1819. 0. FORD and another. examined upon Interrogatories, and are to produce upon Oath all Books, Papers, and Writings and Vouchers in their custody or power relating thereto, Boys et Ux. or any of the Items or Charges therein, as the said Master shall direct: And it is ordered, that what shall be taxed for such Costs be paid to the Plaintiff Thomas Griffin Phillpotts, out of the said sum of 211l. 12s. 4 d.; and thereupon it is ordered that the Plaintiff do deliver to the said Defendant Jeremiah Rosher upon Oath, all Books, Papers and Writings which he has in his custody or power belonging to the said Defendants: And it is ordered, that the residue of the 2117. 12 s. 4 d. (if any) be paid to the said Defendant Jeremiah Rosher: And it is ordered, that the said Jeremiah Rosher do pay unto the Plaintiff and the others, Defendants, their Costs of this Suit, to be taxed by the said Master, not including the Costs of this Application; and thereupon it is ordered that the Plaintiff's Bill stand dismissed out of this Court."-He also mentioned the Case of Lee v. Biddlecombe, 10th December 1817, which was a Bill filed by the holder of a Bill of Exchange for 300l., accepted by the Defendant Biddlecombe, on behalf of himself and other holders of Bills accepted under like circumstances, claiming an equitable lien on an Indenture of Settlement executed on the marriage of the Defendant Biddlecombe, and upon his Interest under it, and that the Defendant Bolton, in whose possession the Deed was, might be declared a Trustee for the Plaintiff and the other Bill Creditors, and might be restrained from parting with it. An Injunction was granted. Mr. Hart and Mr. Seton moved, That it might be referred to the Master to inquire what was due to the Plaintiff for Principal and Interest on the Bill of Exchange, and to tax all Parties their Costs. 1819. 0. FORD and another. And that on payment of what should appear due for Principal, Interest and Costs, the Bill might Boys et Ux. be dismissed, and the Injunction dissolved.-Mr. G. Wilson, for the Plaintiff, opposed the Motion; but the Lord Chancellor made the following Order :— "Ordered, that on payment by Defendant B. to Plaintiff, of the Sum of 3167., admitted to be due to him for Principal and Interest, in respect of the Bill of Exchange for 300l., together with 227. 1 s. 8d. for the Plaintiff's Costs at Law, the Injunction to restrain Defendant Biddlecombe from taking the Indenture of Settlement, dated 31st May 1798, out of the hands or custody of Defendant Bolton, and to restrain Defendant Bolton from parting therewith, and also to restrain the Defendants, the Governor and others of the Bank, from permitting any transfer of the 13,6577. 13s. 8 d. three-per-cent. consols, standing in the names of other Defendants, and from paying Dividends to any person until Defendant Biddlecombe should answer the Bill, or the Court should make further Order, should be dissolved. And that it should be referred to Masterto tax the Costs of Plaintiff and other Defendants, and that such Costs of the Plaintiff and other Defendants should be paid by Defendant Biddlecombe; and in case there should be any delay in paying the said Costs, when taxed by Defendant Biddlecombe, Plaintiffs and other Defendants were to be at liberty to apply for reviving Injunction or otherwise, as they should be advised." Mr. Roupell, contra : The Defendant does not undertake to pay the Money and Costs when ascertained, nor does he propose to pay the Interest due on the Legacy. 1819. Boys et Ux. 0. FORD The Vice-Chancellor stated, that, in order to save unnecessary Expense, the Court would at any time stop a Suit, when a Defendant submitted to satisfy the Plaintiff's full demands, and made an Order, referring it to the Master to compute Interest upon the Legacy, and another. after the rate of 5 per cent. from the end of one year after the Testator's Death, and to tax the Plaintiff's Costs in this Suit; and that the Defendants should, within eight weeks after the Master should have made his Report in pursuance of this Order, pay to the Plaintiff what the Master should certify to be due to him for Principal and Interest in respect of his Legacy, together with the Plaintiff's said Costs; and thereupon it was ordered that the Plaintiff's Bill should be dismissed: But in default, &c. it was ordered, that it should be referred to the Master to tax the Plaintiff his Costs of this Application, and of the Proceedings before the Master in pursuance of this Order, and of the Master's Report to be made in pursuance thereof; and that the Defendant should pay such Costs, when taxed, to the Plaintiff. And in that case it was ordered, that the Plaintiff be at liberty to proceed with the Cause. 1819. 27th January. BENTHAM (since deceased) and Another Executors have THIS was a Bill for the specific performance of an Agreement to sell a certain Messuage, and several pieces of Land belonging to the same. only power to sell real Estate where expressly given, or necessarily to be implied from the Produce being to pass through their hands in their Office. On a reference to the Master, he reported a good Title could be made, and the Report was absolutely confirmed. An Order was subsequently made, on the 3d March 1817, referring it to the Master (amongst other the execution of things) to settle a proper conveyance of the Estate and Premises to the Defendant, or to whom he should appoint; and by the Master's Report, 22d April 1818, he reported, that a Draft of the Conveyance had been laid before him, and he had settled and approved of the same, and had, amongst other persons, made Joseph Bassan, (the only surviving Son and Heir at Law of Abraham Bassan deceased, the Testator in the Conveyance mentioned) a Party, as he was of opinion he was a necessary Party thereto. To this Report, Exceptions were taken, on the ground that Joseph Bassan was not a necessary Party to the Conveyance. Abraham Bassan, the Testator, by his Will, 21st December 1797, bequeathed to Hannah Barrett the Estate in question, for her Life, provided she did not marry, and directed that "after her decease the Estate should be sold," (not saying by whom) "to the highest bidder, 1819. BENTHAM and another by public Auction, and the Money or Monies arising from such sale thereof to be disposed of in manner and form following," amongst certain illegitimate Children in the Will named, first paying unto George Barrett a Legacy of 51.; and he appointed Bryan Bentham and WILTSHIRE. Hannah Barrett his Executors. The Testator afterwards died, and his Will was proved by his Executors. The Testator, at his death, left a Widow and three Sons, viz. Joseph Bassan, Abraham Bassan, and Samuel Bassan, who, as his lawful Issue, were his Co-heirs at Law, according to the custom and mode of Descent of Gavelkind Lands, which the Premises and Lands in question were. Elizabeth Bassan, the Testator's Widow, died sometime after the Testator's death, as did also his Sons Abraham Bassan and Samuel Bassan, without Issue and intestate; whereby the legal Estate in Fee Simple in remainder immediately expectant upon the decease of Hannah Barrett, the Tenant for Life under the Testator's Will, became vested in Joseph Bassan, as the only surviving lawful Issue and Heir at Law of the Testator. The Sale took place during the life of the Tenant for Life, with the concurrence of both the Executors; but Bentham, one of the Executors, died after the institution of the Suit. The Persons amongst whom the Purchase Money of the Estates was to be divided, were all of age, and ready to join in the Conveyance. Mr. Bell, Mr. Wyatt, and Mr. Preston, in support of the Exceptions: : This is merely a question of Conveyance, and whether V. |