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![handle is hein.slavery/ssactsengr0630 and id is 1 raw text is: 226 MARCH (LADY) V. FOWKE R.EP. TEMP. FIC C, .414.
[4141 It was decreed, that the said Bond should stand as a good Bond of the
Penalty of £400 for the Payment of the said £280, and that the Defendant shall pay
both the Principal and Interest, so far as he hath Assets ; and that the personal Estate
be first applied for that Purpose, and what falls short to be paid out of the real Estate.
And that this Bond take Place before any other Bond, on which Judgment hath
not been obtained before this Term, and that on Payment of the Money, it shall be
delivered up and cancelled.
The Lady ANNE MARCH, Widow and Executrix of Sir GEORGE MARCH, Plaintiff;
JOYCE FOWKE Widow, THOMAS WROTH Esq. and DOROTHY his Wife, HENRY
WALKER Esq. and SARAH his Wife, RICHARD, JOHN, THOMAS, and MARY FOWKE,
Children of the said JOYCE, and Sir FRANCIS PEMBERTON and others, Trustees of
the said Sir GEORGE MARSH, Defendants.
Trustees decreed to execute their Trust by Sale of Lands to pay Debts, &c., and the
personal Estate not to be subject to the Payment thereof.
Sir George March being seised in Fee of the Lands in the Bill mentioned, did by
his Bill dated 27 March 1672, devise the same to the Plaintiff Anne his Wife for 80
Years, if she should so long live; and afterwards to Sir Fran. Pemberton, and other
his Trustees for 99 Years in Trust, that by the Perception of the Profits, or by the
Sale of the said Estate, they might pay his Debts; and afterwards to Richard Fowke,
and the Heirs Males of his Body, Remainder over, &c.
And he devised to the Plaintiff the Lady Anne Marshall, all his Plantations in
Nevis, and his Negroes, Servants, Goods, Stock, and all his personal Estate whatsoever
to her own Use having charged his real Estate for the Payment of his Debts, that his
personal Estate might come clear to her; and made her sole Executrix, and died.
The Testator was indebted to several Persons, amounting in all to £994, and by a
Deed in July 1656, he had covenanted to pay to the Children of Joyce Fowke £1000
within a Year after the Decease of his Father Rich. Marshall, if the said Richard did
not pay the same in his Life-time.
And now the Plaintiff, the Lady Anne Marshall, exhibits this Bill, to enforce the
Trustees to sell the Lands, or so much thereof as will be sufficient to raise Money for
Payment of the Debts; or that if the said Lady (the Plaintiff) should be compelled
to pay them out of the personal Estate, then that the Lands may be conveyed to her
to reimburse her.
[415] The Defendants set forth several Deeds, by which the Testator obliged him-
self to pay several Sums therein mentioned to them and their Children, and insist by
their Counsel, that the personal Estate ought in the first Place to stand charged, and
not the real till the personal shall be not sufficient; and that some of them claim Part
of the real Estate by Virtue of those Deeds; and that the Debts are still owing with
Interest ; and the Trustees submit to do as the Court shall direct being indemnified.
The Court decreed the Trustees to execute the Trust by Sale of the Lands appointed
to be sold to pay the Testator's Debts, and the Money due to the Children of Joyce
Fowke with Damages; and to pay the Widow Dame Anne Marshall so much Money,
as the Yearly Value of the Lands sold shall amount unto, after the rate of 7 Years
Purchase for her Estate for Life, in such Part of the Lands which shall be sold for the
Purpose aforesaid.
Sir JOHN TUFTON Bar. Plaintiff; JOHN HAWTRY Esq., Defendant.
The Bill was, to supply a Defect in a Settlement of Lands on the Plaintiff, the better
to enable him to pay his Debts.
This Cause coming on upon a Bill and Answer, the Court would make no Order
without a Replication and Proofs.](ViewImageLocal?handle=hein.slavery/ssactsengr0630&div=1&collection=&method=preview&ext=.png&size=3)