The following duly authenticated certificates must be furnished: 1. Of the marriages of Timothy Dayrell with Mary Johnson. A statutory declaration or declarations by a person or persons intimately acquainted with the families generally in support of the pedigrees and of the facts therein stated, and particularly showing That George Dayrell, William Dayrell, Joseph Dayrell, Jane Dayrell, and Robert Lydford (the testator) all died unmarried. That Isaac Dayrell, Sarah Dayrell, and Thomas Lydford were respectively only married once, as appears by the pedigrees. That Reuben Lydford was only married twice, as appears in pedigree. That Reuben Lydford had no other child than Christopher Lydford. And that Timothy Dayrell, Isaac Dayrell, and Thomas Lydford had no other children than those named in the pedigree. As to the Dayrell Moiety. Sarah Lydford (as a devisee in the will of her father, Isaac Dayrell) became entitled in fee in remainder to one half of this moiety by purchase, and she became entitled to the other half by descent as the heir-at-law of her sister, Jane Dayrell. Sarah Lydford (the wife of Reuben Lydford) having died in the lifetime of her mother, Maria Dayrell (who was tenant for life of this moiety), and having only an estate in fee in remainder in this moiety, and never having been in possession, her husband, Reuben Lydford, did not on her death become entitled to this moiety as tenant by the curtesy; and on the death of Sarah Lydford the Dayrell moiety descended upon her son, Christopher Lydford. As Sarah Lydford appears to have died under 21 years of age, she was not able to dispose of or charge this moiety, therefore it will not be necessary to search for a fine or recovery as levied or suffered by her. Christopher Lydford died in 1833, before the Descent Act, 3 & 4 Will. 4, c. 106, came into operation; and upon his death, an infant, this moiety descended upon his aunt, Susan Dayrell, who was his heir-at-law according to the old law of inheritance (but subject to life estate of Maria Dayrell); therefore Susan Dayrell, who by the pedigree appears to be living, became (on the death of Maria Dayrell) entitled in fee simple in possession to this moiety. As to the Lydford Moiety. Reuben Lydford, who was seised in fee simple in possession of this moiety by purchase under the will of his uncle, Robert Lydford, died without any issue surviving him, and intestate; but leaving a widow. It appears from the pedigree that he was the only child of Thomas Lydford. Reuben Lydford having died in 1883, his heir-at-law must be sought for under the Descent Act, 3 & 4 Will. 4, c. 106, sect. 6. And this heir appears to be his grandfather, Charles Lydford, who (according to the pedigree) is now living. On the death of Reuben Lydford intestate, his widow, Rebecca Lydford (unless barred of dower by declaration or some other mode, which must be shown) became entitled to dower out of this moiety. Therefore (as to the Dayrell moiety), Susan Dayrell will be the party to convey, and (as to the Lydford moiety) Charles Lydford will be the party to convey, and Rebecca Lydford to release the dower; and these three persons can make a good title to the entirety of the estate, subject to the former observation as to the widow (if any) of Thomas Mantell. Succession duties.-Receipts for the succession duties which became payable on the deaths of Maria Dayrell (as to one moiety) and Reuben Lydford (as to the other moiety), must be produced and handed to the purchaser or mortgagee. Searches for judgments, &c. These searches must be made as against Reuben Lydford, Charles Lydford, and Rebecca Lydford, and Susan Dayrell. [See General Observations and Requisitions, post, and add such of them as are applicable.] ABSTRACT No. 8. IMBERT'S TITLE. Observations. By the conveyance of 13th and 14th August, 1815, the property was conveyed to the use of Marmaduke Chalmer and S. Jones as joint tenants in fee; as to estate of Jones in trust for Marmaduke Chalmer and his heirs : Marmaduke Chalmer survived Jones, and (on the death of Jones) the legal fee simple in the entirety became vested in Marmaduke Chalmer in fee. Marmaduke Chalmer by his will devised one moiety of the estate to Charles Chalmer in tail general, with remainder to Charles Chalmer in fee; Charles Chalmer died without issue; the estate tail determined, and the remainder in fee in this moiety passed by his will. Marmaduke Chalmer by his will devised the other moiety of the estate to Maria Chalmer in tail general, with remainder to her in fee. Maria Chalmer died unmarried; the estate tail determined, and the remainder in fee in this moiety passed by her will. As to the Moiety of the Estate which belonged to Maria Chalmer: By her will Maria Chalmer devised the legal estate in this moiety unto and to the use of Sart and Parton and their heirs upon trusts, i. e., upon trust for Antonia Dornton for her separate use during her life; after her death in trust for such of her children as being sons should attain 21, or being daughters should attain that age or marry; if only one child, in trust for such child in fee simple; if no such child, in trust for Robert Chalmer in fee. Antonia Dornton married James Imbert; she had only one child, viz., Richard Imbert, and died before he attained 21 years of age. The limitations to the children of Antonia Imbert being equitable contingent remainders, they did not fail in consequence of the failure of the particular estate (i. e., the life estate of Antonia Imbert) during the contingency, and this moiety now belongs to Richard Imbert in fee. As to Moiety of the Estate which belonged to Charles Chalmer: By his will he devised this moiety, to uses (i. e., legal estates), viz.: To use of his wife Julia for her life. remainder To use of his niece, Antonia Dornton, for her life for her separate use. . remainder To use of such of her children as she should by deed or will appoint, In default of appointment, To use of her children or only child who should attain 21 years of age or marry, If no such child, to Robert Chalmer in fee. Antonia Dornton married James Imbert. Antonia Imbert did not exercise the power of appointment. The limitations in the will of Charles Chalmer to the children of his niece Antonia, being legal contingent remainders, and Julia Chalmer and Antonia Imbert having both died before the child of Antonia had attained 21 years of age, the contingent remainder to Richard Imbert (the child of Antonia) failed for want of a particular estate to support it, and this moiety of the estate, on the death of Antonia, devolved |