of the Rolls, the Appellants were decreed to pay the 5000l. by the first Day of Hillary Term, 1695. without Interest, but with Costs: And in Default, the Estate to be sold to raise it with Interest from that Day: And upon a re-hearing before the Lord Keeper, his Lordship confirmed the Decree, and gave a Twelve-month's further Time for Payment.
Argument for the Appellants.—And now it was argued for the Appellants, That it was proved in the Cause, that Sir Lawrence was a sickly weak Man; that on his Death-bed he declared he had made no such Agreement; but that the 5000l. was to pay his Debts, and no Part of it was to return to his Wife, and his Wife present, and not contradicting it; that it did not appear, that he had any Counterpart of this Deed, or that he ever advised or acquainted any of his own Relations with it; and the Draught of the Deed was confessed to be burnt. And further, that the Agreement in its own Nature was unreasonable, that she should have both Portion and Jointure; and that one was a merit for the other; but that both should be vested in the same Person, the Portion returned, and the Jointure enjoyed, was very hard, and therefore to be set aside: That Equity was to relieve against such pretended Agreements, as things done without any Consideration inducing them, and therefore void.
Argument for the Respondents. Decree affirmed.—On the other side 'twas insisted on for the Decree, That the Man was of Age; that there were two Treaties of Marriage, which shews a Deliberation; that here was no Mis-representation or Imposition; the Bargain in it self might be upon good Reason, the Gentleman being sickly; and the Money was to be returned only upon a Contingency of his dying without Issue. That in case of his having Issue, the Agreement was common; that perhaps she had the worst on't under all Circumstances. That all Bargains are not to be set aside, because not such as the wisest People would make; but there must be Fraud to make void their Acts; and his forgetting that he had done such an Act, when on his Death-bed, is no Reason for to annull it; and the Marriage had been a good Consideration for a Jointure of it self: And reasonable or unreasonable is not always the Question in Equity, if each Party was acquainted with the Whole, and meant what they did; much less is it sufficient to say that twas unreasonable as it happened in event; for if at the Time [22] 'twas a tolerable Bargain; nay, if at the Time this Bargain was the Meaning of the Parties, and each knew what was done, and neither was deceived, the same must stand: And accordingly the Decree was affirmed.
Thomas Arnold, Appellant; Mr. attorney general, Matthew Johson, Esq., Thomas Bedford, Gent. Respondents [1698].
[16 Lds. Jo. 292.]
Devise to charitable Uses. 2 Vern. 397. The Case.—Appeal from a Decree in Chancery: The Case was thus: One Edmund Arnold, Proctor, being seized in Fee of the Manor of Furthoe to the yearly Value of 240l. per Annum, and also of some Personal Estate; but having no Child or Brother living, made his Will in Writing, and thereby, amongst other Legacies to many other Persons, he gave to the Appellant, by the Name of his Kinsman Thomas Arnold, the Sum of 40s. all to be paid out of his Personal Estate; and then proceeds in these Words, Being determined to settle for the future, after the Death of me and my Wife, the Manor of Furthoe, with all the Lands, Woods, and Appurtenances to charitable Uses, I devise my Manor of Furthoe, with the Appurtenances, unto Sir Lionel Jenkins, Kt. William Dyer, Matthew Johnson, and Thomas Bedford, and to their Heirs and Assigns for ever, upon Trust that they or their Assigns, after the Death of him and his Wife, should pay and deliver Yearly for ever, several particular Sums to charitable Uses therein mentioned: All the Particulars amounting in the Whole to 120l. per Annum, and charged nothing further on the said Manor, but the Expences of the Trustees in the Execution of the said Trust. The said Arnold soon after died; the Wife is also since dead; Sir Lionel Jenkins and William Dyer also dead.
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