pursuance of the authority thereby given to her by the faid will, &c. as far as the lawfully might and could, did give, devife and bequeath unto her coufin W. M. of Ivy-lane, London, baker, and J. H. of the parish of St. Botolph, Alderfgate, London, baker, their heirs and affigns for ever, all her real, perfonal, and copyhold eftates, goods, chattels, plate, and effects whatsoever and wherefoever, (except the several specifick plate, rings and clothes, therein after by her difpofed of) IN TRUST thereby and thereout in the first place to pay and difcharge all her just debts and funeral charges, by fale and difpofal of of all or any of her personal estate, and after payment and fatisfaction thereof, then to pay the rents, profits, and produce of a moiety of the faid copyhold eftate at Chipperfield, in the county of Hertford, unto her hufband the faid J. T. for and during the term of his natural life, and from and after his decease, the teftatrix ordered and directed that the faid moiety of the faid copyhold eftate to be fold, and the money arifing from fuch fale to be applied to and for the purposes in will mentioned, and further by the faid will teftatrix gave to feveral perfons therein named, divers pecuniary and specific legacies, and appointed the faid W. M. and J. H. executors thereof.

SOON after making the faid will teftatrix died poffeffed of real and personal estate, fufficient to answer the purposes in will mentioned, and among others died poffeffed of certain goods, chattels, and effects to the amount of 341. which she had taken to her own use, being the property of her husband J. T. but great part of which teftatrix had given to divers perfons in will mentioned as fpecifick legacies.

N. B. The faid M. T. it is prefumed, never made any furrender to the use of her will.

The above named 7. T. is now in Bedlam, at the expence of the parish of St. Bride's, who have expended in maintaining the faid 7. T. both before and fince his being in Bedlam, the fum of 30%. or thereabouts, and as there is little hopes of the faid J. T. ever being quite fane, are liable to expend other fums of money in his maintenance, and that perhaps as long as he lives, unless the parish can fome way fecure the intereft, it is prefumed the faid 7. T. hath under the above two recited wills for his maintenance, or thereby or thereout reimburse and repay themselves.

N. B. The faid 7. T. is now fuppofed by the phyfician that attends the hofpital, to be in a fair way of doing well, and for that reafon the committee purpose to discharge him in a week's time, if he continues as well as he is at prefent, but the danger will be on his going out, when perhaps by liquor or other intemperance he may poffibly become as bad as ever.

Query. Hath the said 7. T. any, and what right or intereft under the above wills to any, and what part of the estate and effects left either by his fifter F. 1. or his wife M. T. and in what manner would you advife, or can the parish of St. Bride's proceed

for

for gaining fuch part thereof, as it is prefumed the faid J. T. is intitled unto, in order to reimburse themselves, what they have already expended on his account, and to prevent any future expence they may be liable to on the faid account?

Opinion. I am of opinion that . T. is intitled to the equity of redemption of that moiety of the copyhold eftate, which was his wife's at the time of their intermarriage, if not affigned to his creditors, and that he likewife will be entitled to the refiduum of his wife's feparate eftate, fubject to her debts and fuch legacies as the by virtue of her power of making an appointment, has charged thereupon, for F. I. having by her will directed her eftates to be fold, they are confidered as money, and there being no devife over after the death of M. T. in cafe fhe died without executing her power of making an appointment, the whole vested in her; and of consequence, if M. T's will or deed of appointment, fo far as it relates to her husband, is void and rendered of no effect by the exprefs exclufion of him in F. I's will, then as to that M. T. is dead without executing her power, and it will belong to her husband; but on the other hand, if the appointment for the benefit of the husband be good, then he may take under that; so in either of these cases J. T. will be entituled to the refiduum of his wife's feparate estate.

N. B. The executors of the above F. I. and M. T. are ready and willing to act in an amicable manner with the parish of St. Bride's, and to do all things in fuch a manner as to give the least trouble, provided that they are properly indemnified for fo doing.

Query. Therefore please to advise how, and in what manner the above perfons executors, or fuch of them as are neceffary, fhould or can fafely act in the above affair, and what is requifite and neceffary for them to do in relation to the faid parish, and the faid J. T. and if said T's wife M. deceased, by virtue of the said fifter F. I. fpinfter's will, had power to make fuch will and devises in fuch manner, as she has thereby taken upon herself to devife the fame ?

Opinion. I think the regular way would be to take out a commission of lunacy against 7. T. but as the cafe will not bear the expence of that, I think it will be adviseable that the overseers of the poor, and the churchwardens of the parish of St. Bride's, give a bond, in which they muft oblige themselves and their fucceffors, to fave harmless and indemnify the excutors of F. I. and M. T. against any payments or acts which they or any of them fhall from time to time make or do to them or any of their fucceffors, on the behalf or upon the account of J. T. Fletcher Norton.

12th October, 1744.

CASE

CASE.

G. M. died inteftate about twenty years ago, feifed of a freehold eftate in fee-fimple in his own right, leaving behind him two daughters by two different wives; the elder daughter Dorothy, her uncle W. M. only brother to the faid G. M. decealed, took under his tuition, and the younger daughter Rachel, her mother C. M. widow, took care of; and foon after a difference arofe betwixt W. M. and C. M. the guardians of the faid children, about the divifion of the real and perfonal estate of the faid G. M. between the faid children, and fubmitting themselves to a reference under the penalty of 401. each, to two perfons, as in fubmiffion bond therein named doth appear, to make a final end of all differences betwixt the faid W. M. and C. M. and accordingly they did fo, by award in writing under their hands and feal, dated 10th of April, 1716; in the faid award the lands being equally divided betwixt the faid daughters, till they or one of them fhould arrive at the age of twenty-one years. The elder daughter Dorothy died two or three years fince, and the younger daughter Rachel, being come to the age of twenty-one years, three or four months fince or thereabouts, W. M. having enjoyed the faid lands, as fet forth to her the faid Dorothy by the referrees, both as long as the lived and ever fince, as long as the lived, for her maintenance, and fince fuppofing himself to be next heir, the other moiety of the faid lands ever fince the divifion being enjoyed by the younger daughter Rachel, and her mother as her guardian.

Query. Whether W. M. the only brother to the faid G. M. deceafed, and uncle to the faid Dorothy, fhall be heir at law to the faid Dorothy, as to her moiety as above fet forth in the cafe, or Rachel, the half fifter to the faid Dorothy, both by one father, but not both by the fame mother, or how, or in what manner will the moiety go according to law?

Opinion. It is an established rule in law, that an heir must be of the whole blood of the perfon who was laft feifed of the whole eftate, and therefore I conceive that the uncle in this cafe and not the half fifter, is entitled to Dorothy's moiety of the eftate, as heir at law to her; as to what is ftated relating to the reference, I am of opinion that it will have no influence upon the prefent cafe.

T. Barnardifton, Middle-Temple.

CASE.

A.

CASE.

a merchant of London, being a great fufferer by the earthquake at Lisbon, called his creditors together, and represented to them the ftate of his affairs, and at the fame time made a propofal to them to compound his debts, and to pay them four fhillings in the pound for their respective debts; which offer of compromise they rejected, and infifted on his laying before them a particular state of his debts and credits.

A. has ftanding in his own name feveral shares in the Sunfire Office.

The creditors have been at the office, and given notice to the proper officer not to transfer the fhares to any perfon whatsover.

A. is defirous to transfer the Sunfire Office shares to one of his creditors, in fatisfaction of part of a debt which he justly owes him.

Query. Is A.'s proposal made to his creditors, in manner ftated, an act of bankruptcy, and can his creditors take out a commiffion on fuch propofal of a compofition (no other act of bankruptcy having been committed by A.)?

If the above ftep taken by A. is not an act of bankruptcy, may he not transfer his shares to one of his creditors in satisfaction of a juft debt? and will the proper officer of the Sunfire Office be juftified (notwithstanding the notice given as above) in making fuch transfer?

Opinion. I am of opinion, that the propofal made to A. to compound his debts, is not any act of bankruptcy, nor can the creditors fupport a commiffion on that account; and as A. has not committed any act of bankruptcy, he has a right to transfer his fhares to whom he pleases. He may certainly transfer them to a creditor in fatisfaction of an honeft debt; for I know no law that prevents a trader (not a bankrupt) preferring one creditor to another; but transferring them to a ftranger not a creditor, would be a fraud, and an act of bankruptcy, as confeffing a judgment where there is no debt.

5th May, 1755.

Edw. Green.

CASE.

BY

CAS E.

Y ftat. 29 Geo. 2. intituled, An act to improve, widen, and enlarge the paffage over and through London Bridge, among other things, the mayor, aldermen, and commons of the city of London, in common council affembled, are impowered to contract and agree for the purchafing of all houfes, tenements, edifices, erections, and buildings, ftanding or being on the faid bridge, or contiguous or adjoining thereto, which the faid mayor, aldermen, and commons, in common council affembled, fhall judge neceffary to be taken down and removed, for the enlargement and improvement of the paffage over, and of the avenues leading to and from the said bridge.

Sect. 8. And whereas it may happen that fome perfons or bodies politic, corporate, or collegiate, feoffees in truft, femes coverts, or others, who are feifed of fome houfes, edifices, or grounds, which may be neceffary to be pulled down or purchased, and fet out or asfigned for widening and enlarging the paffage over the faid bridge, cr of the avenues leading thereto, may be willing to treat and agree to fell fuch houses, edifices, and grounds, to perfect fo ufeful and neceffary a work, but are incapable of felling, granting, or conveying the fame; it is therefore enacted, That it fhall and may be lawful, to and for all bodies politic, corporate or collegiate, corporations aggregate or fole, and all feoffees in truft, executors, adminiftrators, guardians, or other trustees whomfoever, and for all femes coverts, and every other perfon or perfons whomfoever, who are or fhall be feifed, poffeffed of, or interested in any fuch houfes, edifices, tenements, or ground, to fell and convey all or any fuch houfes, edifices, tenements, and ground, or any part thereof, and all their eftates, rights, titles, and interests whatsoever, of, in, and to the fame, to the faid mayor, commonalty, and citizens, and their fucceffors, or to fuch perfons, and their heirs for ever, as the faid mayor, aldermen, and commons, in common council affembled, shall direct, in trust for the faid mayor, commonalty, citizens, and their fucceffors, for the purposes in this act contained; and that all contracts, agreements, fales, and conveyances, which fhall be fo made by virtue and in pursuance of this act as aforefaid, fhall, without any fine or fines, recovery or recoveries, or other conveyance or affurance in the law whatsoever, be good, valid, and effectual, to all intents and purposes, any law, ftatute, ufage, or any other matter or thing whatfoever to the contrary thereof in any wife notwithstanding; and that all fuch perfons are and shall be hereby indemnified for what they shall do by virtue of, or in purfuance of this act.

Sect. 9. It is further enacted, that where any perfons shall refufe to treat and agree, or are prevented from treating and agreeing, or fhall decline or refufe to fell, convey, and difpofe of the premifes, whereof, wherein, or whereunto, they refpectively fhall be fo feifed, poffeffed, interefted, or intitled as aforefaid, or fhall not make out a clear title to the premises, the court of mayor and aldermen are hereby empowered and authorized to iffue a precept for the fummoning

3

and