Campbell v. Andrews. as aforesaid; and if the amount to be found due from the defendant Charles Williams shall fall short of the half part of the residue so to be ascertained and calculated as aforeeaid, then declare that the next of kin of the testator at the time of his decease are entitled to so much of the half part of the residue, so to be calculated and ascertained as aforesaid, as shall exceed the amount to be found due from the defendant Charles Williams as aforesaid: and, for the better taking of such accounts, &c. [*578] 1842 28th April. *CAMPBELL v. ANDREWS.(a, Plaintiff.-Practice. Plaintiffs filed a supplemental bill for the purpose of bringing before the court the assignees of a defendant who had become bankrupt. The plaintiffs were fully described in the original bill, but, in the supplemental bill, their places of residence were omited. Held, on motion, that they must give security for costs. THIS was a supplemental suit, for the purpose of bringing before the court the assignees of a defendant to the original bill, who became bankrupt pending the suit. The plaintiffs were, in fact, the same persons as were plaintiffs in the original suit: but, in the supplemental bill, they were not described except by their names: and, on that account, Mr. Bethell and Mr. Webster, for the assignees, now moved, be fore answer, either that the supplemental bill might be taken off the file, with costs; or that all proceedings might be stayed until the plaintiffs should have either given security for costs, or amended the supplemental bill by inserting their places of residence. They said that the bill was an original one, as against the assignees, and that they were not bound to look out of it for the description of the parties who were suing them. (a) Ex relatione. Martin v. Martin. Mr. K. Parker and Mr. Grove said that the original bill contained a full description of the plaintiffs, and that, if there was anything in the objection, it ought to have been taken by demurrer and not by motion. The Vice-Chancellor said that, for anything that appeared to the contrary, the plaintiffs might have changed their places of resi dence, or even be out of the jurisdiction; and that they must give security for the costs of the supplemental suit, and all proceedings in it must be stayed in the meantime; and also that they must pay the costs of the motion. *MARTIN v. MARTIN. [*579] Will-Construction.-Advowson.-Next presentation.-Intestacy. 1842 4th May. A testator, who was both patron and incumbent of a living, devised the advowson and all his other real estates, and also his personal estate, to trustees in trust to pay the rents, dividends, interest and annual income of his real estates, until they should be sold as thereinafter directed, and also of his personal estate, to his sister, until she should have a child; and, immediately after her having a child, in trust to stand seised and possessed of his real estates, if not then sold, and of his personal estate and the rents, dividends, interest and annual income thereof, in trust for her children or child who should attain 21, their heirs, &c.; and if she should have no such child, then in trust, after her death, for the trustees, their heirs, &c. The testator then directed his trustees to sell the advowson and his other real estates, with all convenient speed after his death, and to stand possessed of the proceeds upon the trusts before declared of his personal estate: and he empowered his trustees to apply the rents, dividends, interest and annual income of the presumptive shares of his sister's children, of his real estates, (if not then sold,) and, if sold, then of the money arising therefrom, and of his personal estate, for their maintenance during their minorities; and directed that the surplus rents, dividends, interest and annual income should be invested and accumulated for the benefit of the children from whose shares the same should be saved. At the testator's death, his sister (who was his heir) had three infant children; and his living having become vacant by his death, the question was whether the children, their mother, or the trustees were entitled to present to it. Held that, as the presentation to a living does not produce rents, dividends, interest or annual Martin v. Martin. income, the dispositions of the will were not applicable to that species of property, and, consequently, that the testator's sister was entitled, as his heir-atlaw, to present the living on the existing vacancy. THE Rev. William Marsden, by his will dated the 18th day of August, 1840, gave his advowson and right of patronage and presentation of and to the rectory of Everingham in Yorkshire, of which (as he mentioned) he was incumbent, with the [*580] rights, privileges, *and appurtenances belonging thereto, and all glebe-lands, tithes, tenths, oblations, obventions, fruits, offerings, dues, duties, emoluments, and advantages whatsoever to the said advowson belonging, and all houses, outhouses, &c., whatsoever to the said advowson belonging, also his three cottages in Chorley in the county of Lancaster, and his close of land in the parish of Kirkham in the same county, and his three messuages in the town and county of the town of Nottingham, late the property of his uncle William Marsden, esquire, and all other his real estate, subject nevertheless to an annuity of 130l. and to another annuity of 201. then already charged upon the messuages in Nottingham by his late uncle, and also his leasehold messuage and premises in the borough of Southwark, and all his canal shares, money, securities for money, goods, chattels, personal estate and effects whatsoever and wheresoever, subject to the payment of his just debts, funeral and testamentary expenses and the annuities and legacies given by his will, unto and to the use of his friends the Rev. John Blew, and the Rev. John Grant Lawford, their heirs, executors, &c., upon trust, when and as they, in their discretion, should see proper, for the benefit of his estate, to sell and convert into money all such parts of his personal estate and effects as should not consist of money or se curities for money, and to call in such parts thereof as should consist of moneys or securities for money, (except mortgages,) and thereupon, with all convenient speed, to place out and invest the moneys arising by such sales and to be called in as last mentioned on government or real securities, and to stand seised and possessed of his said real estates, and also of his said personal estate and effects, and the securities upon which the same should be invested, in trust to receive the rents, dividends Martin v. Martin. *and annual income of his said real estates, until the [*581] same should be sold as thereinafter contained, and also of his said personal estate, and thereout to pay the annuities before-mentioned and certain other annuities, and in trust, during such time or times as his dear sister Charlotte, the wife of William John Martin, should not have any child or children by the said William John Martin actually born and living, to pay the whole of the said rents, dividends, interest and annual income of his said real estates until the same shall be sold as thereinafter contained, and also of his said personal estate, subject to the payment thereout of the before-mentioned annuities, to his said sister Charlotte during her life for her separate use; and, in case his said sister should have a child or children born alive by the said William John Martin as aforesaid, he directed that, from and immediately after the birth of such child or children, his trustees should stand seised and possessed of all his said real estates, if not then previously sold, and also of his said personal estate and effects, and the securities upon which the same might be invested, and the future and accruing-rents, dividends, interest and annual income thereof, after payment thereout of the aforesaid annuities, in trust for all and every the children and child of his said sister by the said W. J. Martin who should attain the age of 21 years, and their respective heirs, executors, &c., to be divided between them, if more than one, in equal proportions, and if his said sister should not have any children or child who, under the trusts aforesaid, should become entitled to his said real estates if unsold as aforesaid, and to his said personal estate and effects, and the securities upon which the same should be invested, then, in trust, after her decease and such failure of her issue as aforesaid, to divide, convey and assign all his said real and personal estates, and the rents, dividends, [*582] interest and annual produce thereout of the aforesaid annuities, unto and between his said two friends, William John Blew and John Grant Lawford, their heirs, executors, &c., in equal shares, as tenants in common: provided that, in case his said sister should have any child or children by her said husband born and alive, and all of them should afterwards die in Martin v. Martin. her lifetime without having attained the age of 21 years, then and so often as the same might happen, the right of his sister to the income of his said real and personal estates should revive: provided that his trustee or trustees for the time being should have a discretionary power either to retain or at any time or times to sell his canal shares when and as they and he might think it most desirable and advantageous for his personal estate. The testator then expressed himself as follows: "Provided also, and it is my further will and intention, and I hereby direct that, with all convenient speed after my decease, as to my said advowson of the rectory of the parish and parish church of Evering ham aforesaid, and the glebe-lands, tithes, tenths, oblations, obventions, fruits, offerings, dues, duties, emoluments and advantages, and the houses, outhouses, &c., and appurtenances whatsoever to the said advowson belonging or in anywise appertaining, and also my said cottages situate at Chorley aforesaid, and also my said close of land situate at Kirkham aforesaid, and also all other my said real estates whatsoever and whersoever given and devised to them by this my will, and also my said leasehold messuage and premises situate in the borough of Southwark, and that with all convenient speed after the death of the survivor of the aforesaid annuitants, as to my messuages in the town of Not tingham aforesaid, the trustee or trustees for the time. [*583] being of this my will *shall sell and absolutely dispose of all and singular my said real estates at the times or periods last mentioned, freed and discharged from all liability in respect of the aforesaid annuities, or any of them, as the case may be, either together or in parcels, by public auction or private contract, with full power to buy in the same or any part thereof at any public auction, and also to rescind or vary the terms of any contract for sale, and afterwards to re-sell the same, and to convey and assure the same, when sold, unto the purchaser or purchasers thereof, or as he or they shall direct. And my will further is that my said trustees or trustee for the time being shall lay out and invest the clear amount of the moneys which shall arise from such sale or sales as aforesaid, upon the same or the like stocks, funds or securities, and shall stand and be pos |