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![handle is hein.slavery/ssactsengr0660 and id is 1 raw text is: CHESTERFIELD (EARL OF) V. JANSSEN
of the testator. If that would have been so, if the plaintiff should make that election,
it will be so now : consequently they are entitled to no more out of the father's estate
than to make up £10,000. (Reg. Lib. 1750, A. fol. 606. Ent. Duke of Bridgwater
v. Lyttleton.)
(1) Where there is no residuary devise, or other particular disposition of them, the
profits of a personal estate between testator's death and the vesting of an executory
estate, or between the determination of the first limitation, and the vesting of a subse-
quent one, will accumulate for the benefit of the person next to take by virtue of the
limitations, Barnardist. 74; 3 Wins. 300.
[125] Earl of CHRSTERFIELD and Others Executors of JOHN SPENCER V. Sir ABRAHAM
JANSSEN, Feb. 4, 1750-1.
[S. C. 1 W. &T. L. C. (7th ed.) 289. See Earl of Aylesfordv. Morris, 1873, L. R. 8.Ch.
489; Benyon v. Cook, 1875, L. R. 10 Ch. 392 (n.) ; Nevill v. Snelling, 1880, 15
Ch. D. 698.]
Lord Hardwicke, Lord Chancellor; Sir William Lee, Chief Justice; Sir John Strange,
Master of the Rolls; Sir John Willes, Chief Justice; Burnet, Justice.-Post obit
security. Confirmation, &c. A. aged thirty, borrows £5000 on bond to pay £10,000
if he survives B. aged seventy-eight. A. survives a year and eight months, having
on death of B. confirmed the bargain by a new bond, &c., freely ; and paying part.
(For the modern doctrine in such instances and some of the latest cases, see the Supple-
ment, p. 297, &c. &c., particularly Bowes v. Heaps, 3 Yes. & B. 117, &c. Gowland
v. De Faria, 17 Yes. 20. Pcacqck v. Evans, 16 Ves. 512 ; and Evans v. Chesshire,
Supplement, p. 300.) No relief given in this case, except as to the penalty. (See
Hill v. Caillovel, 1 Ves. sen. .122.) (1 Atk. 301, S. C.; Cowp. 770; Brown, 1; 2
Vern. 14, 27, 121 ; 1 Wms. 310; 3 Wms. 290; 2 Atk. 133.)-[Supplement., 297.]
The state of the case upon the pleadings and proofs, as far as was material for the
consideration of the court, was shortly this :
John Spencer in 1738, being possessed of an income of £7000 per ann. and of a
personal estate in plate, jewels, and furniture, to a great value, and having contracted
a debt to the amount of £20,000 to several persons, mostly tradesmen, by whom he
was pressed, and which he was desirous to pay off, proposed to borrow money, and
particularly a sum of £5000 for that purpose. As he had a well-grounded expecta-
tion of a great increase of fortune on the death of his grand-mother the Duchess of
Marlborough, if he survived her, he resolved to contract thereon. He was above thirty;
originally of a hale constitution, but impaired: and although afterward he lived more
regular, yet he was addicted to several habits prejudicial to his health, which he could
not leave off. She was seventy-eight ; of a good constitution for her age ; and careful
of her health. He sent to market a proposal, which he supposed, would easily meet
with a purchaser; as it was natural to expect in common course, that his grand-
mother should die first, though she was a good old life, and he but a bad young one.
This proposal was, that if any one would lend him £5000, he would oblige himself to
pay £10,000 at or soon after the death of his grandmother, [126] if he survived her, but
to be totally lost if she survived him : this was rejected by several knowing persons
as not sufficiently advantageous ; as it was at first by the defendant ; but afterward
accepted by him; and a bond of £20,000 conditioned to pay £10,000 was given on
those terms. She lived six years and three months; he survived her one year and
eight months. Upon her death, it did not clearly appear who made the first applica-
tion, whether the defendant for his money, or John Spencer for delay of payment,
as he might not be able immediately to raise £10,000, although by the event he came
to a great annual estate : but it was clear, that as soon as it was proposed by the defen-
dant to John Spencer, he consented to do it : and, near two months after the con-
tingency happened, he executed a bond in the penalty of £20,000 conditioned for the
absolute payment of £10,000, at or before April following: and executed also a
warrant of attorney for confessing judgment thereon ; which was afterward entered.
John Spencer in 1745, at different times paid two several sums of £1000 each in part
of this debt; and expressed himself several times satisfied with the conduct of the
defendant; and that he should be paid his whole demand as soon as possible. The
defendant after his death sued a scire facias against his executors for an execution
2 VES. SEN. 125.](ViewImageLocal?handle=hein.slavery/ssactsengr0660&div=1&collection=&method=preview&ext=.png&size=3)