Page:The English Reports v1 1900.pdf/775

By articles, dated the 17th of October 1704, between Thomas Bromsall, esq. afterwards Sir Thomas Bromsall, knt. of the first part, Mary Colinge, widow, of the second part, and Francis Gwynn and Richard Powis, of the third part; the said Thomas Bromsall, in consideration of his then intended marriage with the said Mary Colinge, and her marriage portion, covenanted for himself, his heirs, executors, and administrators, with Gwynn and Powis, their executors and administrators, that in case the marriage took effect, he would, before the end of Easter term then next, well and sufficiently grant, settle, and assure all those his manors, lands, tenements, hereditaments, and premises in Biggleswade, in the county of Bedford, to the use, intent, and purpose, that his intended wife should receive an annuity or rent-charge of £500 a-year, during her life, clear of all taxes and deductions whatsoever, to he paid by quarterly payments; with a power, in default of payment, for her and her assigns, from time to time, to distrain on the said premises for the said £500 a-year; and in default of payment by the space of 60 days, and of a sufficient distress, to enter upon, and hold and enjoy the premises, till the said rent-charge, and the arrears thereof, and all costs and damages should be fully paid and satisfied; which was declared to be for her jointure, and in full of dower and by the same articles he covenanted, that all such other lands as he should afterwards purchase, or become seised of in Biggleswade aforesaid, should be charged with the said annuity; and at his own costs and charges, on the request of the trustees, be conveyed accordingly.

The marriage soon after took effect; and, on the 1st of February following, Sir Thomas Bromsall died, before any settlement was made pursuant to the said articles; whereupon his real estate, for want of issue male, descended to Mary, his only surviving daughter, by a former wife, and Elizabeth Haselden and Catherine Haselden, his only grand-children, as his co-heiresses at law.

The estate at Biggleswade being part freehold and part copyhold, and, by reason of a mortgage upon it for £2500 to the respondent Nightingale's father and testator, not being sufficient to pay and secure the annuity to Lady Bromsall, the relict and administratrix of Sir Thomas; she, together with her trustees, in [11] Easter term 1705, preferred a bill in the Court of Chancery, against the co-heirs of Sir Thomas Bromsall and the mortgagee, to have that estate cleared of incumbrances, and the annuity and arrears made good, or that the estates which descended to the co-heirs might be sold, or charged with the payment thereof; and that the Lady Bromsall night redeem the mortgage, if she thought fit, and keep the same as a charge upon the estate, in order to protect her annuity; and that the co-heirs should be decreed specifically to perform the articles.

In Trinity term 1705, the co-heirs exhibited a cross bill for a discovery of Sir Thomas's personal estate; and, on the 14th of May 1707, both causes were heard before the Lord Chancellor Cowper; when several special directions were given relating to the copyhold estate, and for lands to be set out with it, to make up the value of £4000 for the co-heirs, who claimed the same by virtue of marriage articles made by the said Sir Thomas, on his marriage with his former wife; and as to the Lady Bromsall, it was referred to a Master, to inquire what was due to her for her annuity, and to tax her costs, to be paid out of the estate, liable to Sir Thomas's covenant.

On the 12th of May 1709, the Master having made his report, in respect to the copyhold lands, and other things, and exceptions having been taken thereto, those, and the matters reserved, came on to be heard; and it was then ordered, that Lady