| Description | Copy decree in Chancery in ease between Thomas Willoughby, bt, Richard Mills, clerk, wife Catherine, plaintiffs and Dorothy Alpe, widow, Dorothy Perrin, infant, through Dorothy Alpe, mother and guardian, Frederick Alpe, Jonathan Gauden, and William Salmon, defendants.
Plaintiffs argued that Richard Wilson in 1695 conveyed lands in North Wheatley to Gauden and Salmon to use of Dorothy Alpe, his then intended wife. In 1697 Wilson left to the child Dorothy was then carrying the reversion of the estates after her death with the proviso that, if child died in infancy unmarried, the estate was to be sold after wife's death or in her life time if she wished. After sale Gauden and Salmon were to pay £1000 each to Dorothy Alpe and Dorothy Perrin, his daughter-in-law, and remainder to sister, Katherine. Child was stillborn. Widow married Edward Alpe, since dead, and conveyed premises to Alpe and his heirs during her life. Alpe conveyed premises to brother Frederick Alpe. Agreement made in May last that Dorothy and Frederick Alpe should convey life interest in premises to Sir Thomas Willoughby for £1,200, and that Dorothy Alpe, Gauden, Salmon, and Richard and Katherine Mills should convey reversionary inheritance for £2,000, half to be left in Willoughby's hands secured by mortgage at 5 per cent in trust for Dorothy Alpe in life, and then for Dorothy Perrin, £500 to Mills and wife, and residue to Dorothy Alpe.
Willoughby paid money but defendants refuse to perform covenants. Dorothy Alpe admitted facts and said she was now willing to convey property, stating that Dorothy Perrin was ignorant of her interests, and other defendants willing to convey Decree orders execution of conveyance, and requires capital sum of £1000 to be handed to Dorothy Perrin after mother's death before the Master of the Rolls, who is to see it put out again in like securities in hands of trustees. |