1821. EDNEY v. JEWELL. statement had been made, he would direct the Master to inquire, whether the persons who had instituted this Suit were at the time of the institution thereof, and still were, authorized to prosecute the same in the name of the Plaintiff; and in case they were so authorized, then the Master was to proceed to take the usual Accounts. Reg. Lib. A. 1821. fol. 783. 1820. 2d March. TAUNTON v. PEPLER. THE Bill was filed by the next of Kin, against the Defendant, as Administrator of the Intestate, for an Account. The Defendant pleaded a Release. Mr. Phillimore objected to the Plea of the Release ; first, because it was founded only on the Receipts of the Administrator, as they then stood; and, secondly, because the Release was only said to be "sealed and delivered," without also saying " signed"; and cited Blackstone (a), who says a Deed must be signed as well as sealed and delivered. Mr. Koe, contra. The VICE-CHANCELLOR: The Release states that the Administrator had received all the Property belonging to the Intestate; I cannot (a) Blackstone's Com. 305. Blackstone's words are 66 It is requisite that the Party whose Deed it is should seal; and now, in most cases, I apprehend, should sign it also." therefore assume that he has received anything since. There is no authority for saying that a Release to be effectual, must be signed as well as sealed and delivered. The Plea must be allowed. 1821. TAUNTON 0. PEPLER. 1821. 26th May. A term of years having been li Between the Right honourable AUGUSTA POULETT mited to Trustees for the purpose Plaintiffs, of Money for the The Right honourable JOHN EARL POULETT, Maintenance and Education of the Defendant. younger Children of A, in such shares and pro THIS Cause came on to be heard upon Bill and An- portions, and such swer, for the purpose of obtaining the opinion of the manner and form, Court upon the construction of certain Deeds. as A should direct, and in de fault of any direction, to be applied for the benefit of such Children equally, the same to be paid to or for them respectively until their respective portions, provided for them out of other property, should be payable and paid. A, by his Will appointed a certain portion for the Plaintiff, to be vested in her at the age of Twenty-one Years, or on Marriage, and directed that a certain part of the Interest and Dividends thereof should be applied towards her maintenance and education, but did not make any appointment, or give any directions relative to the sum of money raiseable for that purpose under the said term. Held, upon the construction of the Settlements, that the Plaintiff was entitled to have her share of the Money provided by the term, raised for her benefit, until the period when her portion should become payable; that it is not improbable that it should be the intention of Parents to provide a larger fund for the education of Children than the mere Income of their future portions-the portions of younger children of great families being seldom large, although they have universally the same expensive Education as the eldest Child. 1821. POULETT V. POULETT. The Bill, filed on the 26th July 1820, stated that, by an Indenture of the 22d July 1782, made between Vere late Earl Poulett, since deceased, of the first part; John late Earl Poulett, then John Viscount Hinton, of the second part; Sir George Pocock, and Sophia Countess Poulett, then Sophia Pocock, spinster, of the third part; J. P. Bastard and G. Byng of the fourth part; (being the Articles made on the Marriage of the said John late Earl Poulett, and the said Sophia Countess Poulett), the said Vere Earl Poulett and John late Earl Poulett covenanted to settle the Manor and Lordships of Hinton Saint George, and divers other Manors and Lordships, Lands and Hereditaments therein mentioned, and situate in the counties of Somerset, Devon and Dorset, after the determination of certain Estates (since determined) to the use of the Trustees, their Executors and Administrators, for a term of 300 years, to be computed from the day next before the day of the decease of the Survivor of the said Vere Earl Poulett, and John late Earl Poulett, upon certain Trusts, and after the expiration or sooner determination of the said term, and subject thereto, to the use of the first and other Sons of the said John late Earl Poulett, and the said Sophia Countess Poulett in tail-male, with divers Remainders over. The Trusts of the said term of 300 years were thereby declared to be for raising Money for the Maintenance and Education of the younger Children of the said Marriage, that is to say, if there should be but one such Child, besides an eldest or only Son, the yearly sum of 2007. for the Maintenance and Education of such Child; and if there should be two such Children, the sum of 400l.; and if three such Children, the sum of 600l., for the like purpose; and if there should be four or more such Children, then the Sum of 1000l. for the Maintenance and Education of such four or more Chilren, the same yearly Sums in any of the cases last mentioned, if there should be two or more such Children, to be paid and applied in such parts, shares, and proportions, and in such sort, manner, and form, as the said John late Earl Poulett should, in manner therein mentioned, direct and appoint; and in default of any such Direction and Appointment, in Trust, to pay and apply the same to or for the benefit of such Children, except an eldest or only Son, equally; the same to be payable to or for them respectively until their respective Portion or Portions thereinafter agreed to be provided for them respectively should be payable and paid: And upon further Trust, to permit the Persons for the time being entitled under the limitations to be contained in the Settlement, to be made in pursuance of the said Articles, to the immediate Reversion or Remainder of the Premises contained in the said Term, to receive the Rents, Issues, and Profits thereof, over and above so much as should, from time to time be paid and applied for the Maintenance and Education of such younger Children. And by the same Indenture the said Sir George Pocock covenanted to secure by Bond the payment of 20,000l.; and until the payment thereof, the yearly Sum of 1000l. to the said J. P. Bastard, and G. Byng, their Executors or Administrators: And it was agreed, that in the intended Settlement it should be declared that such Trustees should stand possessed thereof, subject to the Life Interests of certain Persons since deceased; and, subject to certain contingences since determined, in Trust, to pay the Interest thereof to the N 1821. POULETT v. POULETT. 1821. POULETT 0. POULETT. first Son of the Bodies of the said John Earl Poulett, and Sophia Countess Poulett, until he should attain the age of twenty-one years, or die under that age, without leaving Issue Male; and if such Son should attain the age of twenty-one years, then upon Trust to convey and assign the said Annuity, or yearly Sum of 1,000l. to such first Son, his Executors, Administrators, or Assigns. And the said Sir George Pocock thereby further covenanted to secure by another Bond the payment of a further Sum of 20,000l,, and until the payment thereof the yearly Sum of 1,000l. to the said J. P. Bastard, and G. Byng, their Executors or Administrators; and it was declared and agreed, that the said second Annuity or yearly Sum of 1,000l. should, except as to such parts thereof as might fall in before, in the events therein mentioned, commence from the time of the decease of the longer liver of the said Sir George Pocock, and his three Sisters therein named (all of whom died in the life-time of the said John late Earl Poulett); and that in the intended Settlement there should be inserted a clause, declaring that the last-mentioned' yearly Sum of 1,000l. should continue payable until the said Sir George Pocock should pay, or secure to be paid, unto the Trustees thereof, their Executors or Administrators, the further sum of 20,000l.; and also a declaration that such Trustees should stand possessed of the said second yearly Sum of 1,000l.; and of the said Sum of 20,000l. agreed to be paid for the Redemption thereof, upon Trust, to pay the same yearly Sum of 1,000l. until the said Sum of 20,000l. should be paid for the redemption thereof as aforesaid; and after payment of such Sum of 20,000l., upon Trust, to invest the same at |