1860, any other person or persons as partner or partners or otherwise. Witness my hand this 9th day of October, 1868. (Signed) JASPER HOLCOMBE. Signed in the presence of The schedule above referred to contains (inter June 28th. alia) the before abstracted policy of assurance. 1868, Notice of said abstracted memorandum of October 9th. deposit was given by the solicitor of the bankers to Assurance Office. 1870, July 26th. 1881, November 4th. 1882, By his will of this date the said Jasper Holcombe gave and bequeathed All his personal estate and effects whatsoever and wheresoever unto his wife Caroline Holcombe, for her absolute benefit, subject to the payment thereout of testator's debts and funeral and testamentary expenses. And he appointed his said wife sole executrix of his will. Signed by said testator, and attested by two witnesses. Said Jasper Holcombe died. Said will proved by said Caroline Holcombe March 23rd. in Her Majesty's Court of Probate at Principal Registry. 1882, Action commenced in the Chancery Division, March 29th. in which Thomas Peters was Plaintiff and said Caroline Holcombe was Defendant. After stating (inter alia) a certain indenture 1882, May 14th. of mortgage of a certain freehold estate from said Jasper Holcombe to said Thomas Peters for securing £9,000 and interest, The claim was (inter alia)— 1. That an account should be taken of what was due to the Plaintiff and the other unsatisfied creditors of said Jasper Holcombe, for principal and interest. 2. That the real and personal estates of said testator might be applied in a due course of administration. By judgment given in said action, it was ordered that the following accounts and inquiry be taken and made, that is to say 1. An account of what was due to the Plaintiff and all other the creditors of said Jasper Holcombe, the testator in the Statement of Claim named. 2. An account of the testator's funeral expenses. 3. An account of the testator's personal estate come to the hands of the Defendant, the executrix, or to the hands of any other person or persons by or for her order or use. 4. An inquiry what parts (if any) of the testator's personal estate were outstanding or undisposed of. And it was ordered that the testator's personal estate be applied in payment of his debts and funeral expenses in a due course of administration. Further consideration adjourned. Part II. OBSERVATIONS, REQUISITIONS, ETC., ON THE FOREGOING ABSTRACTS. FREEHOLD. ABSTRACT No. 1. GARFORD'S TITLE. Observations on Title. Evidence should be furnished that Percival Garford was seised in fee simple of the estate at the date of his will in 1820, and how he became seised. And it must be shown that from the time of the death of Percival Garford his daughter Maria had peaceable possession or received the rents of the estate up to her death. It may be assumed, at this distance of time, that any right of dower in a widow of Percival Garford has determined. On the death of Percival Garford in 1826, his daughter Maria became tenant in tail in possession of the estate in question. It is stated in the abstract That Maria Garford married Robert Charlton, and that the only issue of this marriage was a son, Joseph Charlton, who died in 1844, an infant. That Selina Garford married Charles Turner, and died in 1858, without having had issue, and that Charles Turner is living. That Maria Charlton died in 1864, without leaving any issue, and that Robert Charlton is living. On the death of Maria Charlton, her husband, Robert Charlton, became entitled to the estate during his life as tenant by the curtesy of England. Charles Turner has no interest in the estate, his wife never having been in possession. A careful search must be made at the Public Record Office, from the death of Percival Garford, for fines and recoveries by Maria Garford and Selina Garford (both before and since their marriages), and since 1833 for deeds of disentail by them, and it must be ascertained that neither of them barred her estate tail. Search should also be made at the Common Pleas Office in Lancaster Place, for deeds, acknowledged by either of them under the Fines and Recoveries Act; and search should also be made at the Public Record Office and at the Chancery Inrolment Office for deeds of disentail by Peter Garford and Robert Thomas Garford. Assuming that it will be clearly ascertained that neither of the daughters of the testator, or either of the present vendors, have barred their estates tail, and the remainders over, Peter Garford and Robert Thomas Garford appear to be tenants in tail of moieties, subject to the life estate of Robert Charlton. Peter Garford and Robert Thomas Garford must execute disentailing assurances of their moieties of the estate. Robert Charlton (as protector of the settlement created by the will) must concur in these assurances to consent, and to convey his life interest as tenant by the curtesy. These assurances must be inrolled in Central Office within 6 months; or the disentail may be effected in the conveyance to the purchaser; in which case the vendors should pay the expense of immediate enrolment. A statutory declaration by some disinterested person well acquainted with the family as to the following facts, and identifying the parties, should be furnished (with certificates), viz. : Marriage and death of Maria Charlton. And the several places and dates of the marriages, birth or baptism, and deaths or burials of the parties respectively should be stated. That Maria Charlton and Selina Turner both died without having barred their estates tail. That Maria Charlton had no other child than Joseph Charlton, and was only married once; and that Selina Turner died without having had any issue, and was only married once. The certificates necessary to verify the above declaration should be produced and made exhibits thereto. Receipts must be produced showing the payment of the annuity of £300 to Catherine Garford; and also a receipt from her personal representative for a proportionate part of the annuity up to the date of her death; and probate of her will, or letters of administration of her personal estate, should be produced; and the receipt for the succession duty which became payable on the death of Catherine Gar |