on behalf of the ence. Say that R. W. at a meeting at D. M.'s house, drew ont a me. agreement of by the said D. M., and wrote and signed and sent to the said D. M. And that R. W. a letter dated the 17th of October 1821 declaring such acquiescence; vendors acceded And these defendants further say that the said R.W. at a meeting to the terms prowhich took place at the house of the said D. M. and as the autho- posed, and wrote a letter declaring rised agent of the said J. N. and of the said complainant, drew out such acquiesa memorandum of the agreement to be entered into between the said D. M. and the said J. N. and the said complainants, according to the terms so arranged as aforesaid, the particulars whereof were as follows, (that is to say): "£500 to be allowed to Mr. H. out morandum of of the purchase-money for the non-completion of the purchase; the terms ar that Mr. M. should be entitled to the interest of £7500 the re- ranged between the parties. mainder of the purchase-money from the 14th day of February 1821 till the time he takes possession of the estate or enters into the receipt of the rents, after the rate of 5 per cent. ;-that Mr. N. shall be entitled to such interest as the purchase-money may have made in the bank, and also to the rent of the estate to be calculated from the 14th of February 1821 to the date of the agreement when entered into, from which time Mr. M. is to enter into possession and to receive the rents;-that Mrs. N. shall be entitled to such interest as the purchase-money shall hereafter make, until the sale can be completed, and the purchase-money shall either be invested in the bank or on government securities as Mr. M. and Mrs. N. may agree on." As in and by such memorandum if produced would appear; And Believe that these defendants severally further say they believe that the said R. W. undertook to prepare a forR.W. as solicitor for the vendors, undertook to prepare or to have mal deed of deprepared a formal agreement and declaration of trust by way of in conformity deed in conformity with the said memorandum, but that the same with the said was not prepared for some time after such meeting took place as Lut when preaforesaid, and that when prepared, it differed in most essential particulars from the memorandum on which it was to have been founded, and that under such circumstances the said D. M. refused to execute the same, and on or about the 5th day of November 1821 wrote and sent to the said R.W. a letter in words and to the effect following; the letter next (that is to say), "Dear Sir.-I received your's with draft agreement stated. proposed to be executed, and began by making a short interlineation, but reading further I found the whole quite different from our agreement, which you will see by a perusal of my letters of the 1st, 10th, and 13th, all addressed to you; and with respect to having the title uncompleted for two years and then subjected to be annulled is most unreasonable, as it would bind me from either leasing for any length of years or improving the property, or by doing so, subjecting me to suffer great loss of interest and outlay, which are terms so different to our original agreement that I can see no possible claration of trust memorandum, pared it differed particulars, and in most essential that D. M. refused to execute the same, and wrote to R.W. Say they are en tirely ignorant as to whether D. M. made any communications to R.W. as in the bill stated or otherwise, and as to applications made to D. M. and the other defendants. prospect with any safety to myself of ever accomplishing the pur chase, I must therefore again declare myself off from so uncertain and hazardous an attempt to purchase E., as I have already expressed in my letters as above stated; indeed by what Mr. B. last says, it does not appear that Mrs. N. has any right to sell under any such incumbrances and uncertainties as she unfortunately labors under." As in and by such letter when &c.; And these defendants further answering say they do not know and cannot set forth as to their belief or otherwise save as hereinbefore mentioned, whether the said D. M. did or not inform the said R.W. to such effect as in the said bill mentioned, or whether he made any other communication of the like nature to the said R.W., or whether the said J. N. and the said T. N. or any other person ever made any such applications requests or offers to the said D. M. and the other defendants thereto as in the said bill mentioned; And these defendants say they do not know and cannot set forth as to their belief or otherwise, whether the said J. N. and the said complainant T. N. or either of them have been always or at any time anxious to procure such conveyance and assignment as in the said bill mentioned. [Then followed answers to interrogatories relating to T. P. the mortgagee.] And these defendants submit to this honorable court whether the said D. M. did or not enter into a valid and binding agreement for the purchase of the said freehold and leasehold estates; And these Say they are endefendants severally further say they do not know and cannot set tirely ignorant as forth as to their belief or otherwise, whether the lease under which to a lease held by one J. 1). further J. D. in the said bill named held the whole or any part of the esthan they believe tate &c. [ as to whether D.'s lease was delivered to D. M. and whether he treated with him for a renewal, ] further than these defendants believe that the said D. M. before he abandoned the said purchase had entered into some treaty with the said J.D. for continuing him the tenant of the property in case the said D. M. became the purchaser thereof; And these defendants further answering say they believe it to be true &c. [that D. M. agreed to take timber at a valuation, but they do not know whether according to particulars of sale and answering the interrogatories to this point.] And these Do not believe defendants severally further say they do not believe that the said that D. M. with D. M. did withdraw the said sum of £8000 out of such bank as in drew the £8000 out of the bank, the said bill mentioned, and on the contrary these defendants believe trary believe that that such money was lying in the hands of the said bankers in the the same was in month of when they failed, and that a heavy loss was sustained hands at the time by the said D. M. in consequence, and that the money produced no of their failure. interest while the same lay in the hands of the said bankers; And these defendants further answering say they admit it to be true Submit whether D. M. did enter into a valid agree. ment for purchase. that D. M. had treated with him as to his continuing tenant. but on the con the bankers' will, and the ants, ready to account, state whether sufficient to pay all debts. Admit the death of the plaintiff J. N. but not her will and codicil thereto, or that the executors renounced probate or that the plaintiff T. N. has ob that the said D. M. did duly make and publish his last will and testa- Admit D. M.'s ment in writing, executed and attested in such manner as to pass probate thereof real estates by devise, of such date &c., and that the said will con- by the defendtained such devise &c., but for their greater certainty as to the said will and the contents thereof, these defendants crave leave to refer to the same or the probate thereof when produced, [admission of testator's dying without revoking--proof,] and that they have pos- And that they have possessed his sessed themselves of the said testator's personal estate or some part personal estate thereof, for which in case this honorable court should be of opinion for which they are that the said complainant T. N. has any claim, then these defend- but are unable to ants are ready to account to the extent of their several and respective such personal esreceipts and payments in respect thereof, but whether such personal tate is more than estate is much more than sufficient to pay and satisfy all the debts legacies and funeral expenses of the said testator these defendants not having yet obtained all the accounts of the persons to whom the said D. M. was indebted cannot set forth; And these defendants further say they believe it to be true that the said J.N. departed this life at or about such time as in the said bill mentioned, but whether or not she made and published her last will &c. or of any other date or to any other purport or effect, or whether the said J. N. did or not appoint such persons as in the said bill named executors of her said will, or whether she ever revoked her said will except so far as the same is revoked by the said codicil, or whether the executors in the said codicil named renounced the probate of the said will and codicil and declined to act in the trusts thereof, or whether the said complainant hath obtained such letters of administration as in the said bill mentioned to be granted to him by and out of such court as therein mentioned, and is now the legal personal representative of the said J. N. deceased, these defendants severally say they do not know and cannot set forth as to their belief or otherwise; And these defendants severally say they do not know and cannot set forth as to their belief or otherwise whether or not by such order of this honorable court as in the said bill mentioned the appointed committee of the essaid M. A. has been appointed committee of the estate of the said tate of T. P., T. P., or whether a grant thereof afterwards passed the great seal of Great Britain accordingly, or whether the said M. A. as such or whether he committee aforesaid, claims to be entitled to all the estate and in- tie's interest in terest of the said T. P. of and in the aforesaid mortgage and the hereditaments and premises included therein; And these defendants submit to this honorable court that under the circumstances hereinbefore mentioned, and inasmuch as if any such agreement as mentioned in the said bill was ever so made as to be binding upon the said D. M. which these defendants do not admit, the same was afterwards in the manner herein before mentioned waived and prayed, tained letters of administration. Say they are claims the luna the mortgage se- same was aban doned, the plain tiffs are not entitled to the ieliet Or that if the defendants are bound to com abandoned, the said complainants are not entitled to any such relief as is prayed by the said bill against these defendants; but if this honorable court should be of opinion that these defendants as replete, then they presentatives of the said D.M. are bound upon any terms to complete insist upon the benefit of the the said purchase, then these defendants insist upon the benefit of second agreethe agreement subsequently made between the said D. M. and the ment, according to the terms of vendors, the terms of which are expressed in the said D. M.'s D. M.'s letter of letter of the 1st of October 1821; And these defendants further say they are advised that the said complainant cannot make a good title to the estate and hereditaments hereinbefore mentioned, and in the event of their being compelled to purchase the said premises make a good title, and in the event they pray a reference to one of the Masters of the court to inquire into such title; And these defendants deny &c. [see sect. IV. antea, p. 7.] the 1st October, 1821; And say they are advised that the plaintiff cannot of being com pelled to purchase, they pray a reference to the Master to inquire into the title. Saith that he and being duly constitated trustees for sale, a treaty was entered into and an agreement *VI. Answer of one of three trustees for sale, defendants to a bill by a purchaser seeking to set aside the contract, the defendant insisting that although the incumbrancers on the estate are numerous, and that a recovery which had been previously suffered was in dispute in another suit, yet that the defendants are able to procure a good conveyance to be executed to the plaintiff, and that he ought to be compelled to complete his contract (24). [Answer of defendant C. V.-For the form of title and commencement, refer to sect. I. and II. p. 1. and 3.] Saith that defendant, together with M. A. T. and S. T.S. the two Is co-defendants, other defendants to the said bill, having been as they were advised, duly constituted and appointed trustees for the sale of the hereditaments and premises in the said bill mentioned, and believing that they had a good right and authority to sell the same, and that they could execute or procure to be executed a good and sufficient conveyance thereof in fee-simple to a purchaser, and being desirous therefore of executing their said trust, a treaty was accordingly in or about the month of July 1821 entered into between defendant's said co-trustees or one of them and the said plaintiff, and an agreement was afterwards concluded between them for the sale of the concluded for sale of certain estates to the plaintiff'; (24) This is one of the answers stated antea, vol. i. p. 667. and was to the said hereditaments and premises to the said plaintiff at or for the price or sum in the said bill mentioned; and the said agreement was And that the thereupon reduced into writing, and defendant admits signed by same was rethe said M. A. T., S. T. S. and the said plaintiff, and was as de- ing and signed, fendant believes in the words and figures or to the purport and effect stated in effect in the said bill mentioned, as far as the same is therein set the bill. forth, nevertheless defendant for his greater certainty craves leave to refer to the same when produced to this court; Saith that such sent to him for agreement was and which he accordingly Saith that the said agreement so signed was sent to defendant for his approbation and signature, and defendant did accordingly approve of and sign the same subject only to a few marginal notes his signature, thereon by way of qualification on certain collateral points as costs and the extent of the covenants to be entered into on the signed. part of defendant and his co-trustees, as by the said agreement when produced, and to which defendant for his greater certainty refers, when produced, will more fully appear; Saith that except as aforesaid he did not personally act in such Saith that he did treaty of sale of the said premises to said plaintiff, such treaty in the treaty. not personally act having been carried on in the county of Y. by his co-trustees there, and defendant residing in London and not having interfered in the contract any, further than by some previous correspondence with his co-trustees, and by testifying his approbation of and subsequently signing the contract, neither did defendant pretend or allege himself to be in the said month of July or at any other time seised of or otherwise well entitled for an estate of inheritance in fee-simple to the manor and other hereditaments in the said bill mentioned, or that he and the said other defendants could shew and make out a good clear marketable title to the said premises, or that they had good right and authority to sell the same, and could execute or procure to be executed a good and sufficient conveyance of said hereditaments free from all incumbrances except as in the said bill mentioned, or otherwise except as aforesaid; whether the Saith that except as he is informed by the said bill he is wholly Saith that he is unable to set forth whether or not the said plaintiff was at the time in unable to state the said bill mentioned anxious to purchase a residence and estate in plaintiff was that part of the country where the said manor and other heredita- chase a residence, anxious to purments were situate, or whether or not he relied upon such alleged or whether he statements as are in the said bill mentioned to have been made by statements althis defendant's said co-trustees; leged in the bill. relied on the Denies that he ever made any such statements to the said plain- Denies having tiff; made any such statements. Saith that he believes it to be true that two parts of the said Believes that agreement hereinbefore mentioned were prepared, and that one of two parts of |