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fulfilling his will in all events. That the executrix, therefore, ought to have received no more of the annuity than was sufficient for that purpose, if the personal estate had fallen short; but that not happening to be the case, no money at all ought to have been raiser by means of this rent-charge; but the term ought to have ceased, or been sunk for the benefit of the heir, and what had been received, repaid to her. That the testator seemed to shew this to be his meaning, by limiting the annuity not to commence till six months after his death; and which would scarcely have been done, if he had intended it for his wife's own benefit; but the true reason of this limitation appears to have been, that she might, in that time, enquire into and satisfy herself as to the value of the personal estate; of the debts to be paid, of the amount of his own and his uncle's legacies, and of the several other matters to be performed by her, as his executrix. That the devise of this annuity was, upon an express trust, in as strong words as the testator could make use of; and lest his meaning should be mistaken, he made a double declaration of it, after the first words, with this special trust and confidence, adding, to which end, I give and grant the said annuity to my executrix for thirteen years; as if he had said, I give it for that, and for no other purpose whatsoever. That the testator's intention respecting this annuity, was farther apparent, from the very next clause in bis will; where he gives his wife and executrix several lands for her life, in augmentation of her jointure, declaring it to be for her own benefit; and if he had intended the thirteen years term to have been so likewise, he would certainly have expressed himself accordingly, and not have used words of a quite contrary import. And as to the pretence, that these lands were given to prevent disputes concerning the jointure, there could be no dispute as to what was, or was not parcel of the jointure; for by the marriage settlement, the manor of Wellington, and all the lands there, [49] (except some particularly described,) are limited in jointure; and the will gives not only those excepted lands, but also all the testator's lands in Moreton upon Lugge, Pype, Lyde, and Burghill, which, by his marriage settlement, were limited to other uses. As to the two accounts, it was insisted, that they were not fairly stated, but were at least a surprise upon Dame Heater, when she signed them; that she was but just then arrived to the age of twenty-one, was wholly ignorant of her own affairs, had no copies of those accounts, nor any vouchers produced or delivered to her; and that she scrupled signing them, till persuaded by Sir Edward Norris to do so, from his opinion of Sir Cyril's honour and integrity. That the accounts themselves consisted only of a few general items of receipts and disbursements, though the matters to be accounted for, were eight years profits of an estate of near £900 per ann. and several of those items, such as the annuity of £200 and the expence of building and finishing the alms-house, were matters of law, of which Dame Hester was totally ignorant, and which Sir Cyril took upon himself to determine in his own favour. That her acquiescence under these accounts continued no longer, that while she remained ignorant of their being erroneous; and Sir Cyril himself had waived them, by delivering a subsequent account in 1697, which was not taken from the foot of any former account, but imported to be an account of all receipts and disbursements, from the death of Sir Robert Perrott. And as Sir Cyril had acquiesced under the order, by which his plea of these accounts was overruled, so the appellant likewise had acquiesced under the decree whereby they were set aside; for in his petition for re-hearing, he never complained of the decree in that respect, but as to the point of the rent-charge only. And as to the not allowing the £161 for building the alms-house, it clearly appeared by the testator's will, that he had contracted with Cooper, for £10 paid in hand, and £80 more, to build the same; and that he had left £80 in specie, in his wife's hands, for that purpose; but if Sir Cyril Wych, or his Lady, had thought fit to exceed what was so allotted by the testator, the same ought not to be charged upon the respondents.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the decrees and orders therein complained of, affirmed. (Jour. vol. 19. p. 448.)