Page:The English Reports v1 1900.pdf/818

Oliver Neve, deceased, viz. the surviving son of Francis Neve, who was the eldest son of John Neve, who was the eldest brother of Richard Neve, father of the said Oliver Neve, deceased.

The witnesses to prove the deeds of settlement, will, and codicil, were examined, to preserve their testimony; but no further proceedings were had in the cause, it being, in such cases, neither necessary or usual.

[75] In November 1681, Francis Neve, the father of young Oliver, died; and in June 1683, Oliver attained twenty-one; whereupon Norris settled all accounts with him, and, at his request, agreed to assign to him the remainder of the ten years term, of which but five years were then elapsed, and to put him into possession of the estate, upon his executing a release of the rents and profits, and of the trusts whore with Norris stood charged by the will and settlement; which release, they agreed, should not prejudice Oliver's right to a lease of certain lands at Searning, and as to which, they would abide by the judgment of the Court of Chancery; and accordingly such assignment and release were executed.

Soon after this, a dispute arose between Oliver Le Neve and Norris about other parts of the testator's leasehold estates, which each of them apprehended himself entitled to; and thereupon, in Easter term 1684, Oliver exhibited his bill in Chancery against Norris, praying that he might be compelled to convey all the freehold, and assign all the leasehold estates of the testator to him, and deliver up all the writings relating thereto, and be decreed to perform the trusts reposed in him as to several leases in the hill mentioned, according to the will; and that the said release might be set aside, as to the freehold and leasehold estates of the testator, not comprised in the assignment from Norris.

To this bill Norris put in his answer; and said, the testator declared to him, that he intended him all his personal estate, not specifically bequeathed; and that he conceived himself entitled to the leaseholds, one of which being of a shop in Cornhill, the lessor threatened to sue him for an encroachment made by the testator: upon which he surrendered the lease, and paid £50 fine for a new lease, which he took in his own name, and was not above £8 or £9 a year more than the rent to the lessor but submitted to the judgment of the court, and said, he had delivered up all the rest of the lands, and the writings concerning the same to the said Oliver Le Neve; but took no notice of the conveyance made to him by John Neve, the blacksmith. No further proceedings were had in this suit, the parties having compromised the matters between them; and fourteen years afterwards, Norris made an assignment of some lease or leases to or in trust for Oliver.

In pursuance of an agreement with Peter Le Neve, the elder brother of Oliver, and who was next in remainder after him, and the issue male of his body; the said John Nove, the blacksmith, in May 1688, conveyed his reversionary interest to the said Peter Le Neve and his heirs, in consideration of £10, and died in August following. On the 1st of August 1701, old Norris died, having, by his will, devised the reversion which he purchased of John Neve, the blacksmith, when the same should fall in, to his eldest son John (the infant respondent's grandfather) for life; with remainder to his first and other sons in tail male; with remainders over.

In December 1708, Francis Neve, the third and last person in the intail under old Oliver's settlement, died without issue.

[76] Oliver Neve, being in possession of the estates, and having but one son living, an infant of so infirm a state of health, that it was apprehended he could not live to attain twenty-one; and Oliver being not likely to have any more children, and Peter having no child, nor likely to have any; he, in 1709, applied to the infant respondent's grandfather, who was in great want of money, and offered him £2000 and afterwards £3000 to deliver up the conveyance from the blacksmith to his father; but the reversion being devised to him only for his life, he could not dispose of it further.

Oliver Neve's son, being between twenty and twenty-one, and very infirm, and his father not being able to purchase the reversion, they came up to London, in order to get a privy seal to enable the son, notwithstanding his minority, to suffer a recovery; but the infant respondent's grandfather entered a caveat at the proper office, which put a stop to it. And soon after their return into the country, the son died before he attained twenty-one.