Page:The English Reports v1 1900.pdf/418

respectively due and unreceived at the death of William Morgan in the said order named; and found that 5000l. was the amount of the arrears of rent due and unreceived at his death, and payable out of the estates chargeable with the said rent-charge, and that 4000l. was the amount of the arrears of rent due and unreceived at his death, and payable out of the estates charged with the said maintenance.

Charles Morgan took an exception to this last report, and thereby insisted, that the master ought to have certified that there was not any thing due in respect of the maintenance of the younger children; but that after so great a length of time, without any claim made in respect of maintenance, the same ought to be considered as satisfied. Jones and his wife also took an exception to the report.

The exceptions taken on both sides to the report of the 19th of December 1783, and also Charles Morgan's second exception to the report of the 18th of July 1782, which had been reserved by the order of the 30th April 1783, came on to be argued on the 12th and 14th of May 1784, before the Lord Chancellor Thurlow, when his Lordship held all the exceptions to be insufficient, and did therefore order, that the same should be over-ruled; and it was further ordered, that it should be referred to the master to inquire whether William Morgan, who was tenant in tail of the freehold estate, and absolute owner of the leasehold estate comprized in the settlement of the 14th of May 1723, mortgaged the said leasehold estate, and that the master should state the same, and any circumstance he should think proper relating thereto to the court; and it was further ordered, that the cause should stand over until after the said inquiry.

On the 10th of July 1784, the master made his report in pursuance of the last mentioned order, and thereby certified, that [40] William Morgan mortgaged the said leasehold estates, and granted an annuity of 200l. per. ann. thereout during the life of Richard Slade, clerk, and that the said annuity and the arrears thereof, and the principal and interest due on the mortgage, greatly exceeded the value of the said estates.

On the 4th of August 1784, the cause came on to be heard before the Lord Chancellor for further directions, and as to the matter of costs; whereupon his Lordship ordered, that it should be referred to the master to compute interest on the said sum of 16,824l. 11s. 3½d. from the time of Charles Morgan's filing the bill in this cause, after the rate of 4l. per cent. per ann.; and it was further ordered, that the master should tax Jones and his wife their costs of the suit (except as to the inquiry after directed), and also their costs at law; and it was further ordered, that Charles Morgan should pay to Jones and his wife what should be taxed for their costs; and it was further ordered, that Charles Morgan should pay what should be found due for principal and interest in respect of the said 16,824l. 11s. 3½d. and also the sum of 2865l. 10s. reported due for the maintenance of the younger children of the late defendant Lady Rachel Morgan, into the Bank, with the privity of the accomptant-general, on the credit of the cause, subject to the further order of the court, and to the inquiry therein-after directed; and upon such respective payments it was ordered, that the injunction granted in the cause should be made perpetual; and it was ordered, that the defendants should assign and procure the terms of 99 years and 500 years to be assigned as Charles Morgan should direct; and the usual inquiry was directed, and the usual directions given as to any settlement made or to be made by William Jones on Elizabeth his wife, and the issue of their marriage.

The said Charles Morgan conceived himself aggrieved by this order of the 4th of February 1783, which over-ruled his first exception to master Wilmot's report of the 13th of July 1782, and also by so much of the order of the 30th of April 1783, as over-ruled his said first exception; and by the order of the 14th May 1784, which over-ruled his exception to the master's report of the 19th of December 1783, and also by the order of the 4th of August 1784, and therefore appealed therefrom; insisting (A. Macdonald, C. Ambler, W. Selwyn, J. Lloyd) that the 16,824l. 11s. 3½d. the supposed arrear of Lady Rachel's rent-charge, was reported to have become due in the life-time of William Morgan her son, who died in 1768, and no demand or intimation of any arrear was made till 1775, during which period of 12 years the growing payments of the rent-charge were regularly made as they became due, by the appellant's father and brother and by the appellant, the successive owners of the estate, without their having the least reason even to suspect that any arrears were