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Bromsall and her assigns should hold and enjoy all the rest of Sir Thomas Bromsall's estate, except the lands to be set out as aforesaid, for satisfaction of her rent-charge, and the arrears and growing payments thereof; and that she should be at liberty to redeem Mr. Nightingale's mortgage, and to hold over till repaid, and until paid the arrears of her rent-charge, with interest from the times the same ought to have been paid, and her costs; but she was not to be let into possession, nor were the tenants to pay to any of the parties, till further order.

On the 5th of March 1709, the Master having made another report, and set out lands to make up £4000 for the co-heirs, the cause came on again; when it was ordered amongst other things, that the Lady Bromsall should be at liberty to redeem Nightingale's mortgage; and thereupon he was directed to convey and assign the mortgaged premises to her, in which conveyance all proper parties were to join; and she and her assigns were to hold the same till she should be repaid what she should pay to Nightingale, and also the arrears of her rent-charge, with interest and costs; and that possession of all the rest of Sir Thomas Bromsall's estate, not set out to the co-heirs, should be forthwith delivered to Lady Bromsall; and that all the tenants should attorn and pay their rents in arrear, and future rents, to her, or to whom she should appoint; and that she and her assigns should hold and enjoy, until fully reimbursed what she should pay towards discharge of the mortgage, with interest, and until she should be paid her annuity and growing payments, and all arrears, with interest from the respective times the same ought to have been paid, and her costs, which were to be settled by the Master.

[12] On the 25th of July 1710, the Master made a further report; to which exceptions being taken and argued, several directions were given, and the report was confirmed and afterwards, by another order of the 2d of June 1711, it was ordered, that the Master should carry on the accounts from the time of that report, and tax the Lady Bromsall her subsequent costs.

On the 18th of July 1711, the Master made a further report, which was confirmed on the 16th of October following: but before any further proceedings were had, the Lady Bromsall married John Herbert Clerk, afterwards Dr. Herbert; and they and the trustees, in Trinity term 1712, brought a bill of revivor, and the proceedings were revived accordingly.

On the 10th of May 1714, the Master made a further report; and thereby certified, that there was due at Lady-day 1714, to Dr. Herbert and his wife, £4527 15s. 7½d.; which report was confirmed.

After this, and before any further account was taken, Dr. Herbert, without his wife's knowledge or privity, by indenture, dated the 9th of June 1729, reciting the marriage articles, and the said several decrees and proceedings; and that, by the last report, there appeared due to him and his wife £4527 15s. 7½d. and that there was further due to them a great sum of money, for the arrears of the annuity, and other sums, by virtue of those decrees and proceedings, which were not then liquidated: to the intent therefore, to vest the absolute property and power of disposition of such arrears, in trust for Dr. Herbert, his executors, administrators, and assigns; and in consideration of 5s. only, Dr. Herbert assigned, transferred, and set over, unto Lord Carteret and Sir Clement Cotterell, their executors, administrators, and assigns, all arrears of the said annuity, and interest thereof, and all other sums of money, debts, dues, and demands, by virtue of the said decrees, or any proceedings in the said causes, or otherwise by reason of the annuity then due to him and his wife, or either of them, whether the accounts thereof were stated or not, together with all such interest which should from thenceforth become due for the same, and all his estate, right, title, and interest therein; to hold, receive, and enjoy the same, to them, their executors, administrators, and assigns, from thenceforth; in trust nevertheless for Dr. Herbert, his executors, administrators, and assigns, and for no other use whatsoever. And, to the further intent that the property and disposition of the said annuity and interest thereof, which might thereafter become due, during the coverture between him and his wife, might be absolutely vested in trust for him, his executors, etc. and in consideration of 5s. Dr. Herbert, by the same deed, assigned and set over the said annuity, and the interest thereof which should from thenceforth grow due, and all his estate and interest therein, in law and equity, to the same trustees for 99 years, if he and his wife should jointly so long live, in trust for the