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![handle is hein.slavery/ssactsengr0796 and id is 1 raw text is: COLYEAR IV. THE COUNTESS OF MULGRAVE
attributed to it when received: a bad cause may suffer, and the evasion of justice
may be prevented, by compelling the party to disclose a material fact; but the object
is not to save the trouble or lessen the responsibility of the Judge, to protect a bad cause,
or to facilitate the evasion of justice, but, if possible, to do justice, and for that
purpose to get at the whole truth; and I confess that I have yet to learn how
concealment of the truth, or hiding from the Court that which is known to any of
the parties, and relates to the matter in question, can in any way promote justice.
Conceiving myself bound by authority, I do not make any order for the produc-
tion of the case of December the 12th, 1836. If the Plaintiff should be advised that
he is entitled to it, an application to the Lord Chancellor may settle the question.
[81] Between MARY ANN COLYEAR, Plaintiff; and THE RT. HON. MARTHA SOPHIA,
Countess of Mulgrave, Widow, THE HON. EDWARD PHIPPS, THE RT. HON.
THOMAS CHARLES, Earl of Portmore, THE GOVERNOR AND COMPANY OF THE
BANK OF ENGLAND, WILLIAM HENRY SURMAN, ANDRE LIBERT ROMAIN VIOLLET,
and HARRIET FRANCES, his Wife,JOHN AMBROSE CLERK, and JULIANA CATHERINE,
his Wife, and EDWARD ROGER, and ELEANOR, his Wife, Defendants. (By Bill
of Reviver and Supplement.) Between the same Plaintiff, and JONATHAN
BRUNDRETT, and FREDERICK WALLER, Defendants. May 6, 7, August 5, 1836.
[S. C. 5 L. J. Ch. (N. S.), 335. See In re D'Aqnqibau, 1880, 15 Ch. D. 242;
In re Flavell, 1883, 25 Ch. D. 93.]
A father, who had four natural daughters and a legitimate son, entered into an agree-
ment with his son, evidenced by certain deeds, whereby the father covenanted to
transfer the sum of £20,000 to a trustee, for the benefit of his four natural daughters,
and the son covenanted to pay the debts of the father. The son paid some of the
father's debts, and died before the covenant on the part of the father was perforned,
having by his will given the whole of his property to his father who became the
son's personal representative.
A demurrer to a bill filed by one of the natural daughters, and praying to have the
agreement executed against the estates of the father and son, was allowed.
Where two persons for valuable consideration as between themselves, covenant to do
some act for the benefit of a mere stranger, that stranger cannot enforce the covenant
against the two, though either of the two might do so against the other.
The original bill was filed iin the month of October 1834, by the Plaintiff, who was
one of the four natural daughters of the Earl of Portmore, against the [82] Countess
of Mulgrave, and the Hon. Edward Phipps, the representatives of the Earl of Mulgrave,
who was the surviving trustee under the settlement, made on the marriage of the
Earl of Portmore, against the Earl of Portmore, the Plaintiff's father ; her three
sisters with their husbands, and other parties; and it prayed that the Plaintiff and
the Defendants, her three sisters, might be declared to be entitled, under a deed dated
the 19th of August 1818, to a lien on the personal estate of Brownlow Charles Colyear,
deceased, to the extent of £20,000; and that the Defendant, the Earl of Portmore,
might admit assets sufficient to answer that lien, or that the usual accounts might be
taken of Brownlow Charles Colyear's personal estate, and that it might be declared
that the sum of £19,350, 5s. 9d. 3 per cent. Reduced annuities, in the pleadings
mentioned, formed part of the fund- on which the Plaintiff and the Defendants, her
sisters, had such lien; and that the deficiency of the sum of £20,000 might be paid by
the Earl of Portmore, out of the assets of Brownlow Charles Colyear, with the conse-
quential directions.
The Earl of Portmore answered the bill, but died on the 18th of January 1835.
A bill of revivor and supplement was filed against Jonathan Brundrett and Frederick
Waller, his executors, and the original bill was amended. The pleadings extended to
an enormous bulk and it was ultimately arranged that a demurrer should be filed to
the amended bill and bill of revivor, as the least expensive mode of determining the
question between the parties. In pursuance of this arrangement, the Defendants,
Jonathan Brundrett and William Frederick Waller, filed a general demurrer to the
2 KEEN 81.](ViewImageLocal?handle=hein.slavery/ssactsengr0796&div=1&collection=&method=preview&ext=.png&size=3)