H/WS217

Mrs Charity Peirce's Case Recites will of Thomas Peirce. Thomas Peirce died leaving one daughter who is now about 3 years old. He was in debt for about £400 but left a personal estate of £50. freehold estate of value £12 p.a., mortgaged

12 Feb. 1725/6

From: 1725 To: 1726

Copyhold estate of value £28 p.a (but no court had been held and testator had had no opportunity to be admitted) to which testator's daughter was admitted about 6 months ago Counsel considers that the copyhold estate cannot pass to testator's wife for want of a surrender to uses of will, but that freehold estate may pass. The rent charge of £15 p.a. on the copyhold to Charity, the widow could be enforced at Equity, by virtue of the marriage settlement, although the legal formalities had not been completed. It might be cheaper to wait till the daughter comes of age and makes a surrender for the purpose, since meanwhile the mother will in any case be enjoying the profits as guardian of the child (Opinion given by C Weary, Solicitor General (?) 27 Dec 1725) The case is sent to Mrs Pearce at Bedford in St. John's parish by her solicitor at Furnwall's Inn, Goddard Urlin. He will discuss it with her and Mr. Towersey and the rest of her friends when he comes into the country.

item

Peirce, Thomas,
Peirce, Charity,
Weary, C,
Towersey,
Urlin, Goddard

Thomas will: Peirce, Stepney, marriage settlements, surrenders, Solicitor General, BEDFORD, solicitor, Court of Equity