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of his will, but so as not to remove any of them from the house; his will being that his trustees, to whom he thereby gave all his said household goods, pictures, and furniture, together with the hooks and other goods and furniture in his study and gallery, and in all out-buildings and offices there, should permit and suffer the same to be held and enjoyed with his said capital messuage, as heirlooms, by such person and persons, as from time to time should be entitled to the possession of the said capital messuage, according to his will. And he thereby empowered his trustees to assign and transfer the said goods and furniture to other trustees, as there should be occasion, and as they should he advised might be necessary; and to have the trust so declared thereon, as might best tend to preserve and keep the said goods and furniture in the said house, and from being removed or severed from it, for the use and benefit of the persons who should or might become entitled to the said house by virtue of his will.—And he further gave to his wife £500 to be paid within a month after his decease; and all the household goods and furniture of his dwelling-house in London, his coaches and coach horses, and all his plate, except what was therein after otherwise disposed of, together with all his broad gold, jewels, and watches, and also the clocks in the London house. The testator then gave to his sister, the appellant Elizabeth Acherley, an annuity of £200 to be paid to her half-yearly out of the rents and profits of his real estates, to her own hands, for her separate use, exclusive of her present, or any after-taken husband; and in case she happened to survive his wife, his will was, that the £200 per ann. should, from the time of his wife's decease, be made up £400 per ann. during the life of his said sister, for her sole and separate use as aforesaid.—He gave to his niece Letitia Acherley £1000 at her age of eighteen, or marriage, which should first happen; provided she should marry with the consent of her father and mother, and of his wife, or of such of them as should be then living; but if she married without such consent, he gave her but £100 and the £900 to cease, and fall into his personal estate, and be disposed of as therein after mentioned. And after some pecuniary legacies to others of his relations, the testator gave to his cousin William Vernon, all his messuages, lands, and hereditaments, at Horsington in Lincolnshire, for 99 years, if he should so long live; with power to make a jointure, not exceeding one moiety thereof; and after his decease, the whole to his first and other sons in tail male successively; he or they who should have the possession of the said estate, paying thereout £100 per ann. clear of all taxes and deductions, to his trustees during the life of his wife, the better to enable them to pay the annuities before devised, and to perform his will.—He then gave the said premises in Lincolnshire to his trustees and executors, during the life of the said William Vernon, to preserve the contingent remainders to his first and other sons in tail; but in trust, to permit him to receive the pro-[87]-fits for his life, paying the said £100 per ann.—And he gave to Thomas Vernon, youngest son of his cousin William Vernon, deceased, £20 per ann. during his life; some money legacies to other relations; to each of his servants a year's wages, and some charities.—And then devised in the words following, viz.

All the rest and residue of my real and personal estate, my debts, legacies, and funeral charges being first paid and satisfied, I give and bequeath unto my brother Roger Acherley, Esq. George Vernon, rector of Hanbury, George Wheeler of the Inner Temple, Gent. John Bearcroft of Meer Green, Gent. and Richard Vernon of the Webb-house, Gent. their heirs, executors and administrators respectively, upon special trust and confidence in them reposed, that the annuities and annual rents before devised to my wife and sister, and other the persons herein for that purpose above named, being first duly paid out of the rents, issues, and profits of my real estate, whereof I shall die seised or possessed, whether freehold or leasehold, and after payment of all my debts, and all legacies that I have or shall by this my will, or by any codicil or codicils, give or devise, my funeral charges, and the charges of the probate of this my will, and of administration, being paid and satisfied; that my said trustees, and the survivors or survivor of them, or the heirs and assigns of such survivor, do lay out and invest the residue and surplus of my personal estate, in lands of inheritance in the county of Worcester, if conveniently may be, or if not, then in some near adjacent county, within the space of ten years after my decease.—And that they my said trustees shall stand seised and possessed of all my real and personal estate, during the life of my wife, to the uses and purposes in this my will mentioned, and to enable them the better to perform the same; and that from and after the decease of my said