brown case thomas Lord Howard of Effingham and lady Elizabeth his wife  appellant sir John napier and other respondent et e contra that February see  now the real estate charge act a court of equity will do its utmost to fix the  burden of the payment of a mortgage where in conscience it ought to fall on  all the circumstance of the case thus in the present instance where sir John  napier estate be in mortgage and he die leave sir Theophilus his heir who upon  his intermarriage with lady Effingham settle a jointure upon her and covenant  to pay his father debt and then die possess of a considerable personal estate  which come to his wife have dispose of a real estate which be settle by a act  of parliament in trust to pay his father debt the heir at law bring his bill  against the wife to have the personal estate of her husband upon his covenant  apply to discharge the father mortgage and it be so decree but the reason  assign be because the heir have dispose of the estate so settle in trust and  then it be but just and equitable that his personal estate shall be apply to  exonerate the mortgage estate descend to the heir at law because he be  answerable for the trust estate settle for that purpose and it appear that  this part of the decree be ultimate reverse by the judgement of the house of  lord which in many respect vary the decree of the court of chancery under the  private circumstance of the case which in fact scarce form a precedent see the  case of Lawson v Lawson ante three title devise can where l be seize in fee by  descent of a estate at c and other real estate both freehold and copyhold by  his will devise the estate at c which be subject to a mortgage for pound  contract by his ancestor and also another estate to be sell and charge the  same and also his personal estate except pound due on bind which be original  part of his wife fortune and specifical bequeathe to her by the will with his  debt and legacy and devise the residue of his real estate in trust for his  brother b in strict settlement subject to a charge of pound a year to his wife  upon the copyhold estate and make his wife executrix the question be whether  under this will the personal estate of the testator shall be apply in  exoneration of the real towards the discharge of the pound and it be hold by  Lord Thurlow that it shall not but that the same shall come out of the estate  original liable to it and this decree be affirm in the house of lord see  further as to the general rule regulate the fund out of which mortgage be to  be redeem Powell on mortgage vol cap viner vol p note to can Powell on  mortgage vol cap p cite Fitzgib by the name of napper v lady Effingham sir  John Napier grandfather of the respondent sir John be in his lifetime and at  his death seize of a estate in Yorkshire of about pound per and for his life  with remainder to his first and other son by dame Elizabeth his wife in tail  male successive subject to a rend charge of pound per and for her life for her  jointure commence from his death and he be also seize in fee of the manor of  LutonHoe and other manor and land in the county of Bedford and Hertford of  pound per and subject to great mortgage and encumbrance part of which estate  of about pound per and be settle by he on his young son Archibald and Edward  Napier and their issue male on the d of march a commission of lunacy issue  against sir John Napier the grandfather and he be thereupon brown find a  lunatic and so continue till his death which happen in leave dame Elizabeth  his widow and four child namely Theophilus Archibald Edward and Frances and  soon after his death the whole family be engage in several suit and  controversy touch their respective claim to his real and personal estate sir  Theophilus the old son have give a judgement of pound penalty to his brown er  p sister Frances for secure her portion of pound give her by her father will  and mortgage his estate in Yorkshire for pound intermarry in march with the  appellant lady Effingham but receive no portion with her no settlement be make  upon the marriage so that she become dowable at law of all his estate by  indenture of lease and release date the that and that of December recite the  marriage and the lady right of dower and that sir Theophilus want money to pay  his debt have sell or intend to sell some and to mortgage other part of his  estate and that to enable he thereto she have join in levy fine and thereby  bar herself of her dower and that in consideration thereof he have agree to  make a jointure on her if she survive and a provision for their issue male and  also recite that sir Theophilus have agree to settle the Yorkshire estate of  about pound per and as after express and that such estate be subject to the  pound per and rentcharge and also mortgage to Lord Trevor for pound and  interest and charge with pound and interest to the say Frances Napier and that  sir Theophilus have agree that the say debt shall be pay out of the  Bedfordshire estate he in consideration of the premise settle the Yorkshire  estate to the use of such person or person and for such estate and use as he  and his lady shall by deed joint appoint and for want of such appointment to  the use of they two for their life and the life of the survivor of they and in  bar of her dower remainder to the heir male of their two body remainder to sir  Theophilus and his heir and assign for ever with a power of revocation by sir  Theophilus and his lady and a covenant from he to discharge the say debt out  of the Bedfordshire estate and that the Yorkshire estate shall only be charge  with the rentcharge of pound per and and be enjoy by his say wife clear of all  other encumbrance on the that of December sir Theophilus make his will and  thereby devise to his lady and her heir the inheritance of his estate in  Yorkshire and also pound per and out of his Bedfordshire estate and give her  all other his land and estate in the county of Bedford and Hertford for life  without impeachment of waste remainder to his nephew the respondent sir John  and his heir subject to a proviso that he shall not disturb the lady in the  enjoyment of the land devise to her and have charge all the premise with the  payment of his debt he make his lady sole executrix and residuary legatee of  all his personal estate brown the several suit and controversy subsist in the  family touch the real and personal estate of sir John Napier the grandfather  be afterward refer to the Lord Trevor who have make proposal of accommodation  the same be reduce into article date the saint of December between lady Napier  the grandmother of the first part sir Theophilus of the second part and the  say Archibald and Edward Napier the respondent sir John Napier and Elizabeth  his sister son and daughter of Archibald of the three part whereby it be among  other thing agree that the manor of Luton and several other manor and land in  the county of Bedford and Hertford shall be settle on sir Theophilus for his  life without impeachment of waste provide he leave on the premise at his death  pound worth of timber remainder to his first and other son in tail male  remainder to Archibald Napier for his life and to his first and other son in  tail male with like remainder to Edward Napier and his first and other son in  tail male remainder to sir Theophiluss right heir with a power to sir  Theophilus and each succeed tenant for life to make a jointure of any part of  the premise except the mansionhouse and park or by way of rentcharge subject  to tax on all the premise not exceed pound per and and that the premise shall  also be charge with pound to be pay to the say Elizabeth Napier the sister on  her marriage and pound per and for her maintenance it be also agree that the  particular estate therein mention of about pound per and shall be settle on  the say Archibald and Edward Napier for their life with remainder to their  first and other son in tail male with remainder over and with particular power  of charge the same and that all the rest of sir John Napier the grandfather  estate both freehold and leasehold in the county of Bedford and Hertford shall  be vest in trustee in trust to be sell for payment of his debt mention in a  schedule annex to the article amount in the whole for principal money to pound  beside a great if interest subject to a proviso that if sir Theophilus or his  heir shall brown er p pay the same in eighteen month then next then the trust  estate shall be settle or convey to sir Theophilus his heir and executor  respective but in case sir Theophilus or his heir shall make default in such  payment then the trustee and their heir shall sell so much of the trust estate  as shall be sufficient to pay such debt and convey the surplus thereof to sir  Theophilus his heir and executor respective and that the person in possession  of the mansionhouse shall keep it in repair and not dispark the park the  respondent sir John and his sister be infant and consequent not bind by these  article unless confirm by the authority of parliament a act be therefore that  Geo I obtain whereby the article be establish and that the same may be the  better perform it be inter alian enact that all the manor land hereditament  and leasehold estate late of the say sir Joan Napier the grandfather in the  county of brown Bedford and Hertford shall from and after the that of June be  vest in certain trustee therein name their heir executor and administrator  free and discharge of all use and estate which may be claim under any  settlement or will execute by the say sir John Napier the grandfather upon  trust with all convenient speed to settle or convey the manor and land by the  article agree to be settle to and for the use and estate therein mention and  that the say trustee shall after the that of June sell and dispose of all or  any part of the residue of the say estate both freehold and leasehold not by  the article agree to be settle and out of the money arise by such sale pay the  say sir John Napier the grandfather debt as well those in the schedule to the  article as also all other his just debt and pay and apply the overplus of the  money if any to sir Theophilus his heir executor and administrator and convey  and assure such part of the say freehold and leasehold estate as shall not be  by they sell for the purpose aforesaid to sir Theophilus his heir and executor  and it be further enact that if sir Theophilus his heir executor or  administrator shall before the that of June pay all the say debt then the  trustee be to convey the residue of the say freehold and leasehold premise to  sir Theophilus his heir executor or administrator respective for their own use  and benefit sir Theophilus in order to make a provision and jointure for dame  Elizabeth his wife by deed poll date the that of march in consideration of his  marriage with her and in pursuance of the power give he by the say article and  act do grant to her in case she survive he a annuity of pound per and subject  to tax Payable quarterly out of the settle estate for her life for her  jointure with power of distress by indenture tripartite date the that of July  recite inter alian the former settlement of the Yorkshire estate on sir  Theophiluss lady for her jointure and recite also the say act and sir  Theophiluss intention to sell the Yorkshire estate but that it can not be sell  without his lady be join therein and that he be desirous the land in  Bedfordshire shall be settle on his lady as a compensation of part with her  say jointure but that such land be vest in trustee for payment of debt as  aforesaid and that he can not make a good title thereto till the debt be pay  and the land convey to he sir Theophilus therefore in consideration of the  premise and in order to make his lady a equivalent or compensation for her say  jointure which be value at pound per and grant and assign the farm and land  therein particular mention to trustee and their heir to the use of himself for  life without impeachment of waste remainder to the trustee and their heir upon  trust to convey the same to such person and for such estate and use as his  lady by her will or deed in write notwithstanding her coverture shall direct  and appoint and for want thereof to her right heir with a power that if sir  Theophilus shall have brown more than one son or any daughter by her to charge  such premise with pound for they to be pay immediate after his lady be death  and not otherwise and a covenant from sir Theophilus that he will with all  convenient speed pay all sir John napier debt and procure the land charge  therewith to be convey by the trustee in the say act to sir Theophilus and his  heir and do any other act of assurance and that the premise shall be hold free  from encumbrance and as a security for his lady be enjoy the say premise he  enter into a recognizance of pound penalty condition for that purpose brown er  p soon after this settlement sir Theophilus sell the Yorkshire estate to the  marquis of Carmarthen for pound and thereout pay the great part of the debt  mention in the schedule to the article and in the act and leave pound of the  purchase money in the marquis hand on a mortgage at interest to secure he  against the rentcharge of pound per and to lady Napier the grandmother for her  life and pound other part of the purchase money be place by sir Theophilus in  the hand of Mr Ellingham his steward some short time afterward Archibald  Napier die leave the respondent sir John his son and heir and Elizabeth his  daughter and on the that of may sir Theophilus die without issue leave dame  Elizabeth his relict and the respondent sir John his nephew and heir at law  who by virtue of the article and act of parliament become tenant in tail of  the estate in the county of Bedford and Hertford of about pound per and charge  with the pound per and settle in jointure on the widow and with the pound for  his sister Elizabeth portion and pound per and for her maintenance and the  respondent also as heir at law of sir Theophilus become entitle to the surplus  of the trust estate vest by the act in the trustee after the debt be pay the  day after sir Theophiluss death his lady be his sole executrix and residuary  legatee prove his will and by virtue thereof possess all his ready money good  and arrear of rend and other personal estate of great value and likewise  receive the pound remain in Mr Ellinghams hand beside the pound and interest  due on the marquis of Carmarthens mortgage be compute in the whole to amount  to about pound in June the respondent sir John exhibit his bill in the court  of chancery against lady Effingham as the relict of sir Theophilus Napier and  against Edward Napier and the trustee pray a account of sir Theophiluss  personal estate and to have satisfaction for a defect of reparation of the  mansionhouse the same be leave by sir Theophilus at his death great out of  repair the bill also complain of the several settlement make by sir Theophilus  in favour of his lady except the pound per and jointure make pursuant to the  act and pray that those settlement may be set aside and that the mortgage and  brown other security pay off by sir Theophilus may be assign to attend and  protect the several reversion thereon and that the trustee in the act of  parliament may convey the trust estate accord to the article and act whereupon  lady Effingham exhibit her cross bill against the respondent sir John Napier  and the trustee and other to have the trust estate not settle on her sell for  payment of the remain debt of sir John Napier the grandfather and to be repay  the money advance by sir Theophilus in discharge the mortgage upon the trust  estate as belong to her as executrix and to have a conveyance make to her and  her heir of the estate settle on her by the deed of July to both these bill  the several defendant put in their answer and witness be afterward examine but  pen these proceed the old lady Napier the grandmother die whereby her jointure  of pound per and determine on the that of December both cause be hear before  the Lord chancellor Macclesfield who decree that so much of the trust estate  as be not comprise in the settlement of the that of July shall go and be apply  accord to the act and as to such settlement his lordship declare that no fraud  or circumvention appear to set it aside or to prevent the court from carry it  into execution and therefore dismiss so much of the respondent sir John napier  bill as seek to set aside that settlement and declare it plain appear that sir  Theophiluss intention be thereby to settle land of the value of pound per and  on the lady Effingham and her heir and it be allege that the land therein  comprise exclusive of the manor of Shitlington be upward of pound per and that  the manor itself be pound per and and that there be reason to believe sir  Theophilus do not know the value of it or be not apprise that it be include in  the settlement it be then insert between two small farm and so likely to pass  unobserved and not take notice of by he it be refer to the master to inquire  into the annual value of the say manor and state the same with all  circumstance relate to the insert it in the settlement and also to state the  annual value of the other land therein comprise and decree the trustee to  convey such other land to the lady Effingham and her heir as the master shall  direct when brown er p the debt shall be pay out of sir Theophiluss personal  estate but as to any conveyance of the manor of Shitlington his lordship  reserve the consideration thereof till after the master report as to the debt  pay off by sir Theophilus and the mortgage term by which the same be secure be  assign to he and whether they ought to have attend the inheritance of the land  or whether the lady Effingham as his executrix ought to have the benefit  thereof as part of his personal estate his lordship declare that the mortgage  term which have be assign by sir Theophilus be in his executrix a trust for  the person who be respective entitle to the inheritance of the brown several  land therein comprise for the protection of such inheritance and decree that  such of those term which concern the land belong to the heir at law shall be  assign to trustee to attend the inheritance of those land and that such of the  mortgage term as comprise the land in the settlement of the that of July shall  be assign to such trustee to protect the inheritance thereof and as to the  debt which affect the other estate his lordship declare the leasehold estate  as asset of sir John Napier the grandfather be liable to the payment thereof  and thereof over dismiss so much of the lady Effinghams cross bill as seek to  make the say leasehold estate and the mortgage term part of sir Theophiluss  personal estate and decree that sir John napier debt remain unpay shall be  first satisfy out of the say leasehold estate and that as any mortgage term  shall be afterward discharge the same shall be assign to protect the  inheritance of the land therein comprise and when the whole trust estate shall  be discharge of the debt which it be subject to then the trustee be to assign  so much thereof as be not comprise in the settlement to the respondent sir  John Napier the heir at law and direction be give touch the repair of the  mansionhouse which by the article and act sir Theophilus be to do and for take  the receiver account of the trust estate timber and wood money and appoint  another receiver but no cost be give on either side on this hear it appear by  the instruction take by Mr Bennett from sir Theophilus for draw the settlement  of July and which be produce in court that there be a interlineation make  therein for limit the inheritance of the land to the lady Effingham and write  in a different ink and Mr Bennett be present in court own such interlineation  to have be make by he after sir Theophiluss death soon after pronounce the  decree and before any report be make the master Mr hiccock surrender his  office and be succeed by the say Mr Bennett by who the settlement of July be  draw who on the and of January make a special report and thereby inter alian  state that sir Theophilus own his lady be kindness to he in her join in the  sale of the Yorkshire estate be about pound or pound per and settle on her in  jointure and desire to recompense her for it and thereupon direct the draw the  settlement of July to secure her and her heir at least pound per and as a  equivalent or satisfaction for part with her say jointure that a rental of  land be prepare by he and send enclose in a letter to Mr Bennett wherein sir  Theophilus say he have send a particular of the land to be put into his wife  settlement which amount to pound per and and desire a statute for pound may be  prepare for secure the same as to the yearly value of the manor of Shitlington  the report state the deposition of several witness take on the respondent sir  John behalf brown some of which prove the fine and quitrents and other profit  of the manor to amount to pound per and and other lea and some prove the  copyhold in hand belong to the manor to be pound per and and the fine at the  will of the Lord and the manor to be worth between pound and pound to be sell  but conclude nothing certain as to what the true value of the manor be or have  be and as to the yearly value of the land in the settlement of July exclusive  of the manor of Shitlington the master certify that the same be of the yearly  value in the say settlement mention save some small undervaluations and also  some overvaluations particular mention in his report and that one parcel call  Hanscomb Laywood value in the rental and settlement at pound per and be  together with the manor of Shitlington liable to a feefarm rend of pound S d  the confirmation of this report and some of the subsequent proceed have be  irregular as to sir John Napier the infant he by petition to the Lord Chan  brown er p cellor complain of such irregularity and on the that of June the  matter of this petition come on to be hear when the several instance of  irregularity be prove by affidavit and it also appear that the estate comprise  in the settlement of July be of great value than pound per and exclusive of  the manor of Shitlington and that the say manor and profit thereof can be let  for pound per and certain his lordship do not think proper to send it back to  the master to review his report or to give judgement thereon as the same then  be but order that the order for confirm the report shall be discharge with  liberty for the respondent sir John to bring a new or supplemental bill as  counsel shall advice to be relieve touch the say manor of Shitlington and in  the mean time the trustee be to hold court for such manor and the master to  appoint a receiver of the quitrents and fine thereof and the same be to be  apply to pay such debt as affect that estate and the surplus to be put out at  interest on security subject to further order and the master be to state the  debt of sir John the grandfather yet unpay and the appellant be to deliver to  the respondent sir John Napier a fac simile copy of the rental of the land  which sir Theophilus intend to be settle on his lady and of his letter to Mr  Bennett and of the endorsement thereon contain instruction for draw the say  settlement from the whole of this order and from so much of the decree as  direct a enquiry into the value of the manor of Shitlington or any of the  other land comprise in the settlement of July and as declare that the mortgage  term which have be assign to sir Theophilus be a trust in his executrix for  the person entitle to the inheritance of the land therein comprise and as  dismiss so much of the cross bill as seek to make those term part of the  personal estate of sir Theophilus Napier and as postpone the conveyance to  lady Effingham brown till the debt of sir John Napier shall be pay out of sir  Theophiluss personal estate and as declare the leasehold estate as asset of  sir John Napier to be liable to the payment of the debt which affect the other  estate and as dismiss so much of the cross bill as seek to make those  leasehold estate part of the personal estate of sir Theophilus Napier Lord and  lady Effingham appeal sir John Napier the infant also appeal from so much of  the decree as declare that no fraud or circumvention appear in the settlement  of July sufficient to set it aside or prevent the court from carry it into  execution and as dismiss so much of the original bill as relate to that  settlement and in support of the original appeal it be say p York c Wearg that  upon the lady Effinghams agree to part with her settlement of the Yorkshire  estate sir Theophilus promise her a equivalent for it and as that estate be  upward of pound per and any conveyance of land in fee in lieu thereof can not  be less than pound per and but consider that the land comprise in the  settlement of July be Chargeable with pound for the portion of daughter or  young child it be but just that they shall be of great yearly value than pound  for otherwise if the contingency happen and pound be to be raise thereout it  be very plain that lady Effingham will not have have such a equivalent as be  intend for her that sir Theophilus Napier be entitle accord to the act of  parliament to a conveyance of all the trust estate in question he have a power  of dispose thereof as he think proper and he have direct the settlement of  July to be prepare and the same be prepare and execute after great  deliberation and without any circumstance or colour of fraud or circumvention  it be hope that the cross appeal will be dismiss and that the respondent the  trustee in who the legal estate be vest will be decree to convey to lady  Effingham as well the manor of Shitlington as all other the premise contain in  that deed and that she shall hold and enjoy the same accord especial as it now  appear after so great examination which have occasion much delay and expense  that the respondent sir John Napier have not the least probability of be able  to impeach the deed not so much as a affidavit of any circumstance of fraud  have be hitherto produce as to the mortgage term pay off by sir Theophilus  Napier and of which assignment be take to or in trust for he his executor and  administrator it be hope that the lady Effingham as his executrix be entitle  to the benefit thereof because those assignment be take after sir Theophilus  have make his will whereof he constitute his wife sole executrix and residuary  legatee so that when he take brown er p they in his own name he well know they  will of course vest in her and it be conceive to be much more unreasonable  that the respondent sir John Napier shall have the benefit of these term when  there be not the least proof that sir brown Theophilus ever intend it but on  the contrary that he intend his wife to have the full benefit thereof that the  covenant in the settlement of July whereby sir Theophilus agree with his wife  trustee to pay sir John napier debt be intend only that she may enjoy the  estate thereby convey for her benefit clear of any of the debt of sir John  Napier and therefore ought not to be extend beyond that intention so as to  exempt the trust estate from the payment of those debt accord to the act of  parliament or to make sir Theophilus or his personal estate pay the same  unless the residue of the trust estate be deficient especial as the respondent  sir John seek to set aside that very deed under which upon this part of the  case he claim this advantage and forasmuch as the leasehold estate former sir  John napier be by the act after discharge of the debt vest in sir Theophilus  his executor and administrator to which lady Effingham as his executrix be  entitle as well as to his other personal estate it be conceive that this  leasehold estate ought only to be liable in respect of its value to a  proportion of the debt charge on the trust estate in general and that no  direction ought to have be give for a sale of it and the rather because lady  Effingham have be at the charge of renew the lease and by her answer to the  original bill have admit asset of sir Theophilus sufficient to answer any  demand of the respondent and as to the cost of the suit it be insist that  there do not appear any sufficient reason why the appellant lady Effingham  have forfeit or be not entitle to her cost and that therefore she ought to  receive the same either from the respondent sir John Napier or at least out of  the trust estate to all this it be answer t Lutwyche W peer William on the  part of the respondent sir John that as to the enquiry direct by the decree it  be high reasonable and that the circumstance of insert the manor of  Shitlington in the rental and also in the conveyance of the land to be settle  on lady Effingham between two small farm of pound and pound per and each and  there be land sufficient to answer pound per and exclusive of the manor which  be of considerable yearly value be conceive to be sufficient ground for the  court to direct such a enquiry especial as it be the case of a infant who  inheritance be to be bind and where the defence of his title appear to have be  great neglect and mismanage that the appellant acquiesce in this enquiry until  it come out that the estate comprise in the settlement of July notwithstanding  what be state by the report amount to more than pound per and exclusive of the  manor of Shitlington which be worth pound per and and as to the order of the  that of June when it clear appear to the court that the infant interest have  be neglect and that the report be defective and prejudicial to he there be  certain good reason as well to discharge the order confirm the report as for  give he liberty to prefer a new or supplemental bill wherein every thing  material on his part may be regular put in issue that brown as to the mortgage  term pay off by sir Theophilus in his life time they be raise for a particular  purpose namely to secure the money lend thereon and that purpose be answer by  payment of the money the term of course become in equity attendant on the  inheritance and if this be otherwise the money state in lady Effinghams answer  to have be say by sir Theophilus on account of these mortgage will exhaust the  whole trust estate and then sir Theophiluss father die seize in fee of the  equity of redemption of the mortgage premise such equity be asset by descent  in the hand of sir Theophilus and he be entitle to the fee and inheritance of  the trust estate when he pay off the mortgage he thereby disencumber his own  estate and his executrix ought not to have the benefit thereof as to that part  of the decree which direct the leasehold estate of sir John Napier the  grandfather to be first apply towards the payment of his debt it be just and  reasonable because it be the constant rule of equity that the personal estate  of the debtor shall be first apply in payment of his debt in case of the real  estate equity always prefer the heir to the executor or administrator and as  to cost it be insist that there be no reason why the appellant shall have any  they have insist on many thing which be determine against they and other be  reserve for a enquiry and especial in a case where it appear that the lady  have so large a share of the family estate brown er p and in support of the  cross appeal it be contend that sir Theophilus at the time of make the  settlement of July not have the legal estate in those land can not pass a  legal estate to his lady and consequent she have no mean to come at the same  but by a court of equity that this settlement be find upon recital of her be  entitle to much large dower and a more valuable jointure than in fact she be  and upon the face of it as well as from the other circumstance of the case  appear to be unreasonable and to contain extraordinary clause beside the word  for limit the inheritance be interline after the death of sir Theophilus  render it extreme doubtful whether he intend to pass away such inheritance and  dismember the same from his honour and family but at least in this as well as  any other case where a infant inheritance be in dispute during his minority  the usual time ought to be allow he to show cause against such decree on his  come of age after hear counsel on these appeal it be order and adjudge that so  much of the decree of the that of December as direct that so much of the  estate and the rend and profit thereof as be not comprise in the settlement  make by sir Theophilus Napier on the appellant the lady Effingham by the deed  of settlement of July shall go and be apply accord to the act of parliament  shall be affirm and as to so much of the say decree as order the respondent  sir John napier bill to stand dismiss so far brown as the same seek to get  aside the say settlement of the that of July the same be affirm with this  addition videlicet unless the say sir John Napier shall within six month after  he shall attain his age of year show cause to the court of chancery to the  contrary see title infant can and it be further order that the trustee shall  convey the manor and land comprise in the say settlement of the that of July  to the lady Effingham and her heir its the master shall direct unless the say  sir John Napier shall within six month after he shall attain his age of year  be serve with process of the say court for that purpose show cause to the say  court to the contrary and it be further order and adjudge that the possession  of the say manor of Shitlington and the other land comprise in the say deed of  settlement shall be forthwith deliver to the appellant in the original appeal  who be at liberty to hold court for the solid manor in the name of the trustee  in who the legal estate of the say manor be vest and such trustee be to do all  act necessary for that purpose be thereby indemnified for so do and that the  rend issue and profit of the say manor and land comprise in the say settlement  shall be pay to the appellant in the original appeal and the heir of the  appellant the lady Effingham until the say sir John Napier shall attain his  age of year and show cause to the contrary as aforesaid subject nevertheless  to the further order and direction of the say court of chancery and as to that  part of the say decree which relate to what the lady Effingham be entitle to  by virtue of the say settlement and the Lord chancellor declaration concern  the intention of sir Theophilus Napier as to the value of the land to be  comprise in the say settlement and the several allegation concern the manor of  Shitlington and the order of reference thereupon to the master to inquire into  the clear annual value of the say manor and to state the same and also the  annual value of the say other land and that the respondent the trustee shall  convey the say other land to the lady Effingham and her heir when the debt  shall be pay out of the personal estate of sir Theophilus Napier and that the  consideration of any conveyance of the say manor shall be reserve till after  the say master shall have make his report it be order and adjudge that the  same shall be reverse and all subsequent proceed direction and order of the  say court of chancery pursuant thereunto be likewise set aside and reverse and  as to all the rest and residue of the say decree the same be affirm with this  further direction as to that part of the decree which order that the debt  remain unpay shall be first satisfy out of the leasehold estate of sir John  Napier decease and the personal estate of the say sir Theophilus Napier that  the lady Effingham shall be first allow out of the say leasehold estate and  the rend and profit thereof by her receive the fine and brown necessary charge  which she pay or expend upon her renew the say lease and that if the surplus  of the money arise by or out of the say leasehold estate and the profit  thereof shall not be sufficient for the payment of the say debt the residue of  the debt remain unsatisfy brown er p shall be pay out of the personal estate  of the say sir Theophilus Napier and it be further order that the say court of  chancery shall give direction from time to time as the say court shall think  just for carry this judgement and every part of the say decree thereby affirm  into execution jour vol p