Page:The English Reports v1 1900.pdf/762

the issue was tried, that no evidence was given on the said trial, of any act of bankruptcy committed by the said John Ward, on or before the 26th day of August 1725, besides the making and executing of the indentures of the 25th and 26th of August 1725; and that the making and executing of the said indentures was the ground on which the jury found their verdict. His Lordship therefore declared (Viner, vol. 7. p. 119. ca. 2. by the name of Read v. Ward), that the said indentures of the 25th and 26th of August 1725, and all the conveyances, assignments, and other deeds subsequent thereto, sought by the plaintiff's bill to be set aside, and insisted on by the defendants Knox Ward and his wife, in their plea, (except the marriage articles of the 13th of June 1729, and the other indenture of the same date,) were executed by the said John Ward, without any real and valuable consideration, and were deceitfully contrived, with intent to defraud the just creditors of the said John Ward of their debts; and also, that the said marriage articles of the 13th of June 1729, and the said other indenture of the same date, were fraudulently con-[544]-trived with the like intent, and ought to be deemed void as against the said creditors; except as to the jointure of £400 per ann. thereby agreed to be settled on the defendant Elizabeth, the wife of the defendant Knox Ward; and the £6000 thereby provided for portions for the children of the marriage; and such provision of maintenance as was thereby agreed on for such children, not exceeding the interest of the said portions: and therefore it was ordered and decreed, that all the said conveyances, assignments, and other deeds, except the said marriage articles, and indenture of the 13th of June 1729, should be set aside in respect of the plaintiff, and the other creditors of the said John Ward; and that the defendants, the trustees named in the said deeds, or any of them, and the defendants Knox Ward and Ralph Ward, should, by proper conveyances and assurances, at the expence of the defendant Knox Ward, convey and assign to the plaintiff, the surviving assignee under the said commission of bankruptcy against the said John Ward, his heirs, executors, and administrators, respectively, all the manors, messuages, and lands, and all the goods, chattels, and debts remaining in specie, or unreceived; and all other the premises comprised or mentioned in the said several conveyances, assignments, and deeds, or any of them, in trust and for the benefit of the creditors of the said John Ward, who has sought, or should seek relief under the said commission; and to be distributed and disposed of according to the statutes made concerning bankrupts, free from all incumbrances done by them or any of them, except the said jointure of £400 per ann. and the portions and maintenances aforesaid; and all proper parties were to join in such conveyances and assurances as the Master should direct; and it was further ordered, that all deeds and writings relating to any of the said premises, in the custody or power of any of the defendants, should be produced before the Master upon oath; and that all the said deeds and writings, except the said marriage articles and indenture of the 13th of June 1729, should be delivered to the plaintiff. And it was further ordered and decreed, that such of the defendants as were possessed of any part of the real or leasehold estate of the said John Ward, the bankrupt, comprised or mentioned in any of the said conveyances, assignments, or deeds, so set aside, should deliver possession thereof to the plaintiff; and that all the defendants should come to an account before the Master, for so much of the personal estate of the said John Ward, and of the rents and profits of his real and leasehold estates, as had been received by, or come to the hands of them, or any of them; or to the hands of any other person or persons, by their or any of their order, or for their or any of their use respectively, upon or since the said 26th day of August 1725. And it was ordered and decreed, that the said defendants should deliver to the plaintiff, such part of the said personal estate as was remaining in specie, in the custody or power of them, or any of them respectively in the taking of which accounts, the Master was to make to all parties, all just allowances; and particularly, an allowance for all such sums of money, as they or any of them should appear to have paid really and bona fide, in satisfaction of any of the just debts of the said John Ward, before the issuing of the commission of bankruptcy against him; and if any of such debts should appear to have been paid by then, or any of them, since that time, then they were to stand in the place of the creditors so paid, to receive such dividend or dividends out of the said estate, under the said commission of bankruptcy, as such creditors would respectively have been entitled