few days, they answered, annexing accounts of their receipts and payments; but taking no sort of notice of Ravely estate, and had publication passed as by consent. And, 28th October, 1676, had both causes heard, and an account directed of Skelton's receipts and payments, touching the real and personal estate of Sir Algernon Peyton; and also a yearly account from thenceforth, so long as the trust under his will should continue; and also an account of what appeared due to Skelton and his wife; and this the lands [44] in possession and reversion were to stand charged with according to the will. And, 1st December, 1676, the Master reported, that the personal estate of Sir Algernon was 307l. 1s. 7d. and payments relating to it 673l. 13s. so that that estate was in disburse 366l. 11s. 5d.
£. | s. | d. | ||||
That the rents of the real estate, to Lady-day, 1676, amounted to | 2342 | 5 | 3 | |||
And the payments relating to it | 660 | 9 | 1 | |||
And maintenance of Sir Sewster, at 60l. per ann. | 290 | 0 | 0 | |||
950 | 9 | 1 | ||||
So remained of that estate | £1391 | 16 | 2 |
Which being applied to pay the Lady's annuity of 500l. there remained still due to her and Skelton, according to that account, 1108l. 3s. 10d. which report was confirmed without objection, that account being taken just as Skelton and his Lady pleased. And, 19th and 20th November, 1677, Skelton and his Lady mortgaged that accompt, and their 500l. per ann. annuity, to Sir John Tracy for 650l. and interest to be paid in three years. And 20th February, 1679, the Master, at the like instance of Skelton and wife, made another report, taking the accompt to Michaelmas, 1679, and reported then due to them 1394l. 3s. 7d. and on the very next day an order was made, as by consent of council on both sides, to confirm that report, Sir Sewster being still an infant; and in all these accounts no notice what ever was taken of Ravely estate, though Skelton and wife had been in possession of it four years, and had received thereout near 1200l. And same day, 21st February, 1679, respondent Browne lent Skelton and Lady 1000l. (the money now in question) of which 490l. was paid to the Lady Tracy, executrix of Sir John Tracy, upon his assigning his security to Brown; and 510l. to Skelton and Lady upon their joining with the Lady Tracy; and also assigning over the 500l. charged by Sir Robert Sewster on Ravely estate, upon a proviso to be void on paying the 1000l. at four years end, and interest in the mean time; and made a letter of attorney to sue for, and recover the 1934l. in order to pay the 1000l. and interest, with covenants to pay. And Brown had also a statute of [45] 2000l. from Skelton as a further security; all which, being done at the same time, appears to be done with a design to load the Doddington and Coldham estates, and to let Skelton go away with the profits of Ravely, though Brown's mortgage takes notice of that estate, and includes 500l. charged upon it. And, 12th February, 1683, Brown agreed to continue the money a year longer; and in Trinity Term, 1685, Lady Peyton died; Brown having permitted her and her husband to continue possession all that time. In Michaelmas Term, 1685, Brown exhibited his bill in Chancery against Skelton and appellant to have his money out of the land. And appellant, by his guardian, exhibited his bill against Skelton and Brown for the writings of his estate, and for account of the profits of all the estates; and, 19th February, 1686, both causes were heard at the Rolls; and a decree for Brown to have his money, interest, and costs out of the estate, and Skelton to account; but the account, previous to the Master's reports, not to be ravelled into, and he to be allowed for maintenance of the younger children. And, 15th December, 1687, on a rehearing, the same order in effect was made; Brown being to be paid as far as the 1934l. and interest would extend; but, by that order, appellant had leave to amend his bill, touching omissions and over charges in Skelton's account, and otherwise as council should advise: And accordingly, in Hillary, 1687, appellant amended his bill, charging divers rents omitted out of the Master's report, and an overcharge of 120l. for two years' maintenance of appellant whilst he was at his grandfathers. And charging, that Brown was well acquainted with the nature and contingency of his security, and was desired to
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