Page:The English Reports v1 1900.pdf/758
therein mentioned to be stated on the 2d of January 1727; and also for the payment of the debts due from the bankrupt to 263 persons, in a schedule thereunto annexed named; (several of which pretended debts were not specified by any sum, the provision being in general terms for payment of what was due to them;) the bankrupt not only charged the premises before conveyed to Kidgell and Oulson with the said pretended debts; but also, the better to enable them to pay the same, assigned several judgments and mortgages, to the amount of £29,718 and also three college leases; with a proviso, that it should be lawful for the bankrupt to give his advice and assistance in settling and adjusting the said pretended debts, and the trustees were to pay according to such adjustments, provided the same appeared to be for the good of the estates.
By other indentures of lease and release of the 7th and 8th of January 1725, in consideration of £300 therein mentioned to be paid the bankrupt by the respondent Knox Ward, he conveyed to him Turner's-hall and five houses in Philpot-lane, part of the premises, which he afterwards conveyed to trustees by the deeds of the 2d and 3d of May 1726, before stated. And by another deed, dated the 7th of March 1729, in consideration of £1200 therein mentioned to be paid to him by the respondent Knox Ward, he assigned even all his household goods to the said respondent.—By another deed, dated the 20th of December 1729, in consideration of £200 therein mentioned to be paid to him by the respondent Knox Ward, the bankrupt assigned to him several leases of four houses in Kirby-street, and four houses in Cross-street, Hatton-garden, in the county of Middlesex, with a piece of ground thereunto adjoining; and with liberty of renewal, as therein is mentioned. And by a deed poll, dated the 10th of November 1730, the bankrupt, in consideration of £50 therein mentioned to be paid him by the respondent Knox Ward, he assigned to the said respondent, a debt due to him from one Abraham Cropp.
None of these several sums were paid by the respondent Knox Ward, he, at that time, having no money of his own, and being maintained by his father; nor were the sums in the said respective deeds mentioned, a valuable consideration for the premises thereby assigned and conveyed. But the more effectually to cover and secrete the bankrupt's effects from his creditors, he and his said son, without any real or valuable consideration, prevailed on the respondents Jones and Pyle, and the said Kidgell and Oulson, to convey and assign to the respondent Knox Ward, several of the estates, debts, and effects, so conveyed and assigned to them by the bankrupt as aforesaid.
And by indenture, dated the 12th of June 1729, the respondent Knox Ward declared, that all accounts between him and the trustees relating to the trusts before-mentioned were settled and ad-[539]-justed; and for the more speedy payment of the trust debts then remaining unsatisfied, he thereby impowered the said trustees, out of the residue of the premises comprised in the deeds of the 25th and 26th of August, and 3d and 4th of December 1725, to raise money and pay the debts mentioned in the deed of the 2d of March 1727: and reciting, that Knox Ward, by an account stated between him and the respondent Ralph Ward, was indebted to the said Ralph Ward in the sum of £3239 1s. 5¼d. he subjected the premises in the said several deeds of trust to the payment thereof.
By indenture quinquepartite, dated the 13th of June 1729, made between the respondent Knox Ward of the first part, the said John Ward of the second part, the respondents Jones and Pyle, and the said Kidgell and Oulson of the third part, the respondents Thomas Nettleton and Elizabeth his daughter of the fourth part, and the respondents James Lamborne and George Wallis of the fifth part; reciting the before-mentioned deeds of trust, and that a marriage was then intended to be had between the said Knox Ward and the said Elizabeth Nettleton; in consideration thereof, and of £400 therein mentioned to be paid by the said Thomas Nettleton to the said Knox Ward, as a marriage portion with his said daughter; the said Knox Ward covenanted and agreed with the said Thomas Nettleton, that the residue of the trust premises, not before disposed of by the said trustees, should, after payment of the debts with which they were charged by the aforesaid deeds of trust, stand charged with the several yearly sums following, viz. £400 a year to the said bankrupt during his life, if he personally demanded the same, but not otherwise; and after his death, the like sum of £400 a year to Rebecca his wife for life,
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