Susannah L. Williams, Wife of T. C. Williams, by her and next friend, v Samuel Bown, Thomas Best, Thomas Fooks, T. C. Williams, J. Y. Bown, and Others

C. P. COOPER 860. WILLIAMS V. BOWN 545 [360] susannah L. williams, Wife of T. C. williams, by her next Friend, v. samuel bown, thomas best, thomas fooks, T. C. williams, J. Y. bown, and others. M. E. March, 7, 1838. Bill for satisfaction of an annuity payable out of rents, and of interest on a sum secured by a mortgage and bond, resisted by an answer upon equitable grounds, and witnesses examined in support of the answer. An objection at the hearing, that the Plaintiff's remedy was at law, overruled as coming too late. The bill (filed 3d March, 1832) stated the will of John Young, by which he gave and devised two farms therein particularly described, unto for and upon the several uses, trusts, intents and purposes therein expressed and declared concerning the same; that is to say, to the use of the Plaintiff by her then name of Susannah Sown, and her heirs, during the life of her son, the Defendant, Samuel Bown, (1) to the intent that the Plaintiff and her assigns should and might have, receive and take the rents, issues, and profits thereof, to and for her own use and benefit, until her said son should attain the age of twenty-one years, if she should so long live; and from and after such his the said Defendant Samuel Bown's attainment of that age, to the intent that the Plaintiff, if she should be then living, and her assigns, did and should during the joint lives of herself and her said son, have, receive, and take from and out of the rents, issues, and profits of the said premises, one annuity or yearly rent charge of 100, free and clear from all taxes, charges, assessments, deductions, and reprises whatsoever, by equal quarterly payments in every year, the first of such quarterly payments to begin and be made at the expiration of three calendar months next after the Defendant Samuel Bown should attain the age of twenty-one years ; and subject to the said annuity, and to the perception of the rents and profits of the said premises by the Plaintiff during the minority of her said son, if she so long lived, in trust to pay over to the Defendant Samuel Bown and his assigns, [361] or otherwise to permit and suffer him and them to receive the residue of the rents, issues, and profits of the said premises, to and for his and their own use and benefit; and from and after the determination of that estate, to the use of the Plaintiff, in case she should be then living, and her assigns, for and during the term of her life, to and for her own benefit, with remainder to the first son of the said Defendant Samuel Bown (the Defendant J. Y. Bown) in tail male, with divers remainders over. That the testator died in July 1815, and that Plaintiff thereupon entered into the receipt of the rents of the said two farma until her son, the Defendant Samuel Bown, attained his age of twenty-one, which took place in February 1817, when Plaintiff permitted him to take possession of the said farms; and that ever since such period the Defendant Samuel Bown had been in such possession. Thut in 1817 Plaintiff was entitled to a sum of 2000, secured to her by the bond of her brother, Mr. Caleb Barrett; and that a marriage being in contemplation between Plaintiff and Defendant Williams, Plaintiff, at the request of the said Defendant Samuel Bown, agreed to make a settlement of such sum of 2000, 'upon trust for her use during her life, and after her death upon trust for the said Defendant, Samuel Bown, and his family; and there was to be a power in the said settlement for the trustees to lend the said money to the said Defendant Samuel Bown upon security of his bond, together with a mortgage of his life interest in the aforesaid farms under the will of the said John Young. The bill then stated the articles of...