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stocks specified in one other note, or declaration of trust, dated the 18th day of March 1714, and signed by the said Pierce, which was also found in one of the said drawers, at the opening thereof as [85] aforesaid; (except so much of the South-Sea stock of £2000 therein mentioned, as appears by an indorsement signed by the said Countess, on the said note, to have been transferred by the respondent Pierce, by her order,) together with all dividends, for or in respect of the said several stocks mentioned in the said note of the 18th of March 1714, which became due or payable since the death of the said Countess; and that the said last mentioned note, or declaration of trust, be delivered by the appellants to the respondent the Duke of Bridgewater: And that the respondent Pierce shall have his costs in both the said causes, to be taxed by the said court, and be paid to him out of the residuum of the personal estate of the said Countess; but as between the appellants and the respondent the Duke of Bridgewater, there is to be no costs on either side: And that if any question shall hereafter arise between the said parties, touching the matters aforesaid, this judgment shall be carried into execution by the said Court of Chancery.

(Jour. vol. 22. p. 449. 451.)

Thomas Vernon, Esq. being seised and possessed of a large real and personal estate, the greatest part whereof he had acquired in the profession of the law, wherein he had deservedly gained a great reputation; and having an intention to make a settlement of his estate, to preserve the same in his name and family, in case he should die without issue male; and entertaining a particular affection for the respondent Bowater Vernon, his cousin and next heir male, who had for several years lived in his family; he, on the 17th of January 1711, made his will, all of his own hand-writing; and thereby devised to Mary his wife an annuity of £1000, to be paid her half-yearly during her life, by his trustees therein named, out of the rents and profits of his real estate, clear of all charges and deductions, except parliamentary taxes, and to be in lieu and satisfaction of her jointure, and of all other claims and demands out of his real estate.—He also gave to his said wife, during her widowhood, his capital mansion house at Hanbury, with the gardens, orchards, outhouses, and buildings thereunto belonging, and the park adjoining, and some lands usually kept in his own hands, she keeping the same in repair; but in default thereof, or in case she should marry again, or not think fit to reside there for three months in every year; in each and every of those cases, his will was, that she should deliver the possession of the said premises to the respondent Bowater Vernon, if living, and if dead, to his son, if he should leave any, or to such other [86] person of his name and kindred as was to enjoy that, and the residue of his real estate, according to the trusts and limitations after mentioned. The testator likewise gave to his said wife the use of all his goods, pictures, and furniture, in his said capital messuage, during such time as she should enjoy the said messuage by virtue