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£140 besides interest; and by reason of the appellant's unkindness, in obliging the respondent to sue for whatever she was entitled to, she had not only suffered great hardships, but had expended more money than the arrears of the annuity amounted to; and therefore it was hoped, that the decree would not only he affirmed, with interest and costs, but also with the respondent's costs in the Court of Chancery.

Accordingly, after hearing counsel on this appeal, it was ORDERED and ADJUDGED, that the same should be dismissed, and the decree therein complained of, affirmed; and that that part of the said decree, which gave costs to the said Mary Lamb conditionally, should be made absolute: and it was further ORDERED, that the appellant should pay the respondent £20 for her costs, in defending the said appeal. (Jour. vol. 18. p. 243.)

In June 1665, Sir John Chichester, by deed, granted certain lands in the county of Devon, to Nicholas Dennis and others, for 1000 years, in trust to raise £1000 for the portion of his daughter Susannah. He afterwards made his will, and thereof appointed his son and heir, John Chichester, executor.

After the father's death, John, the son, in April 1676, conveyed all his lands in Devon and Cornwall to trustees, for the purpose of paying his debts and legacies; and intending, that this trust estate should be the fund for paying his sister, Susannah's portion, he, by his will, gave all his personal estate to Dorothy his wife, and made her executrix.

Dorothy, the widow of John, afterwards intermarried with Henry Chichester; and in 1686, Susannah exhibited her bill in Chancery against them, and Francis, the son and heir of John, and the trustees, in order to have her portion raised and paid; and on the 27th of February 1687, this cause was heard at the Rolls, when his Honour decreed an account of the personal estate of Sir John Chichester come to the hands of John his son, and unconverted by him at the time of his death; and also an account of Sir John's trust estate, come to the hands of John the son, or any of the defendants; and that what, upon such account, should appear to be in the respective hands of the defendants the Chicheaters, was to be answered and paid by them to the plaintiff. And if that should fall short to satisfy her demand, the deficiency was to be charged on the trust estate created by John, and the same was decreed to be sold for that purpose.

The defendant Francis Chichester appealed from this decree; and in consequence thereof, the cause was heard before the Lords Commissioners, on the 18th of February 1690; when it was decreed, that both the trust and personal estate of Sir John Chichester were liable to the plaintiff's demand; but that decree was to be without prejudice to any relief which the defendants Henry Chichester and Dorothy his wife might be entitled to out of the said trust estate.

But this decree not being satisfactory to some of the parties, the cause was re-heard before the Lord Keeper Somers, on the 22d of July 1693; when his Lordship decreed, that the trust estate of Sir John Chichester was liable to the payment of the plaintiff Susannah's portion, with interest; and that the defendant Francis Chichester should pay her the same, with costs; or in de-[17]-fault thereof, that he should deliver up to her such part of Sir John's trust estate, charged with this portion, as he had in his possession, and that he should hold the same till paid.