brown and how February Joseph brown make his will wherein be a provision to  the follow effect the will take notice that a estate have descend to the wife  of the testator and that that estate be sell for pound which money be in the  hand of the will far take notice that it be agree between Joseph and jane that  this money shall be dispose of in such manner as they shall think proper and  that the feesimple estate of Joseph shall be dispose of in the like manner  accord the will direct and jane approve of the same by her sign it that pound  part of the pound and likewise all the feesimple estate shall be to how his  heir executor and administrator in trust for jane for life the remainder to  Edward their son and the heir of his body in case he shall continue in his  right mind but the will take notice that Edward have at some time commit act  of lunacy and therefore the will Barnardiston provide that if he shall be a  lunatic he shall be allow but pound per Ann beside a estate which he will be  entitle to as remainder man in tail under the settlement which be make upon  the marriage of Joseph and jane and that in that case both the pound and the  feesimple estate shall go to their two daughter in Joseph die but some time  before his death he commit Edward to the custody of cross under the  apprehension of his be a lunatic and in this manner Edward continue at the  time of the death of Joseph one of the daughter mention in the will of Joseph  intermarry with Zachary Baily the other of they intermarry with Edward Baily  after the death of Joseph jane make her will she thereby take Noticethat  Barnardiston er p Edward be a lunatic and on that account give pretty large  legacy to Zachary and Edward Baily in she die and during the time that she  survive Joseph Edward continue in the custody of cross after the death of  Joseph and jane how enter upon the possession of the feesimple estate he  continue Edward under the custody of cross for six month after the death of  jane cross then come and ask he for a quarter be pay for the custody of Edward  but he tell he that he have no money in his hand arise from the estate of  Joseph cross then ask he whether he may stop the clothes of Edward and he tell  he he may at the six month end Edward be release out of Crosslys custody under  a a human being replegiando and he be in a manner naked nor be he indeed a  lunatic but only commit act of extravagancy when he be drink as soon as he be  discharge out of custody he apply to how Barnardiston for some money but be  not able to get any of he how tell he that the tenant will pay he no rend  about this time how make a proposal to Edward that he shall agree that how  shall be allow the cost that he have be put to in relation to the management  of this trust and that he shall put up a monument for Joseph but in case he  shall not agree to this he tell he he will take out a Commission of lunacy  against he Edward do not agree to the proposal and thereupon how sue out such  a Commission Edward then apply to the tenant to get some rend from they  himself but Zachary tell the tenant they must not pay the rend to Edward but  must pay it to how and how do receive pound of they which be half a year rend  and that be all that he can get in a application be make to the court to  appoint a receiver of this estate how oppose the motion but notwithstanding  the court direct that there shall be one some short time after another  application be make to the court namely that they will supersede the  Commission of lunacy which how have take out and the court accord do supersede  it chief for this reason because it be so long ago since it be take out and it  have never be execute however the court give liberty to how to sue out a new  Commission which how accord do but do not yet execute that Commission the  present bill be bring by Edward against how and likewise against Zachary Baily  and his wife and against Edward Baily and his wife pray among other thing a  account of the rend and profit of the estate of Joseph which how have receive  and to have the deed relate to the estate of Joseph which Zachary have in his  custody deliver up to the plaintiff Barnardiston Lord chancellor say that the  only question of difficulty in the present case be who shall pay the cost of  this suit and his lordship opinion be that the cost ought to be pay by how and  Zachary Baily he say his reason be these it be indeed true that with regard to  the first part of the behaviour of how in continue Edward in the custody of  cross there be nothing that be blameable for he find he there by the order  both of the father and the mother however after the mother death Edward be not  in such a condition as to be account a lunatic and accord he get himself  discharge out of the custody of cross by a a human being Repleqiando and what  be the behaviour of how on that occasion it be admit by he that though he give  direction to cross for the continue Edward under this confinement and though  he be in possession of the feesimple estate of Joseph and be entitle to  receive the interest of pound yet when cross apply to he only for a quarter be  pay for the custody of Edward he refuse to let in have it under pretence that  he have not money from the estate in his hand and when cross ask he whether he  may detain the clothes of Edward for the pay he consent to his do it this be  real a Act of cruelty consider then his behaviour with regard to the estate it  appear that after the death of the mother he take possession at least of the  feesimple estate which be devise by the will of the father he have swear  indeed that he do not take possession of the settle estate and there be no  sufficient proof that he do however by the proof there be no distinction make  to show that he do not take possession of that estate likewise it be say that  he never receive but one half year rend amount to pound and that in a receiver  be appoint but what have he to do to retain the actual possession of any part  f the estate there be no colour for his do it unless Edward have be real a  lunatic Barnardiston indeed if Edward have appear to be so he will have be in  Barnardiston er p title to have receive the rend in order to have pay they to  the person to who they be devise over under that contingency but nothing  appear of his be actual a lunatic and now it must be take that he be not and  only that he commit act of extravagancy and disorder when he be drink the  plaintiff therefore be entitle to have the possession of his estate but  instead of let he have it how think proper to keep he out of it and insist  that he be the person entitle to receive the profit this bring the case home  to Zachary Baily and show that both of they be faulty in this respect Zachary  so much interpose in this affair that he go to the tenant tell they that how  ought to receive the rend and that they must pay they to how his lordship say  that he do not in this case rely upon any particular word in the deposition  but from that which result from the whole bywhich it appear that there be a  contrivance between how and Zachary to keep the possession of this estate for  the benefit of the child of the bailiff here be a Commission of lunacy take  out and never execute the tenant forbid to pay to the proper person and all  this be for the benefit of the child of the bailiff in case it can appear that  the plaintiff be a lunatic upon these ground his lordship opinion be that how  and Zachary ought to pay the cost of this suit as be the author of it and so  his lordship be please to decree accord