Countess Gower v Earl Gower
| Jurisdiction | England & Wales |
| Judgment Date | 19 February 1766 |
| Date | 19 February 1766 |
| Court | High Court of Chancery |
English Reports Citation: 28 E.R. 932
HIGH COURT OF CHANCERY
See the Sale of Land by Auction Act, 1867 (30 & 31 Vict. c. 48), s. 7.
[349] Countess gower v. Earl gower. 19th Feb. 1766. [See the Sale of Land by Auction Act, 1867 (30 & 31 Viet. c. 48), s. 7.] Biddings opened after confirmation of the Master's report upon a considerable advance, there having been a mistake made in a particular of the estate left with the Master; and one of the parties who confirmed the report having been steward of the family, and knowing more than he communicated. John, Earl of Gower, by his will, dated the 22d of December 1749 -(amongst other things) gave to his wife, [349] the defendant, Countess Dowager Gower, an annuity of 1000 in lieu of dower and to be chargeable on all the lands in his will mentioned, of which the manor and estate of Grindon was part. He then devised to trustees and their heirs his manors, lands, and hereditaments, charged with the said annuity, and subject also to the payment of several sums of money therein given to his daughter, Elisabeth, Countess Waldegrave, in trust to sell the same and to apply the money first for payment of debts and incumbrances affecting the estates, and all the just debts he should owe at his death, and which his personal estate would not reach to pay; then to raise and pay 16,000 for the portions of his younger children, and to invest the surplus money (if any) in the purchase of lands, to be settled on his sons and brothers successively in such manner, and with such remainders over as therein mentioned; and he appointed Mary, Countess Dowager Gower, Henry Pelham, Baptist Leveson Gower, arid Robert Barber, executors. On the 24th of December 1754, the testator died, leaving the plaintiff, the countess, his widow, and the defendant Earl Gower, his eldest son and heir at law, and the defendant, John Leveson Gower, his only younger child, who thereupon became entitled to the 16,000 directed to be raised by his father's will. In October a bill was filed for the purpose of carrying the trusts of this will into execution; and the cause coming on on the 14th of June 1763, it was ordered that the will should be established, and the trusts performed; and the usual accounts were directed. And it was ordered, that in case the personal estate should not be sufficient, that the trust estate remaining unsold, or so much thereof as should be sufficient to satisfy the debts, &c., remaining unpaid, should be sold to the best purchaser, to be allowed of by the Master, and the mo-[350]-ney applied for that purpose ; and it being admitted that the defendant Earl Gower, had, out of his own money, paid several of the testator's debts, it was ordered that he should be admitted to stand in the place of such creditors so paid off, and receive a satisfaction for the same out of the testator's estate.' ' In pursuance of this decree the Master proceeded to take the account directed; and it appearing necessary to sell the trust estates, the Master proceeded to a sale thereof, ,2 EDEN, 351. GOWER (COUNTESS) V. GOWER (EARL) 933 'and (amongst others) of the manor of Grindon, in the county of Stafford, and of several farms, lands, and cottages within the manor; and for the purposes of the sale, a particular of the estate was left with the Master, stating the names of the several tenants, and the annual rents paid by each of them, by which it appeared that they amounted in the whole to 632, 8s. Td. per annum. Under this particular the estate was put up to sale before...
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