Page:The English Reports v1 1900.pdf/702

writings which he had in his custody or power, belonging to the testator's estate in Great Bentley, in the county of Essex, into court, there to remain for the benefit of the parties interested therein; and either party was to be at liberty to inspect the said writings, when brought into court, and to take copies of such of them as they should think fit, at their own charge.

The cause afterwards abated by the death of William Voyce the executor, and was revived against his widow Phebe Voyce, and John Nicholas, his executors; who, by their answer to the bill of revivor, admitted assets, to answer the plaintiff's demands.

The Master by his report of the 30th of June 1729, certified (among other things) that there remained of the moiety of the testator's personal estate to be laid out in a purchase, £5000 South-Sea stock, £2300 South-Sea annuities, £2250 East-India bonds, and £43 1s. 11d. in cash, which South-Sea stock and East-India bonds were afterwards sold, and the produce thereof laid out in the purchase of £7079 South-Sea annuities, which made in the whole £9379 South-Sea annuities, and the said annuities were transferred into the name of the Accountant General. But by reason of some part of these annuities being afterwards paid off, this fund was reduced to £9247 7s. 8d.

The plaintiff John Papillon, being dissatisfied with the above decree, petitioned the Lord Chancellor, and obtained an order of the 25th of May 1731, that the cause should be set down to be reheard; and he also exhibited a supplemental bill, alledging (among other things) that since the pronouncing of the decree he had discovered, that by indenture, dated the 14th of October 1697, his late father Samuel Papillon, in consideration of a marriage then intended between him and Fiducia Steere, the plaintiff's late mother, and of £2000 her portion, covenanted to settle the aforesaid manor of Bentley, to the use of the said Samuel Papillon, and his assigns for life, without impeachment of waste, and after his decease to the use of the said Fiducia Steere, and her assigns for life, for her jointure; and from and after the decease of the longest liver of them, to the use of the heirs of the body of the said Samuel Papillon, to be begotten on the body of the said Fiducia Steere, and for default of such issue, to the use of the said Samuel Papillon, his heirs and assigns for ever: that the said marriage [456] had taken effect, and the plaintiff John Papillon was the eldest son and only issue of that marriage, and heir at law of his father; that the trustees named in the said indenture were dead; that the said Fiducia the plaintiff's mother being likewise dead, in the life-time of the said Samuel Papillon, the plaintiff became entitled in equity, on the decease of his father, in the nature of a purchaser, to an estate tail in the said manor of Bentley, and the lands thereto belonging; and the bill therefore prayed, that he might have the full benefit of the said covenant, and might hold the said manor for such estate as was thereby provided for him, and that the deeds and writings might be delivered to him.

To this supplemental bill the several defendants appeared, and put in their answers; and the plaintiff obtained an order, that the cause upon the supplemental bill should be set down to be heard at the same time with the rehearing of the original cause; accordingly both causes came on before the Lord Chancellor King, on the 5th of February 1731, when his Lordship ordered that such part of the former decree, as directed the deeds and writings belonging to the testator's estate at Great Bentley, in the county of Essex, to be brought into court, should be reversed; and on the suplemental bill decreed, that the defendants Phebe Voyce and John Nicholas, the executors of William Voyce, should deliver to the plaintiff all the deeds and writings which they had in their custody or power belonging to the said estate at Great Bentley; and his Lordship declared, that the estate directed by the decree to be purchased with the residue of the moiety of the personal estate of the testator Samuel Papillon, must (in default of issue male of the plaintiff) be settled with remainder to his daughters in tail, as tenants in common, and not as joint tenants, with cross remainders to the said daughters respectively in tail, and for want of issue of all such daughters, then with remainder to the children of the testator's three sisters, as in the former decree directed; and his Lordship ordered the same accordingly, and that the former decree, with these alterations, should stand confirmed.