to the use of John Page and Jonathan Tyers for 500 years, and subject to that term, to the use of John Parker, his heirs and assigns, the trusts of the term of 500 years were to raise portions of 4,000l. each for Catherine and Margaret Sophia Parker, subject to a proviso that if they died before the portions became payable, or married without the consent in writing of Sir Henry John Parker, if living, or of the trustees if he should be dead, such portions should not be raised, but should cease, for the benefit of the person or persons next in remainder. This settlement contained a power authorising Sir Henry John Parker, with the consent of John Page and Jonathan Tyers or the survivor, by deed or writing, executed in the presence of two witnesses, to revoke the uses, and create new uses, provided the same were for the benefit of the said John Parker, Catherine Parker, and Margaret Sophia Parker. Sir Henry John Parker afterwards, in the year 1758, sold the other moiety of the Hatch estate to John Page. Catherine Parker and Margaret Sophia Parker . married without the consent of their father. John Page, by his will, dated the 3d of January 1764, devised his freehold messuages, &c. in Throgmorton Street, London, and also his undivided moiety of the Hatch estate, which he had purchased of Sir Henry John Parker, unto and to the use of his grandson, John Parker, and the heirs of his body lawfully to be begotten, with remainders over; and he gave the residue of his personal estate to his three grand-children, John Parker, Catherine Parker, and Margaret Sophia Parker, equally to be divided between them. He died in the year 1765. 1833. DILLON บ. PARKER. 1833. DILLON v. PARKER. John Parker attained the age of twenty-one years in the beginning of the year 1766, and thereupon he became seised in fee simple in possession of one undivided moiety of the Hatch estate, by virtue of the trusts of the settlement of the 25th of October, 1753; he was also, under the will of John Page, seised of an estate tail in possession in the other undivided moiety of the Hatch estate, &c.; he was also entitled, under the will of John Page, among other personal property, to a third part or share of a large bond debt due from Sir Henry John Parker to the estate of John Page. In the year 1767, John Parker levied fines, and suffered recoveries of the moiety of the Hatch estate, &c., and limited them, together with the other moiety of the Hatch estate, to which he was entitled, under the settlement of the 25th of October 1753, to such uses as he should by deed or will appoint, and for default of appointment to himself for life, with remainder to his father, in fee simple. In the beginning of the year 1762, the creditors of Sir Henry John Parker had become pressing; several actions had been brought, and some judgments obtained against him; and his furniture and other effects at Talton, having been taken in execution, he borrowed a sum of 7001. of one John Treacher to satisfy the debt; and by a deed dated the 19th of January 1762, he assigned the furniture and the other effects to Treacher to sell, for the purpose of repaying his loan. By a subsequent deed, dated the 13th of February 1762, between Sir Henry John Parker, of the one part, and Thomas Snow, gentleman, of the other part, reciting the above-mentioned deed of the 19th of January 1762, Sir Henry John Parker assigned to Snow the surplus money which should arise from the sale of the effects (after payment of the money due to Treacher, and the expenses), and also the rents and profits of all his estates (except those of the estate in Wiltshire, which came to him from Robert Hyde, amounting to the annual sum of 701. or thereabouts), for a term of seven years, or until such time as the debts therein mentioned, and the incident charges, should be satisfied, upon trust, to apply the same in manner therein mentioned in or towards payment of the debts therein specified, which were then due from Sir Henry John Parker, and of such other debts as within the said term of seven years might appear to be justly due and owing from him. The bill filed by the Appellant contained allegations to the effect before stated, and then proceeded to make the following case: Immediately after John Parker came of age, Sir Henry John Parker, with the view of relieving himself from his embarrassments, entered into an agreement with his son, by which the latter was to become a purchaser of his life estate and reversionary interest in the estates at Talton and Tredington, in consideration of a sum of 700l. and of an annuity of 2001. per annum, to be paid to him (Sir Henry John Parker) for his life. A deed, or an agreement in writing, was executed by Sir Henry John Parker and his son for carrying this arrangement into effect, or connected with it. Mr. John Parker, soon after his attaining the age of twenty-one years, became, by virtue of the above-mentioned agreement with his father, entitled in any event, for the time being, to the estates at Talton and Tredington; and resided in the year 1768 at the mansion house at Talton. He also 1833. DILLON V. PARKER 1833. DILLON V. PARKER. laid out a sum of 1,500l. in rebuilding the house in Salisbury Court; and exercised various acts of ownership over the property, particularly by granting a lease for twenty-one years. Mr. John Parker having purchased another estate at Armscott, in the parish of Tredington, made his will, dated the 2d of August 1769, and duly attested so as to pass real estates, in which he described. himself as of Talton; and thereby, after directing all his just debts to be fully paid and satisfied, he gave and devised all his freehold and leasehold estates whatsoever and wheresoever, that he was seised or possessed of, or otherwise was or should be entitled unto, in reversion, remainder or expectancy, unto his father the said Sir Henry John Parker, and his assigns, for his life; and from and after his decease, he gave and bequeathed his estate in Shorter's Court, and the moiety of his estate at Hatch, and all such other his real estates as were devised to him by the will of his late grandfather John Page, unto Henry Parker, esquire (the father of the Respondent), and Daniel Fox, their heirs and assigns for ever, upon certain trusts thereby declared, for the benefit of his sisters, Margaret Sophia Strode and Catherine Garstin; and in case his said two sisters should happen to die without issue before the above-mentioned estates should be conveyed to them by virtue of his will, then he directed that the same should be conveyed and assured unto his own right heirs for ever; he then gave and devised the manor and capital messuage called Talton, with the estate thereto belonging, the farms called Tredington Farm and Knowland's Farm, in the parish of Tredington, and all other his manors and estates in Worcestershire and Warwickshire, his house in Salisbury Court, the other moiety of his estates at Hatch, and all other estates He afterwards made a codicil to his will, which is dated the 2d of September 1769, and which was duly attested so as to pass real estates, and thereby he gave and devised unto his father, his heirs and assigns for ever, the estate at Armscott. And after reciting that his father formerly executed a bond in the penal sum of 2,000l., conditioned for payment of 1,000l. and interest to his late grandfather, John Page, the third part whereof, in case the same 1833. DILLON บ. PARKER. |