The CASE of Joseph Gardner and Sarah his Wife. The Bill is to Enable Joseph Gardner and Sarah his Wife and their trusties to Sell, etc. to raise 6165 l. 7 s. 0 d. with Interest at 5 l. per Cent. from June 29. 1699. for Gardner and his Wife, the Overplus for John, Joseph, James, and Charles Ridges, Brothers of Sarah. WIlliam Ridges (Sarah's Father) being seized in Fee of the Premises in the Bill, 〈…〉 Mortgages the Houses in St. John Street to Sir Thomas Davis for 3000 l. and afterwards by Will Devises them to John, Joseph, James, and Charles Ridges, and their Heirs, Subject to the Payment of his Debts and Legacies, Devises also to William his Eldest Son, for Life, the Goat-Tavern in Smithfield, with divers Remainders in Tail to the Sons and Daughters of William (since deceased without Issue) Remainder to all the Testator's Sons and Daughters in Fee charged with the Payment of Testators Debts and Legacies, in the first place Devises also to John Ridges in Fee the House in Lincolns-Inn-Field, 〈…〉 charged ut supra. Devises to Sarah 2000 l. to be paid at her Age of Twenty Four, and 40 l. per Annum for her Maintenance in the mean time. John Ridges (after Testator's Death the Mortgage-Money and Sarah's Portion being then and still unpaid) upon his Marriage with Ursula Garret, 〈…〉 settles amongst other things, the House in Lincolns-Iun Fields, and a Fourth Part of the Promises in St. John-Street to the use of himself for Life, Remainder to his Wife for Life, Remainde to their Sons in Tail, with div●rs Remainders over, and afterwards he and his Wife Mortgage the House in Lincolns-Inn-Fields for 500 l. to Abraham Dolins who before had advanced the Mortgage-Money, and had Davis' Mortgage assigned to him. William, 〈…〉 John, Joseph, James, and Charles Ridges, upon a Suit in Chancery brought by Sarah for her Legacy and Arrears of Maintenance, 〈…〉 were Decreed to pay her 537● l. 5 s. 0 d. (She by Decree of the same Court being obliged to satisfy all Moneys due to the Mortgagee before she could be Let into her Legacy) and in default thereof to convey all di●● 〈◊〉 to 〈…〉 Fee, 〈…〉 and be foreclosed all Equity of Redemption, and for Nonpayment Sarah byvertue of that Decree was put into Possession of all the Premises subject to the said Mortgages. Sarah upon her Marriage with Joseph Gardner settles her Equity of Redemption in the Premises upon trusties to the use of Joseph and Sarah for Life, 〈…〉 Remainder to their Sons in Tail, Mail Remainder to their Daughters in Tail, General Remainder to Sarah's right Heirs, with and under divers Prouisoes in the said Settlement. REASONS for the Bill. I. THIS Estate consisting in Houses, a great many of them very Old, the Repairs, Taxes, and Interest- Money has since 1689, besides all the Profits made of them, run the Estate in Debt 434 l. 2 s. 0 d. whereby the Estate was Indebted the 29th of June last 6165 l. 7 s. 0 d. and will in a short time be quite swallowed up if this Act does not pass. II. The Remainder of the Money due to Gardner and his Wife after the Mortgages discharged is by the Bill to be laid out in a New Purchase, to be settled to the Uses in the former Settlement, and thereby so much will be preserved for Sarah's Children, which are at present three Daughters. III. The Overplus of the Money arising by the Sale is to be paid to John, Joseph, James, and Charles Ridges, although they are foreclosed by the Decree, and Gardner and his Wife desiring no more than their Just Debt out of the Estate. Note. As to the Settlement made by John upon his Marriage he had no Title by the Express words of the Testator's Will till after the Testator's Debts and Legacies paid; and so had no Right nor Power to make such Settlement.