Page:The English Reports v1 1900.pdf/264
felons within this manor and hundred; and that in those early days, felons goods passed under other and more general words than bona felorum: Notwithstanding all which the Court of Chancery, the 6th July, 1698, decreed, that a bill brought by appellant for discovery of the estate, and satisfaction of the money due on the bonds, should be dismissed, and, on a cross bill brought by respondent, decreed appellant to deliver up to respondent the said two bills obligatory, and a bond due from one Wood in the pleadings mentioned, and all other the said Wyke Parker's personal estate, that had since the felony or conviction come to appellant's hands or use; and that respondent should hold and enjoy all to his own use against appellant, and all claiming under him; but appellant insisted that be ought not, after so long and quiet an enjoyment, to be concluded by the decree, without a trial at law to determine the right, the estate forfeited being near 30,000l. value, of which appellant claimed only the two bonds; and shewed, that the consideration pretended to be paid by respondent to the King for the whole forfeited estate did not exceed 5000l. (Nicholas Nicholls.)
The respondent on the other hand shewed, that Edmund Parker, Esq. his father, had children by several wives, and a considerable real and personal estate, and as his family encreased, and circumstances varied, made several wills, and of his last appointed respondent sole executor and residuary legatee, and from [199] time to time, recently before his death, repeated his good opinion of respondent, and died in May, 1691; and that a will was found among his loose papers, dated 8th July, 1680, by which Wyke Parker, a younger son, was appointed executor and residuary legatee, and no later will appearing, there was reason to suspect that several subsequent wills had been destroyed or concealed: However, Wyke Parker disliking family difference, and being sensible some later wills had been suppressed, made overtures of accommodation; and, in June, 1691, it was agreed that Wyke Parker should, by good conveyances, grant and assure to the respondent, his executors, and assigns, all the testamentary estate of Edmund, which Wyke could claim under the will; and in consideration thereof, respondent covenanted in all events to pay him 8000l. and indemnify him from all legacies and charges of his executorship; and that part of that 8000l. was paid, and the residue secured by the two bonds; and that this agreement was afterwards by consent decreed and confirmed in Chancery, and administration to the father granted to respondent; but that Wyke, contrary to the agreement and decree, received several great sums of testator's estate in respondent's prejudice, to upwards of 1500l. and occasioned great expences to respondent, for all which be promised to make satisfaction out of the monies due on the bonds: And that, in July, 1693, before they had settled their accounts, Wyke was convicted of murder, and thereby these bonds, which were in his possession, became forfeited to the Crown, and the money being demanded by his late Majesty's Attorney General for the use of his Majesty, respondent applied to his Majesty, who, in consideration of 5000l. really paid by respondent, by letters patent, 19th April, 1697, granted Wyke's forfeited estate to respondent; who thereupon became legally intitled to the remainder of the money due on the bonds: And that, after the conviction, several persons, as lords of manors, had pretended a right to the bonds; and among the rest appellant, who by collusion with others, got them into his custody, on pretence that he being lord of the manor and hundred of Liston, in the county of Devon, where the bonds were (as he alleged) at the time of the murder and conviction, the same were forfeited to him, and that he was intitled thereto, (as he pretended) by virtue of a grant from the Crown of felons goods; and therefore brought [200] a bill in Chancery against respondent, to compel payment of the remainder of the money due on the said bonds: And that respondent having answered, afterwards exhibited his bill of interpleader against the several pretenders, to discover their several rights: And the Attorney General likewise exhibited his bill at the relation of respondent, who claimed the same by virtue of the letters patent aforesaid. And that all three causes being ready for hearing before the late Lord Chancellor, and appellant's council informing his lordship that matters of law would arise, his lordship called to his assistance Powell and Powys, justices; and the three causes were heard together before his lordship and the two judges, 6th July, 1699; when after long debate, and reading
248