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In re Benjamin Hopkins and Ann Hopkins, infants, by Wentworth Odiarne, esq., plaintiffs v Anna Maria Hopkins, widow and executrix of their father Edward, and administratrix of Mary and Edward Hopkins, infants, deceased; Richard Hopkins, infant by Edward Compton, esq., his guardian, Dame Elizabeth Oughton and Henry Talbot, esq..

Having recited:- firstly, that a petition was on 30 Nov [1748] preferred to the Master of the Rolls about PA194/12/2; that the marriage therein mentioned had happened; that Sir John Webb's and Thomas Coke's mortgages' securities were paid in and the money laid out in Old South Sea Annuities which were transferred into Sir Adolphus Oughton's and James Hawley's names; that Hugh Chamberlen died on 17 Jun 1728, so the £1,360 became payable; PA194/12/5; PA194/12/6.VII; that Edward Hopkins the father died on 17 Jan 1736, leaving as children Richard, Ann, Benjamin, Edward and Mary; that during Feb 1738 the petitioners, along with the children Edward and Mary, by their next friend exhibited a bill against Anna Maria Hopkins, Richard Hopkins, and Elizabeth Oughton and Henry Talbot (as executors of Adolphus Oughton, who had been surviving trustee under PA194/12/2 but had declined to act in its trusts) to have new trustees appointed and that the £6,360 should be placed at interest for the younger children's maintenance and to have £3,640 (total of the legacies to the younger children) placed likewise; that the case was heard on 13 Jul 1739, when it was ordered that Mr. Kinaston, Master in Chancery, should examine the securities upon which part of the estate had been placed at interest, in order to assess which should be called in and their money placed at interest in government or other securities in new trustees' names, and to assign continuing securities as per PA194/12/2,5,6.VII, and that he should assess the testamentary costs, compute £4% interest on the legacies and place the legacies on government or other securities for the benefit of the plaintiffs and Mary Hopkins [only] - it was also ordered that the surplus of the personalty should be laid out in purchase of lands and settled in pursuance of PA194/12/5; that on 6 Feb 1740 Master Kinaston appointed Henry Hawley (esq.) and James Hawley (physician) as new trustees; that on 3 Jul 1741 Master Kinaston certified that Edward Hopkins should be afforded £242/19/2 for maintenance for time past and £70 per annum for the future, whilst £217/12/5 would go to Benjamin Hopkins for time past and £50 per annum for the future, £302/3/2 to Mary Hopkins for the past and £90 per annum for the future, and £259/3/5 to Ann Hopkins for the past and £80 per annum for the future, plus interest on the legacies to 25 Mar 1740, and that, if Francis Cottington paid what was due on the mortgage into the Bank of England, all proper parties should join in reconveying the affected premises; that on 17 Nov 1741 Master Kinaston certified that there was due on F. Cottington's mortgage to 22 Dec 1741 (it being computed from 22 Jan 1734) £4,187/10/-; that on 2 Apr 1742 further interest to 5 Apr 1742 was computed which then amounted to £4,230/15/-, which was paid duly to the Accountant-General; that on 16 Nov 1741 Master Kinaston certified that he had discovered that part of the securities had been paid out in mortgages since discharged, whose money had been used to buy £3,360 Old South Sea Annuities and been transferred into A. Oughton's and J. Hawley's names, and that £6/11/8% had been paid off, equivalent to £229/12/-, so that the remaining stock was only £3,130/8/-, whose dividends from Lady Day, 1735 until Michaelmas, 1741 amounted to £836/16/8 which, with the annihilated stock, totalled £1,062/8/8, which led him to consider that that £3,130/8/- should be assigned to the new trustees; that on 10 Feb 1742 it was ordered that the sums mentioned in the 3 Jul 1741 report should be allowed for the then plaintiffs' maintenance and that Elizabeth Oughton and H. Talbot should transfer the £3,130/8/- in New South Sea Annuities for reinvestment of the £229/12/- annihilation in purchase of other stock and pay the £836/16/8 dividends to Anna M. Hopkins towards the plaintiffs' maintenance up to Christmas, 1740, she retaining for maintenance any interest from the children's legacies, whilst future interest and dividends should periodically be laid out in purchase of more South Sea Annuities; that £3,130/8/- annuity stock should be transferred to Henry and James Hawley and the £229/12/- reinvested in purchase of £202/14/- South Sea Annuities, whilst £836/16/8 dividend-arrears was paid to A.M. Hopkins for maintenance; that on 4 Aug 1742 Master Kinaston certified that, under his 3 Jul 1741 report, there was due to Edward Hopkins the then plaintiff for his £410 legacy's interest £85/1/2 to 25 Mar 1741, plus £22/16/1 interest thence until 15 Aug 1742, which together made £107/17/3, whereas A.M. Hopkins had received £836/16/8 dividends aforesaid of which one quarter for E. Hopkins the plaintiff amounted to £209/4/2 which, with the arrears on interest, brought him £317/1/4, whilst there was due to A.M. Hopkins at Christmas, 1742 £242/12/2 for Edward's maintenance, and £105 for his further maintenance until Midsummer, 1742, which together made £347/19/2; that that £317/1/5 [£107/17/2 + £209/4/2], being deducted from the £347/19/2, left to A .M. Hopkins for Edward's maintenance £30/17/9, whilst Benjamin Hopkins' account (between his share of the £836/16/8 legacy-interest and maintenance-arrears at Midsummer, 1742) showed that he was owed for interest £214/8/11.5, Mary Hopkins (for her share of the £836/16/8 legacy-interest and maintenance) was entitled to £143/2/3 and Ann Hopkins likewise to £201/2/-; that on 27 Nov 1742 Master Kinaston carried on an account to reckon maintenance to Michaelmas, 1742 and legacy-interest to 1 Dec 1742 so that A.M. Hopkins was entitled for Edward's mantenance to £43/11/3, for Benjamin's to £16/15/3.25, for Mary's to £137/3/6 and for Ann's to £197/13/4; that on 21 Jan 1743 it was ordered that the £410 principal and £16/15/3.25 interest of the legacy to Benjamin (totalling £426/15/3.25), Mary's £1,140 +£137/3/6 = £1,277/3/6 and Ann's £1,410 + £197/13/4 = £1,597/13/4 (totalling £3,981/12/1.25 [sic]) should be paid by A.M. Hopkins to the Hawleys and, together with £4,230/15/- which was on each child's account in the bank, should be invested in purchase of South Sea Annuities, but that £43/11/5 due to A.M. Hopkins for Edward's maintenance and his legacy-interest and future maintenance should be paid by the Hawleys out of future dividends; that A.M. Hopkins duly paid the new trustees £3,891/12/1.25, whilst the Accountant-General paid them the £4,230/15/-, all laid out in purchase of £7,230/5/4 South Sea Annuities, but that no declaration of trust has been executed; that during Sep 1744 Mary Hopkins died an intestate infant, so her mother took out her administration-letters; that, the trust thereby abating, the surviving petitioners during Hilary term, 1745 exhibited a bill of reviver against their mother as administratrix; that on 29 Mar 1745, upon Richard Hopkins' application, the case was referred to Master Kinaston concerning the survivors' entitlement through their mother's death, which the trustees should declare, laying out dividends in purchase of South Sea Annuities; that it was ordered that the remainder of the trust stock should be transferred by the Hawleys to A.M. Hopkins for addition to her late husband's residuary personalty, and that Master Kinaston should take an account of dividends which had become due to Mary Hopkins beyond what had been applied to her maintenance and education, assigning any surplus to her mother qua administratrix; that, before Master Kinaston could report back, on 9 Jul [1748] Edward Hopkins the son had died an infant, so A.M. Hopkins took out further letters of administration; that in Michaelmas term [,1748] Benjamin and Ann Hopkins exhibited their bill of reviver and by order (20 Nov 1748) all proceedings have revived; that the Hawleys have recovered the dividends due and paid A.M. Hopkins maintenance so that there remains in their name £10,720/10/- Old South Sea Annuities but in their hands considerable savings out of the four children's fortunes which should be similarly laid out; that Ann and Benjamin are entitled under their father's codicil to £820 each to bring them £4,000 besides their savings and their shares owed as heirs of their intestate siblings; that Richard Hopkins is entitled to the surplus of the legacies due to the younger children when all of them were still alive, which the will said should be used to buy lands for Richard's benefit, besides a distributive share of his late brother's personalty; that, when Ann's and Benjamin's maintenance was settled, they were very young and only entitled to £3,000 and £6,000 respectively; and that Ann's and Benjamin's fortunes are now increased to over £4,000, but that, as they grow up, they are costing more to keep: secondly, that it was proposed that Master Kinaston might take an account of the Old South Sea Annuities standing in the Hawleys' names and enquire into the surviving younger children's entitlements so as to lay out money in purchase of Old South Sea Annuities, the trustees declaring the trust for their benefit, but added by A.M. Hopkins to the testator's residuary personalty, besides which the master should consider how much further maintenance is required for the surviving children: and thirdly, that it was ordered that the parties should attend the Master of the Rolls, who should hear the 13 Jul 1739 decree and the 29 Mar 1745 order:- therefore the Master of the Rolls advises that it be referred to Master Kinaston to take account of moneys entrusted to the Hawleys (except what is covered by the 1745 order) for investment in Old South Sea Annuities; that Master Kinaston take account of dividends that arose upon the son Edward Hopkins' share, and their application for assignment to the mother; that stock remaining in the trustees' hands should be paid to her and added to the residuary personalty; and that Master Kinaston should consider a further allowance to the surviving children.