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jewels, and then followed a bequest in these words, viz. "I do give my said daughter, the Lady Elizabeth Egerton, my gold pouling watch and seals at it, and my gold twey, my strong box, and whatsoever is in it; all my chests and cabinets, and whatsoever is in them, not otherwise disposed of by this my will." The testatrix also gave to the Lady Elizabeth, all the furniture in her best bed-chamber at London, and the pictures and furniture in her best closet, and all her china, dressing and chamber plate; and the rest of her plate and household linen she gave to be equally divided between her younger sons William, Henry, and Charles, and her daughter the Lady Elizabeth, and after giving some other specific and pecuniary legacies, she gave the residue of her real and personal estate to her eldest son, the respondent the Duke, his heirs, executors, and assigns, and made him sole executor of her will.

The Countess afterwards made two codicils to her will, and thereby gave several other specific legacies to the Lady Elizabeth; and on the 23d of May 1716, died, possessed of a very great personal estate, besides what she gave away in legacies, which the Duke, as executor, possessed himself of.

The appellant Lady Elizabeth, being thus entitled to the strong box, chests, and cabinets, and whatsoever was in them at the Countess's death, soon afterwards applied to the respondent the Duke to have them delivered to her; but he insisting that, as executor, he had a right to see what was in them, required the same to be opened, which was accordingly done; and in the strong box, or the drawers thereof, were found the said several notes or declarations of the respondent Pierce, together with a Bank note and three Exchequer notes of £100 each, and some gold and silver coin. Upon which, the Duke was pleased to cause a memorandum to be taken of the said notes or declarations; and after having taken some time to consider and advise upon the same, permitted the strong box and the drawers affixed thereto, together with the said notes or declarations, and the other notes and things found therein, to be delivered to the appellant Lady Elizabeth.

[81] In consequence whereof, she soon afterwards applied to the respondent Pierce, to transfer and assign the said stocks and annuities and the money due thereon, to her, or as she should direct; but he refused so to do. And therefore, in Michaelmas term 1717, the appellant Lady Elizabeth brought her bill to the Court of Chancery against the respondents, to compel the respondent Pierce to transfer and assign the said stocks and annuities to her, and to account for and pay her all dividends from time to time received thereon.

To this bill the respondents put in their several answers; and the respondent the Duke insisted on his right to the notes or declarations of trust, and to all the stocks, annuities, dividends, and monies arising therefrom, as he was the residuary legatee of the Countess's will. The appellants afterwards intermarried; and the proceedings in the cause being thereupon revived, the respondent the Duke, in Trinity term following, brought his cross bill against the appellants and the respondent Pierce, claiming the said stocks and annuities, and the dividends and monies due thereon; and praying that Pierce might transfer, assign, and pay the same over to him; and also that the appellants might discover what monies, or other things, were found in the drawers affixed to the strong box, and that the same might be paid and delivered to him.

Both causes being at issue, were heard on the 9th of December 1723, before the Lord Chancellor Macclesfield; who was pleased to decree, that the original bill exhibited by the appellant the Lady Paget before her marriage, and afterwards revived, should stand dismissed, but without costs; except as to the respondent Pierce, who was to have his costs to be taxed. And in the cross cause it was ordered and decreed, that the appellants should deliver to the respondent the Duke, the said notes or declarations of trust; and should come to an account before the Master, for the Bank notes, Exchequer bills, monies, and other effects, which were in the drawers in the frame or table upon which the strong box stood, (except the policy of insurance therein found;) as also for the things and effects in a black deal press, at the time of the death of the said Countess of Bridgewater, and which had come to the hands or possession of the appellants, or either of them; for the better discovery whereof, they were to be examined on interrogatories, as the Master should direct. And it was further ordered, that the appellants should pay what, upon such account, should appear to be due from them to the respondent the Duke, at such time and place as the Master should appoint. And as to the said frame or table, and the drawers therein, the same being then in the