Page:The English Reports v1 1900.pdf/600

mises vested in the said William Chetwynd and John Wightwick in trust, to be sold, and would continue part of the appellant's personal estate; and that as the appellant's personal estate was not then sufficient to pay off the principal and interest of the said mortgage; the Master conceived it would be for the appellant's benefit, that the arrears and growing interest thereof should be paid out of the appellant's personal estate; and that it would be likewise for the appellant's benefit, to pay off both principal and interest on the said mortgage, so soon as the appellant's personal estate should be sufficient for that purpose.

On the 17th of January 1736, the cause came on to be heard before Lord Talbot, on the Master's report, when his Lordship declared, that it was for the appellant's advantage to carry the agreement between the respondent Fleetwood and the appellant's father into execution; and for that purpose ordered, that the appellant's personal estate then in the Bank, together with what money was then, or should thereafter come to the hands of the receiver, out of the rents and profits of the appellant's real estate, over and above what was or should be allowed for the appellant's maintenance, and all other just allowances, or so much thereof as should be sufficient, should be applied to the payment of the principal and interest due [305] and to grow due on the respondent Beckford's mortgage, and of his costs, to be computed and taxed by the Master; and what should be so advanced on the appellant's behalf, was to stand charged on that part of the estate which by the settlement of the 2d of June 1725 was limited to the said Chetwynd and Wightwick, and their heirs, in trust that they should, after the death of the respondent Fleetwood, sell the same, and raise money sufficient to pay the said Walter Chetwynd, deceased, the said £1000 and £274 19s. therein mentioned; and such other sums as the said Walter Chetwynd should pay, either for principal or interest of the said £5000 to the said Thomas Beckford, and for his costs, with interest for the same from the time of payment thereof, next after the sums advanced by the said Walter Chetwynd, deceased, and the interest thereof; and the same was to be repaid thereout to the appellant, his executors and administrators, with interest from the times of the advancement thereof; and on payment of what should be found due for principal, interest, and costs, to the said Thomas Beckford, he was to assign his mortgage to trustees, to be appointed by the Master, in trust for the appellant, as a further security for reimbursing to him the principal money which should be advanced, with interest for the same, from the respective times the same should be so advanced; but such mortgage, after the assignment thereof, was not to be made use of to affect the estate, during the life of the respondent Fleetwood.

The original decree, together with the report and the order made on the further hearing, were duly signed and inrolled.

On the 20th of February 1737, the Master made a further report, and thereby certified, that there was due to the respondent Beckford to the 10th of April 1738, £6558 10s. 10d. for principal, interest, and costs, on the said mortgage; which report was afterwards confirmed: and the Accountant-general having by his certificate, dated the 8th of December 1739, certified at the request of the respondent Beckford, that there was then standing in his name in the South-Sea company's books, in the cause Chetwynd against Chetwynd, £5573 2s. 10d. South-Sea annuities, and that there remained in cash £836 10s. 7d. Mr. Beckford presented a petition to the Lord Chancellor, praying, that the said £5573 2s. 10d. South-Sea annuities might be sold; and that the money arising by the sale thereof, together with the said £836 10s. 7d. remaining in the Bank, in the said cause, or so much thereof as should be sufficient for that purpose, might be paid to him towards discharge of the said £6558 10s. 10d. reported due to him on his mortgage, and of his subsequent interest and costs, to be taxed by the Master. And on the 20th of December 1739, his Lordship ordered, that it should be referred back to the Master, to compute the subsequent interest due to the respondent Beckford from the time the account was carried on in his last report, and tax him his subsequent costs; and that such subsequent interest and costs should be added to the sum reported due, and that the same should be paid out of the money arising by sale of the said South-Sea annuities and money in the Bank; and to that end, [306] that the £5573 2s. 10d. South-Sea annuities should be sold, and the money arising by such sale was to be applied in satisfaction of what should be found due