same,

tained and secur ed, and that they might be declared

entitled to have a sum of £6666

m

absolutely, or in all events to some interest greater than a life estate therein, and the plaintiffs charge and humbly submit that according to the true construction of the said will of the said testator P. E. M. the said defendant S. H. is entitled only for her life to the yearly rent or sum of £3000 by and out of the annual income of the real and personal estates of the said testator if such income shall be sufficient for that purpose, and that subject to such yearly rent or sum of £3000 or to so much thereof as shall be produced by the annual income of the said real and personal estate, the same belongs to the plaintiffs the children of the said J. E. M. in equal shares; Thereføre that the defendants in the second mentioned cause might answer the matters aforesaid; And that they might have the benefit of the Praying that the said suit decree decretal orders report and proceedings in such have the benefit plaintiff's might manner as this court shall direct, and might be at liberty to pro- of the former proceedings, and secute the same; And that the rights and interests of the plaintiffs be at liberty to under the will and codicil of the said testator P. E. M. might be prosecute the ascertained and declared and secured for the benefit of the plain- that the rights tiffs, subject to raising and paying of the said trust fund or sum of and interests of the plaintiffs £6666. 3 per cent. consolidated bank annuities; And that it might might be ascer be declared that the plaintiffs are entitled to have the said trust fund or sum of £6666. 3 per cent. bank annuities raised and secured for their benefit; And that the said sum of £100 per annum long annuities standing in the name of the said Accountant-General in trust in the said cause Gooch v. Haworth, and the said sum might be applied of £2050, the dividends thereof received by the said late receiver towards raising the same, and the C. T., and the subsequent dividends of the said long annuities, deficiency raised ought to be applied towards raising the said sum of £6666 bank out of the tes annuities, and that the deficiency ought to be raised out of the personal estate; estate and effects of the said testator P. E. M., and that the said long annuities the sum of £2050 and subsequent dividends might be applied accordingly; And that the deficiency might be raised accordingly out of the real and personal estate and effects of the said P. E. M., and that for that purpose it might be declared that that it might be the said P. E. M. was at the time of his death a trader within the true intent and meaning of the laws relating to bankrupts; And trader liable to the bankrupt that it might be declared that the plaintiffs are entitled to stand in laws; the place of the said J. R. as creditors upon the said mortgaged and that the estate for the said sum of £2050 part of the said sum of £3000 be declared enplaintiff's might paid to him as aforesaid and the interest thereof, and that the plain- titled to stand in the place of a tiffs might have the benefit of the said mortgage security accord- mortgagee for ingly; And to be relieved is the scope of the plaintiffs' bill in the part of a sum paid to him; second mentioned cause; Whereto the counsel for the defendant S. H. alleged that &c. [stating the substance of the answers of the

stock raised, and

that certain funds

tator's real and

declared that the testator was a

Decree.-The

plaintiffs in the second cause en

titled to the be

nefit of the pro

ceedings in the original cause, and to prosecute the same as par

ties thereto. Directions to the Master to carry

on the account

personal estate from the foot of his report; question reserved as to application of specific legacies

to payment of debts;

the Master directed to carry

account from the

well proved, and

several defendants;] Whereupon and upon debate of the matter and hearing the decree dated the 18th day of April 1820, the report dated the 6th day of December 1824, an exhibit marked ( A ), being the will of P. E. M., the codicil thereto, and the proofs taken in these causes read, and what was alleged by the counsel on both sides, THIS COURT DOTH DECREE that the plaintiffs in the cause of Mestaer v. Gooch are entitled to the benefit of the proceedings in the original cause Gooch v. Haworth, and doth order that of the testator's they be at liberty to prosecute the same as parties thereto; And it is ordered that it be referred back to the Master to carry on the account of the testator's personal estate from the foot of his report dated the 6th day of December 1824; And this court doth reserve any question as to the application of the specific legacies given by the will of the testator P. E. M. to the payment of the said testator's debts; And it is ordered that the said Master do carry on the account of the defendant G. G. from the foot of his last acon the executor's count, and therein charge him with the sum of £500 allowed to him foot of the last ac- in the schedule to the said Master's report dated the 19th day of count, and charge June 1821, on account of his legacy under the said testator's will; him with a legacy retained by him; And this court doth declare the will of the testator P. E. M. well Testator's will proved, and doth declare that the said testator having been a declared to be trader at the time of his death, his freehold estates are liable to the payment of his simple-contract debts in case of a deficiency of his personal estate, and that J. E. M. and L. M. M., and P. M. J. E. M. and M. M. infants, his children, are to be considered as creditors on the estate of the said P. E. M, to the amount of £6666 bank annuities; And it is ordered that the amount of £6666 said Master do take an account of what is due under or by virtue of the indenture of mortgage made to J. R. in the Master's report mentioned; And this court doth declare that the testator's copyhold estate at and all the freehold and copyhold estate of the said testator not exceeding £3000 per annum, are well devised to the defendant S. H. for her life for her separate use, with remainder to the children of the defendant J. E. M. as tenants in common in fee, and are not subject to the legacies given by the said testator's will; And it is ordered that the said Master do take an account of what is now due to the estate of the said testator P. E. M. under the indenture of the 31st day of December 1796 in the pleadings of this cause mentioned; And it is ordered that the said Master do take an account of the dividends which would have under a certain accrued due in respect of the £6666 bank 3 per cent. annuities, in case the same had not been sold out; And it is ordered that the of the dividends said testator's shares in the Theatre Royal Drury Lane be sold by

his real estates liable to the pay

ment of simple contract debts, and the plaintiffs

in the second cause to be considered as creditors to the

stock;

an account to be

taken of what is due to the mortgagee.

Estates not exceeding £5000 per annum declared to be well devised to S. H. for life, with remainder to her children in fee, and not subject to legacies;

an account to be taken of what is

due to the tes

tator's estate

deed;

also an account

respect of the

case same had

the

continued and

counts;

་ ་་ "་།*

some proper person to be approved of by the said Master to the which would have Best purchaser or purchasers that can be got for the same, to be accrued due in allowed of by the said Master, wherein all proper parties are to £6666 stock in join as the Master shall direct; and in order to such sale, It is not been sold ordered that all deeds and writings in the custody or power of any out; testator's of the parties be produced before the Master upon oath; And it is shares in ordered that the monies to arise by such sale, the amount thereof theatre directed to be sold, to be verified by affidavit, be paid into the bank with the privity and the monies of the Accountant-General of this court to the credit of the said to arise therefrom to be paid cause, Gooch v. Haworth, subject to the further order of the into the bank; court; And it is ordered that the receiver of the rents appointed the Receivers in the cause of Gooch v. Haworth of the said testator's freehold directed to be copyhold and leasehold estates be continued and pass his accounts to pass their ac before the Master, and pay the balances to be reported due from him according to the order of the 28th day of May 1823; And it is ordered that the person appointed to collect and get in the said testator's personal estate be continued and pass his accounts, and pay the balance to be reported due from him into the bank with the privity of the said Accountant-General to the credit of the cause, Gooch v. Haworth, subject to the further order of the court; And it is ordered that the said Master do tax the costs of Costs of all par these suits of all parties to this time as between solicitor and client; And it is ordered that the said Master be at liberty to make separate report thereof, and also separate reports of any other of the matters hereby referred to him as he shall think fit; And it is separate reports; directions given ordered that such costs when taxed, and also the sum of £200, the out of what funds amount of the costs charges and expenses found by the said Master's report of the 6th day of December 1824 to have been incurred by the plaintiff G. G., be paid out of the said sum of £150 part of the sum of £358 cash, on the credit of the cause Gooch v. Haworth, and out of any other cash which may remain on the credit of the same cause; and in case such cash shall not be sufficient, It is ordered that so much of the £3805 bank 3 per cent. annuities standing in the name of the Accountant-General of this court in trust in the same cause, as will with the said sum of £150 cash raise the amount of such costs when taxed and the said sum of £200, be sold with the privity of the said Accountant-General, and one of the cashiers of the bank is to have notice and receive the money to arise by such sale, who upon receipt thereof is to pay the same into the bank with the privity of the said AccountantGeneral, to be there placed to the credit of the said cause; and out of the money to arise by such sale and such cash, It is ordered that such costs when taxed, and also the said sum of £200 the

a

ties to be taxed as between soli

citor and client

Master to be at liberty to make

the costs are to be paid. ezib

amount of the costs charges and expenses found by the said Master's report of the 6th day of December 1824 to have been incurred by the said plaintiff G. G., be paid in manner following, viz. &c. &c.

And for the purposes aforesaid the said Accountant-General is to draw on the bank according to the form prescribed by the act of parliament, and the general rules and orders of this court in that case made and provided; And any of the parties are to be at liberty to apply to this court as there shall be occasion.

APPENDIX.

ORDERS IN CHANCERY.

COURT OF CHANCERY,

3d April, 1828.

THE Right Honourable JOHN Lord LYNDHURST, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable Sir JOHN LEACH, Master of the Rolls, and the Right Honourable Sir LANCELOT SHADWELL, Vice-Chancellor of England, doth hereby order and direct in manner following; that is to say:

I.

THAT every plaintiff, as well in a country cause as in a town cause, shall be at liberty, without affidavit, to obtain an order for a subpœna returnable immediately; but such subpoena in a country cause is to be without prejudice to the defendant's right to eight days time to enter his appearance after he has been served with the subpœna.

Plaintiff in a country cause to be at Kberty without affidavit, to sue out a submediately.

pœna returnable im

II.

THAT a writ of subpoena to appear, or to appear and answer, shall be sued out for each defendant, except in the

Subpoena to be sued out for each defendant, except for husfendants.

case of husband and wife defendants; and that the costs of band and wife deall such writs shall be costs in the cause.