Baden et Al, Creditors of Philip late Earl of Pembroke, Plaintiffs; The Earl of Pembroke, Countess Dowager of Pembroke, Domina Charlotta Herbert, sole Daughter and Heir of Philip late Earl of Pembroke, and al', Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1688 |
| Date | 01 January 1688 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 644
IN COURT, LORD CHANCELLOR; MASTER OF THE ROLLS; JUSTICE LUTWICH; AND JUSTICE POWELL.
[52] Case 50.-baden & al', Creditors of philip late Earl of pembroke, Plaintiffs; The Earl of pembroke, Countess Dowager of pembroke, domina charlotta herbert, sole Daughter and Heir of philip late Earl of pembroke, and al', Defendants.(I) Lunce, 21 Maii [1688]. In Court, Lord Chancellor ò Master of the Bolls ; Justice Lutwich ; and Justice Powell. Post, Case 196. A. on his marriage demises lands to B. who redemises them to A. for a lesser term, paying a pepper-corn rent during the life of A. and after his death an annual sum for the life of his wife for her jointure, and a pepper-corn for the remainder of the term. A. dies indebted, the redemised term shall not be assets to pay any debts but what affect the inheritance, the term redemised being raised for a particular purpose. This cause coming now before the court upon a case stated by Dr. Edisbury for the judgment of the court, how far the several terms for years after mentioned should be assets, and liable to debts by simple contract: the master certified, that Philip late Earl of Pembroke being seised in fee of the manors and lands after mentioned in consideration of the marriage then intended to be had betwixt him and the now countess Dowager of Pembroke, and of ten thousand pounds, which he then received as a portion with her, and in pursuance and performance of certain articles of agreement made before the marriage, whereby the said Earl covenanted and agreed to charge his estate in Glamorganshire with the payment of a rent or annuity of one thousand and three hundred pounds per annum, to the said Countess for her life, and for performance of those articles, became bound to the Earl of Sunderland, in a statute staple of the penalty of twenty thousand pounds; and the said late Earl having agreed to make up the one thousand three hundred pounds, one thousand five hundred pounds per annum, did, by [53] indenture dated 1 October (75) made between the said late Earl and the said Countess of the one part, and the said Earl of Sunderland and Lord Godolphin of the other part, grant, bargain, sell, and demise to the said Earl of Sunderland and Lord Godolphin, their executors and administrators, all his honours, manors, &c., in Glamorganshire, for ninety-nine years, under the rent of a pepper-corn : but upon trust that they should redemise the premises in manner after mentioned; and accordingly the said Earl of Sunderland and Lord Godolphin, by their indenture of redemise be'aring date the second day of the said October, made between them of the one part, and the said Earl of Pembroke of the other part, did in pursuance and performance of their said trust and for five shillings in money, regrant the said premises so demised, to the said Earl Philip : to 2 VEEN. 54. BADEN V. PEMBROKE (EARL of) 645 hold to him, his executors, administrators, and assigns for ninety-eight years and eleven months, reserving the rent of a pepper-corn only, during the life of the said Earl, and after his decease a rent of one thousand five hundred pounds per annum by half yearly payments, during the life of the Countess, as a jointure for her; and after her death a pepper-corn during the residue' of the term, with a covenant for payment of the rent, and a clause of re-entry in case of any default in payment. And the master in like manner stated several other securities that had been...
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