Page:The English Reports v1 1900.pdf/371

default of issue male to William Hill, Esq. his brother, (under a settlement made the 28th February, 1658, by Arthur Hill, [424] Esq.) and died in 1670, without issue male, having paid all interest then due, but no part of the principal: And by his will, devised all his leases in Glynn, and Invarr, worth 230l. per ann. to his wife Anne during her widowhood, and then to appellant his daughter, and made his wife sole executrix, and residuary legatee: And that Samuel Winter died about 1678, leaving William Shaw his executor, who assigned this bond to the Bishop of Killalla, and that after the death of Moses, William his brother entered on all the leasehold, and freehold estate, under colour of the settlement, and enjoyed till his death, in October, 1693, and then Michael his son entered and enjoyed till his death, in November, 1699, when Anne, his widow, in right of his son Trevor Hill, an infant, entered and enjoyed: And that Anne, the widow of Moses, concealed her husband's will till 29th November, 1682, to defraud his creditors, and the leasehold lands being possessed by the remainder men, under pretence of being freehold, (though in fact they were not) the creditors of Moses Hill were kept in the dark as to his assets: And that, 6th May, 1678, Thomas Leigh, who had no counter-bond from Moses Hill, paid to Shaw, Winter's executor, 70l. being all the interest then due upon the bond for seven years, at 10 per cent. and 48l. of the principal, in all 118l. so that 52l. of the principal then remained due: And that Thomas Leigh died, August, 1678, intestate, and Charity his wife administered to him, and died intestate, in August, 1681: And respondent took administration to Charity, and de bonis non to Thomas; and about the year 1681, was obliged to pay the bishop of Killala the remainder of the money due on the bond from Moses Hill, and took up that bond, and the counter-bond, to Palfrey: And that Anne, the widow of Moses, in 1682, and not before, proved his will; and by her own will, 4th July, 1683, ordered that if appellant, her executrix, should recover the leasehold lands of Glynn, she should pay all the debts due to any person whatsoever from Moses Hill, and appellant proved her mother's will: And respondent, by reason of the troubles beginning in Ireland, in 1687, came to England, and continued there till 1691 and that Anne, executrix of Moses, and appellant, her executrix, always claimed these leasehold lands of Glynn, and the four towns of Invarr, against William, Michael, Anne and Trevor Hill, and several suits were commenced, [425] and several treaties set on foot, but never concluded, because appellant and her mother would not release their title and interest to the leases of Glynn, &c. but that appellant was at length prevailed on, and, in 1703, conveyed all her estate and interest in Glynn, and Invarr, to the said Anne, in trust for her son Trevor Hill, and in consideration thereof, and of all other her demands, received 1200l. in ready money, and an annuity of 100l. payable in England during her life; And that in 1705, respondent hearing of these chattels real of Moses Hill, and having no remedy at law, preferred his bill in Chancery in Ireland, against appellant, and Anne Hill, and her son Trevor, praying a discovery of the assets of Moses Hill, and to be satisfied what Thomas Leigh, and respondent bad paid upon the bond: And that appellant in her answer confessed the agreement with Mrs. Hill, but insisted that her mother or she had never been in possession of the Glynn, &c. or other leasehold estate; and that her own portion, and arrears of interest thereof, and of her mother's jointure, was much more than the consideration paid her by Anne, mother of Trevor Hill, so that though she released all her title and interest in these lands to Trevor Hill, yet these lands could not be deemed any assets in her hands: And rsepondent showed that Anne Hill and her son Trevor, had in their answer confessed the agreement; and said that she would not have made it unless appellant had conveyed all her interest in Glynn and Invarr; and that several witnesses had proved that Anne would not have given appellant within 400l. of what she did, it appellant had not sold her estate and interest in Glynn, and in the mesne profits thereof: And that the Chancellor on the hearing, 19th May, 1708, declared the debt was a good debt, and well proved; but that it would be hard to charge defendant with assets, when it did not plainly appear they came to her hands, but declared that assets in equity were assets at law; and therefore ordered that plaintiff should bring his action at law against appellant, and that she should plead plene administravit, and that a trial should be upon this issue, whether