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Honoured Sir London 3, Apr' 1727 O.S. I haue the honour of yo'rs of the 22th March & this afternoon another of the 8th curr't N.S. & also of the 5th & will not faile to performe all yo'r comands & payments therein menconed. but first I must crave leave to pr'sent my humble thankes for your generous bounty, and hope & Sincerely wish, I may haue Some opportunity in yo'r affaires to deserve itt, I do assure you non shall be more ready in yo'r Service, and will use my best endeavours in renewing the Lease w'th Christ hospitall. they now propose to grant 21 Yeares after 3 in being, so I intend to bidd 750, net money without repaires, and will endeavour to put those or the greatest part upon the Tenants. The Duplicate of your last acco't Sent by Mr: Thorold, I inclosed in my letter for your perusall before her arriveall, as I did also to my honoured Lady, of her La'pps particular acco't but if those miscarried, upon notice I will not faile to Send others. herewith I present a Copy of the Case touching Lady Darw'r rentcharge (wh'ch I stated att the request of Mr: Rooke) with Mr Pigots opinion thereupon, intirely for Mr Rooke, & who is likewise entituled, to the plate & other personall Estate, for want of adisposicon in writeing. I finde Mr Pigots opinion is grounded upon a late resolucon in the Court of Chancery. I'll acquaint L'd Harcourt that you haue complyed w'th his request, and am w'th intire Duty & Submission, Yo'r most faithfull & most Hono'ed Sir obed't Servant, Hen: Rodbourne. You have all paym'ts to Mr: Thompson in my acco'ts w'ch agrees I believe w'th the time therefore I conclude the mistake is in him & the Lady, he sent ye last mo: to demand 3 qu'rs before it was due. The Case concerning the late Lady Darwentwaters rentcharge. By the Deed of Separacon dated the 6th of ffebruary 1700 made between A & the Trustees of B, his wife, the s'd A agreed w'th the s'd Trustees that they should raise & pay to B, his s'd Wife the Sum of 1000 / ann' tax free, in lieu of 400 /aNN' Separate mainteinance & JoyntUre & Setled ye Rents & profits of divers Baronyes, Mann'rs, Lands &c: for the terme of 99 Yeares In Trust to pay the s'd B 1000 pr Ann' thereout for her life att 4 paym'ts Vidzt. the 1st of May the 1st of August the 1st of November and the 1st of ffebruary, by even & equall porcons, and to pay the overplus to the S'd A, his heires & Assignes. w'ch s'd Sum of 1000 was rec'd by the S'd B. for Sev'ell yeares accordingly. B, dyed on the quarter day the 1st of November 1726 about ten of the Clock att night. Qu: Whether the Exec'rs &c: of the S'd B, the wife or the heir att Law of A, be intituled to the quarterly Sum of 250, She dyeing on the S'd day att the hour above menconed. The currant opinion has been that if the Grantee of a rent dye on ye day itt is due before Midnight that the heir att Law Shall haue the rent, not the Exec'rs, &c: But in naturall Equity I think itt belongs to Execut'rs for the renj; was due on the 1st of November & ought to be demanded before Sun Sett ; if therefore itt was due, the act of God did not divest that duty, & in conscience & equity I thinke the Execut'rs ought to haue itt, and I am informed itt has been so resolved in equity. Nath Pigott, 27 March 1727. A Monsieur Monsieur Le Chevalier Webb Proche Berlemont A Bruxelles pr Ostend
PSAN 3rd ser, Vol 7, (1915-6), pp.101-2