fleetwood should appoint to be raised out of the estate after his death. That at the time when this agreement was directed by the Court of Chancery to be carried into execution, it was still more for the advantage of the appellant; for, as the respondent Fleetwood was, at the time of the Master's report, seventy-one years of age, and without issue, or the probability of having any; there could be no reason to apprehend, but that the estate would soon come into possession, and greatly over-balance any money which might be advanced upon the credit of it. Nor would it make the agreement upon the whole, less reasonable in itself, or more advantageous for Mr. Fleetwood, that the appellant happened to be only tenant for life of the estate, since this was evidently intended for the purpose of preserving the estate longer in the appellant's family; and he being very young, would, according to the course of nature, probably enjoy this estate a great many years after Mr. Fleetwood's death. Besides, the appellant's father had a power of limiting the inheritance of the estate to the appellant, if he had thought proper to exercise that power.

On behalf of the respondent Beckford, it was insisted (F. Chute, W. Murray, J. Taylor), that as he had been kept out of his principal money, and without receiving any interest for near eleven years, solely upon the foot of an agreement made in the appellant's infancy, and ordered by the [308] Court of Chancery to be carried into execution for his benefit, he ought to pay this respondent his principal, interest, and costs, and stand in his place. That as between the appellant and Mr. Beckford the mortgagee, it was apprehended, that the direction of the Court of Chancery, (after the proper and usual inquiry before a Master, whether the payment of the mortgage money and interest out of an infant's personal estate, would be for his interest, and a report that it is so,) is so known a course, and so advantageous to infants in general, that mortgagees, relying on the authority of the Court in these cases, have at all times thought themselves secure, and been thereby prevailed on to forbear proceeding to foreclose, or using other methods to recover possession of the mortgaged estate; whereas, should such directions and decrees be rendered precarious, where no fraud is imputed, mortgagees would be induced to pursue legal methods, which must tend to the detriment of all minors interested in mortgaged estates. But by this intervention of the Court, such estates are preserved; and by assignment of the mortgage, the personal estate of the infant cannot receive any prejudice. It was therefore hoped, that the several orders and reports appealed from would, at least so far as they concerned the respondent Beckford, be affirmed; and that the appeal, as against him, would be dismissed with costs.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the decree, orders, and reports therein, complained of, affirmed; and it was further ordered, that there should be paid to the respondent Beckford, the sum of £30 for his costs in respect of the appeal; and that the same should be added to the principal, interest, and costs, decreed by the Court of Chancery to be paid to him. (Jour. vol. 26. p. 122.)

The appellant being seised in fee of the town and lands of Kilcoleman, and other lands in the barony of Fermoy, in the county of Cork, and intending to set the same for lives, or for years, some time in June or July 1739, published an advertisement for that purpose, and that proposals would be received by himself at Ballintober, by the Reverend Dean Meade, at Dean's Court, or by John Meade, esq. at Cork.

The respondent, in consequence of such advertisement, some time in the said