Page:The English Reports v1 1900.pdf/934

Philip Moore, brother of the appellant John Moore senior, died in the year 1696 without issue, seised of a copyhold estate, called Trinity, part of the manor of Bradninch, and dutchy of Cornwall, leaving Edith Moore his widow, who, according to the custom of this manor, became entitled to the estate, during her widowhood.

By the accustomed bounty and grace of the Crown, the nearest relations of such of the tenants of this manor, as die without issue, have been admitted to renew the estate; and accordingly, the lands in question had been enjoyed by the family of the Moores for above 200 years.

Soon after the death of Philip Moore, Edith his widow came to an agreement with the appellant John Moore senior, that he should hold this copyhold estate, during her widowhood, at the yearly rent of £20; and that he should be at liberty to apply in her name, but at his own expence, to the Chancellor of the Exchequer, for a warrant to nominate two lives to the estate, after [242] the determination of her interest therein; and that those lives should be the two infant appellants.

Pursuant to this agreement, the appellant John was let into the possession of the estate; and in August, 1696, he presented a petition to the then Chancellor of the Exchequer, in the name of Edith the widow, and obtained a warrant for her nominating two lives, on paying a fine to the King of £70, but subject to these conditions, viz. Provided the estate be perfected in six months after the date of the warrant, and the warrant inrolled before the Auditors of the said Dutchy, for the due charging the said fine; and that the said fine be first paid into the hands of the Receiver General of the said dutchy, or his deputy, and so certified under one of their hands and seals.

These conditions not being strictly observed, for the reasons after mentioned, and Edith being about to marry, whereby her interest in the premises would be deter mined, she applied to Moore to continue the £20 per ann. for her life; which he refusing, she thought fit to take advantage of the non-performance of the above conditions; and on that ground she, in May 1697, applied for, and obtained another warrant for the nomination of two lives to the estate, upon the same terms and conditions as the former; and, in consequence of this second warrant, she nominated the respondents for the two lives; and the fine being thereupon paid, and the several other conditions performed, that business was finally concluded.

But the first warrant being still subsisting, the respondents, in Hilary term, 1699, exhibited their bill in the Court of Exchequer against the appellants, praying, that that warrant and copy might be surrendered and vacated, and that the second warrant and copy might be established.

The cause being at issue, and several witnesses examined, was first heard on the 22d of February 1702; when the Barons being divided in their opinions, it was again heard in the presence of the Chancellor, when the Barons wero also divided; but Mr. Chancellor being of opinion, that the plaintiffs ought to be relieved, it was decreed that the first warrant should be delivered up to be cancelled, and the court-roll of the first grant, and the copy thereof, and the admittance thereon, vacated; and that the second warrant, grant, court-roll, and estate for the plaintiffs lives, in the tenement in question, should stand and be confirmed; and that the plaintiff's should quietly enjoy the estate after Edith's widowhood, successively, according to the second