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Honoured Sir, London 5' Maij 1727. I herewith prscnt, Mr: Mead's opinion concerning the late Lady Darwentwaters rentcharge, to whom I put a 2d quer', in ord'r to your indemnity, and you will observe he advises the dircccon of the Court of Chancery before you pay the money, and accordingly I intend to give Mr Rooke notice thereof, being now in Towne, pressing earnestly to haue itt, w'ch was the reason, together w'th your sentiments of the 19th past, of my takeing this 2d opinion, and if Mr Petre pleases he may haue an opportunity of proposeing to the Court his claime in behalfe of his Lady & all others concerned, and an amicable Decree may be had for their Satisfaccon as also for your indemnity. I haue attended the Committee of Governors of Christ Church hospitall, who seemed unprepared for a treaty, & adjourned itt therefore to a further time, Sine die, & promis'd notice when they expected my attendance, and 'tho' I have made a considerable interest w'th Some of their members yett I almost despaire of Success, Since I am Sensible they give roome for other bidders by this adjournm't. I haue rec'd the Deed of Conveyance by Mr Hunter w'th my vouchers, & a Duplicate of my honoured Ladys acco't but not the Duplicate of your owne acco'ts w'ch I sent inclosed in a letter for your perusall a litle before his departure from hence ab't the time Mr: Thorold tooke charge of 'em, if itt be mislaid or miscarried I will send another upon notice. This moment I haue the honour of yo'rs of the 7th, and am extremely glad that Mr: Tho: Webb is in so faire away of recovery, I beseech God to give him & continue you my honoured Lady and all your dearc family in perfect health, and will not faile to take due care of your bill when pr'sented. I expect Mr: Rowl'd Belasyse this night and that to morrow he will execute the Deeds, and I doubt not but the money will then be paid : but as Ind' Comp'es Bonds are advanced to 52 pr Cent prem' I Humbly request your further direccon before I buy, because wee continue very uncertaine whether peace or warr, and one wou.d not lose halfe a Yeares interest or run the risque of itt if possible, but as you are in amore certaine way of intelligence than wee are here, I hope to haue the honour of yo'r Speedy commands being w'th all Duty & Submiss'n Hono'rd Sir Yo'r most faithfull & most obedient Serv't Hen: Rodbourne. Mr Pigot Mr Gyles the Proct'r & I haue taken true paines for Mad'm Steinghen, & att this time I am labouring hard for an accommodacon w'ch I hope to effect. Mr Mead's opinion. By Deed of Separacon dated 6th of ffebruary 1700 made Between A & the Trustees of B his wife the s'd A agreed w'th the s'd Trustees, that they should raise & pay to B his s'd wife the sum of 1000 pr ann' tax free in lieu of 400 pr Ann' Separate maintenance & Joynture. And Setled the rents & profitts of divers Baronyes, Mann'rs, Lands &c: the term of 99 yeares, lu Trust, to pay the s'd B 1000 pr ann thereout, for the terme of her life, att 4 paym'ts Viz: the 1st of May the 1st of August the 1st of November and the 1st of ffebruary by even and equall porcons, and to pay the overplus to the said A his heires and Assignes, and w'ch s'd Sum of 1000 was rec'd by the s'd B for Severall yeares accordingly. B dyed on the quarter day the 1st of Novemb'r 1726 ab't 10 of the Clock att night. 1 Quer. Whether the Adm'r of the s'd B the wife, or the heir att Law of A be intituled to the Quarterly Sum of 250. She dyeing on the saide day att the hour above menconed. Opin' This case as it is here Stated Seemes to me to be different from ye case of a rent reserved or pay'ble by a ten't out of land : for in that case ye Law has Setled the time att w'ch the rent is due, Viz: att midnight, and itt has been resolved, even in equity, that if a ten't for life dyes on Mich'ms day, on w'ch the rent was pay'ble that ye Joyntrefs or next in rem'dr Shall be intituled to the rent, w'ch grew due on Mich' mas day, pr'ferably to the Execut'r or Adm'r of ye Ten't for life ; 'tho' even ye case hath since been rendred doubtfull, by another resolucon. But this Case arises on a Trust, & the Trustees haveing a legall Estate in them, whatever rent issues out of the lands, itt in point of Law belongs to them, & how they Shall dispose of itt, on ye foot of or in execucon of this Trust, is the proper question, had the Trustees p'd ye 250 to B on ye morning of ye 1st of November, on ye evening of w'ch s'd day She dyed, I apprehend itt could not haue been said to have been a breach of trust, and I am inclined to thinke since A was only to haue ye overplus, after the 4 quarterly paym'ts were made, on ye 4 dayes of paym't, yt ye Adm'r of B will be intituled to the 250 w'ch was to haue been paid, on ye day on w'ch B dyed. 2 Quer. If the Adm'r of B be intituled to the s'd arreare and the heir of A being an Infant, under the tuition of C his Guardian. 2 Quer. Whether itt will be Safe for C to pay the s'd Sum of 250, without direccon of the Court of Chancery. I am far from thinking the Case So cleare, as that the Guardian of the Infant Should on a Single opinion, conclude himselfe Safe in ye paym't of the 250. & Since 'tis the concerne of an Infant, I apprehend that itt may be very proper, that the Representative of B should Exhibit a bill ag'st the Trustees of the 99 Yeares terme, and the Infant heir of A to haue Satisfaccon of this 250 out of the Trust Estate. Sam: Mead, 29 Apr' 1727.
PSAN 3rd ser, Vol 7, (1915-6), pp.102-3