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![handle is hein.slavery/ssactsengr0673 and id is 1 raw text is: BLAKE V. BUNBURY
[21] BLAKE against BUNBURY. In Court during term. Lincoln's Inn Hall, 10th July
[1792]. Lords Commissioners Eyre, Ashhurst, and Wilson.
[See In re Vardon's Trusts, 1884, 28 Ch. D. 130.]
[S. C. 1 Ves. jun. 514.1-A. by marriage settlement provides an annuity for the eldest
son of the marriage: he afterwards, by his will, gives to the eldest son a real estate for
life, with remainders over, and confirms the settlement : the eldest son must elect
between this provision and the annuity. (Upon the subject of election, the most
comprehensive and elaborate statement of all the authorities will be found in Mr.
Swanston's valuable notes to Dillon v. Parker, in the first volume of that gentleman's
Reports, p. 381 et seq., and 394 to 409.)
The late Sir Patrick Blake, then an infant, by virtue of an act of parliament enabling
him so to do, by indenture, bearing date 13th April 1762, and made previous to, and
in contemplation of, his marriage with Annabella, the daughter of the Rev. Sir Wm.
Bunbury, Bart. and for making provision for an eldest son of that marriage, granted
to the trustees in that indenture, a clear rent charge of £2000, to be issuing and payable
half-yearly out of all his plantations, lands, and hereditaments, slaves and appurtenances,
in the island of St. Christopher in the West Indies, and to commence from the death of
the said Sir Patrick Blake, in trust for the first son of the said intended marriage in
tail-male, with remainder to the second, and other sons in tail-male; and demised the
said plantations to the trustees for a term of 2000 years, in trust for better securing
the said rent charge. There was a proviso, that this rent charge should cease upon Sir
Patrick Blake's settling, within a limited time, lands in England of the same value,
to the same uses.
By indenture, bearing date 19th June 1778, between Sir Patrick Blake, and the
trustees therein named, Sir Patrick Blake granted his manors of Langhorne, and Bard-
well, in the county of Suffolk, to secure the sum of £15,000 in trust for his younger
children.
Sir Patrick Blake, by his will, dated 3d June 1784, devised all his real estates in
the island of St. Christopher in the West Indies, and also in Creat Britain, to trustees,
in trust, to convey the same to the said trustees for a term of 500 years, in trust, with
the rents of the said estates, or by sale or mortgage thereof, to raise such sum of money,
as, with the money produced by the testator's real estate, should be sufficient to pay
the annuities therein given, and to raise certain sums of money payable at the times,
and in the manner therein mentioned, and, subject to the said term, to the use of the
plaintiff (by the name and description of his eldest son Patrick Blake) and his assigns
[22] for life sans waste, remainder to trustees to preserve contingent remainders;
remainder to his (plaintiff's) first and other sons in tail-male ; remainder to testator's
second son in like manner, with divers remainders over, with an ultimate remainder to
his (testator's) right heirs; with powers to the tenants for life, when in possession,
of jointuring, charging with portions for younger children, and leasing; and the
testator devised lands, for the purchase of which he had contracted, and his house in
Portland Place to similar uses ; and the testator devised all his plantations, &c., in the
island of Montserrat in the West Indies, to the same trustees for 500 years, to commence
at his death, sans waste ; in trust out of the rents and profits, or by sale, to raise £7000
for his younger son, James Henry Blake, at twenty-one, or, in case he should die before
that age, to sink into the estate, and subject thereto, he gave the said plantations, &c.,
in Montserrat, to his son (the plaintiff) Patrick Blake for life, with remainders over :
and he did thereby ratify and confirm the settlement, whereby his said son James Henry
Blake, and his said daughter Annabella Blake, his only surviving younger children by
his late wife, would be entitled to the sum of £20,000 in equal portions, so far as the
same related to his said children, and gave his personal estate, after payment of debts,
&c., and completing the said contract, unto his said son the plaintiff, in case he should
attain twenty-one, his executors, &c., and appointed the trustees executors of the will.
The plaintiff's bill prayed that the trustees might execute a conveyance or settle-
ment of the estates of the testator, according to the directions of the will, and that posses-
sion of the said estates and of his estates in the island of Montserrat might be delivered
to plaintiff, he submitting to keep down the annuities, and other sums charged thereon,
and for an account of the personal estate, and possession thereof.
4 BRO. C. C. 21.](ViewImageLocal?handle=hein.slavery/ssactsengr0673&div=1&collection=&method=preview&ext=.png&size=3)