request, entered into a bond for payment of 30l. to a niece and nephew of Owen Wynne, and into another bond of 40l. for payment of 3l. per annum, for several years unto his servant; in consideration whereof, and of his said resolutions and kindness towards appellant Owen, by deed, dated and executed 27th September, 1694, gave and granted unto appellant all his personal estate, and then put him in actual possession thereof; and by his will, dated the same day, devised unto him his real estate (part whereof he had purchased since his marriage) and made him his executor; and it was duly proved that, at the execution of the deed and will, Owen declared to the witnesses, that if appellant had not accepted of his kindness, he would have given all to a stranger, rather than his wife or relations should have it; and in November, 1694, died without issue, having no longer interest in Thomas Lloyd's estate, so that the 800l. was sunk; and in 1696, respondents, at the great sessions held at Carnarvon, [54] exhibited their bill against appellant and Owen Wynne, Esq. to have the said 35l. per annum paid and secured, according to the articles: And appellant and Wynne, in their answers, denied to have received one penny of the articled premisses; and the appellant denied that Owen had any personal estate at his death; but said, that what appellant had, under the deed of sale, might be worth about 400l. and 18th August, 1697, the cause was heard before John Hook, Esq. Judge of that Court, and though it appeared appellant had an absolute estate in the said Owen's articled premisses, and that the rent remained in the tenants hands, yet it was decreed that Owen's personal estate, which came to appellant, should, in the first place, answer the 35l. per. ann. to Jane for life, and that after that should be exhausted, the profits of the real estate, devised to appellant, and descended to Owen Wynn, Esq. the heir at law of the said Owen, should answer it; and decreed an account, and appellant to be examined upon interrogatories: Appellant was not so examined, but exceptions were taken by both defendants to the registers report which being argued, altho' it appeared by the report, and by some exceptions to that purpose being allowed, that all the rents remained in the tenants hands, sufficient to answer the 35l. per Annum and arrears, yet it was further decreed that appellant pay respondents 105l. three years arrears of the 35l. per annum out of the personal estate, and the 35l. per annum, as far as the personal estate, being 400l. would extend; which decree appellant insisted should be reversed, because the 35l. arising by a provisoe, with power of distress and entry, was a mere real charge on the articled premisses, and that Lloyd never requested Ellin and Owen to make a settlement according to the said articles; and because all the rents wore in the tenants hands sufficient to answer the 35l. per annum and arrears; and because the decree extends to charge lands purchased by Owen Wynne subsequent to the articles; and though the said rent charge had not been a meer real charge, yet the personal estate disposed of by Owen in his life time, ought not to have been made liable thereto; and that though the personal estate had been liable, yet it ought in the first place to have been made liable to answer Owen's debts, funeral expences, and costs of said suit, and to indemnify appellant from the 30l. and 40l. bonds; and because no consideration is had by the decree for Ellin Wynne's said [55] articled estate, lost by Thomas Lloyd's requesting said settlement from her; and lastly, because, by the articles, the rent charge is liable to taxations, trouble, and charges of distress and entry, which the decree, by charging the personal estate there with, makes it free from, contrary to the agreement in the articles.
The respondents stated, That Thomas Lloyd was, in 1683, seized in fee of lands worth 160l. per ann. and had issue, respondent, Jane, his only child, then thirteen years old, and entered into articles with Owen Wynne, then of full age, and Eleanor, his mother; (Wynne pretending he had an estate of inheritance worth 70l. per ann.) agreeing, that in consideration of a marriage intended between Owen and Jane, and other considerations, a clear yearly rent charge of 35l. should be granted to Jane for her life, out of Wynne's real estate, if she survived him, and that the inheritance thereof, should be settled on their issue, and that Owen and Eleanor should pay Lloyd 800l. as a marriage portion; and Lloyd, in consideration thereof, was to settle all his real estate, part in possession, and part in reversion, on Owen and Jane, for their lives; remainder to their first, second, and other issue, in tail; and that the marriage took effect, and Lloyd settled his real estate, and executed
