Page:The English Reports v1 1900.pdf/844

£4425 16s. all which legacies and interest, he reported to be charges and incumbrances on the real estate that the respondent Richard Townsend, in right of his wife, also claimed a moiety of £1399 under the will of Mary Barry, as a charge on the real estate, being the remainder of a supposed fund of £4104 alledged to have been calculated previous to the making her will, and apprehended by her to be what she had a right to charge on the estate by her father's will, viz. $2000 on the failure of issue of her brother Redmond, and £200 of her own portion devised by her father's will, and £€1904 for interest, making the said £4104, and that the said respondents also claimed interest for the said moiety of the £1399 from the death of Mary Barry that the respondents Sedgeley and his wife, in her right, claimed under the will of Mary Barry, the other moiety of the said £1399 and interest from the death of Mary; but it being insisted on the behalf of Mary Burry's heirs at law, that the charge in her favour out of which the £1399 was supposed to arise, did not appear to be ascertained by the will, he could not take upon him to report any part of the said £1399 to be a charge on the estate, but submitted the same to the court; and if the court should be of opinion, that the claimants were entitled to the sums claimed by them respectively, and to interest, he reported that the respondents Townsend and his wife were entitled to a farther principal sum of £699 10s. and interest for the same to the time aforesaid, amounting to £1267 under the will of Mary Barry; and that the respondent Sedgeley and his wife were entitled to a like farther sum of £1267 as charges on the said estate. Lastly, he certified, that Mary Barry had made a codicil, whereby she confirmed her will, and charged her estate with several farther legacies; and that the respondents Townsend and his wife were entitled under the codicil, to a legacy of £3000, which, with interest to the time aforesaid, amounted to £5430, and the respondents Sedgeley and his wife, to a legacy of £800, amounting, with interest to the same time, to £1448, and then set forth several other sums bequeathed by the codicil to divers persons, amounting in the whole, with interest to the time aforesaid, to £13,000 16s.

This report was filed, and notice given to all the six clerks, and a day appointed for hearing the cause on the report, special points, and merits, which was heard accordingly on the 13th and 14th of December 1764; when the several matters reported specially, were ruled in favour of the estate, and the charge of interest on the legacies of Redmond Barry, and the charge of £1399 claimed by the respondents under the will of Mary Barry, were disallow-[115]-ed, and the report confirmed. It was next ordered, that the several sums reported due on account of the mortgages and judgments affecting the estates of Redmond Barry at the time of his death, and also the sums reported due on account of the legacies devised by the will and codicil of Mary Barry, for principal and interest, on the 25th of March 1764, and the interest of the said principal suns from that time, should be computed by the register; and that the same, and also the several legacies charged by the will of Redmond Barry on his real estate, which were reported to be due without interest, (but without prejudice to the right of the several legatees, if any they should appear to have, to recover interest of their legacies,) and also the interest of the several liquidated sums due for principal and interest, on the foot of the mortgages and judgments, and on the foot of the several legacies devised by the will and codicil of Mary Barry, from the time of confirming the Master's report, should be paid by the plaintiffs and defendants, the heirs at law of Redmond Barry and Mary Barry, within three months from that day, or in default thereof, that their real estate, or so much thereof as should be sufficient for that purpose, should be sold; and the money arising by such sale, applied in the first place to discharge the several sums due and to be due for principal and interest on the said mortgages and judgments which affected the real estate of Redmond Barry at the time of his death; and in the next place, after payment of the plaintiffs costs and disbursements, to discharge the principal of the legacies devised by the will of Redmond Barry, which were reported to be due, and were charged upon his real estate, without prejudice to the right of his legatees, if any they should appear to have, to recover interest as aforesaid; and in the next place, to discharge the principal and interest due, and to become due, on the foot of the said several legacies devised by the will and codicil of Mary Barry, and that the plaintiffs should have their full costs, to be taxed as between party and party, out of the estate; and that all proper parties should join in conveyances to the purchasers under the decree;