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wife, in case I shall happen to die without issue of my body then living, they shall stand seised and possessed of all my manors, messuages, lands, tenements, and hereditaments, as well freehold as leasehold, for lives or years, and also of the lands hereby directed to be purchased with the surplus of my personal estate, and shall convey, settle and assure the same, in such manner as counsel shall advise, to the use of Bowater Vernon for 99 years, if he shall so long live; with power of making a jointure, of any part of the premises, except the capital messuage and manor of Hanbury, so as such jointure do not exceed £500 per ann. then to trustees during his life, to preserve contingent remainders, and to his first and other sons in tail male; and in default of such issue, to his brother William Vernon, for 99 years, if he shall so long live; with like power of making a jointure, and to trustees to preserve contingent remainders, and to his first and all other his sons in tail male; and in default of such issue, to his brother Thomas Vernon, and to his first and other sons in tail male, with power of making a jointure in manner aforesaid; and in default of such issue, to my kinsman Thomas Vernon, only son of Edward Vernon of Guildford, in the county of Surrey, Clerk, for 99 years, if he shall so long live; and then [88] to trustees to preserve contingent remainders, and to his first and other sons in tail male, with a power of making a jointure as aforesaid; and in default of such issue, to Vernon, son of George Vernon of Hanbury, Clerk, for 99 years, if he shall so long live, with a power of making a jointure in manner before mentioned, and to trustees to preserve contingent remainders, and to his first and all other his sons in tail male; and for default of such issue male, to all other the sons of the said George Vernon, begotten or to be begotten, for 99 years, if they respectively shall so long live, and to their first and other sons in tail male, severally and successively, according to their priority of birth and seniority of age, the elder and his issue male to be preferred before the younger and his issue male; and for want of such issue, to the heirs male of the body of Richard Vernon, my great-grandfather, with a remainder to my own right heirs; or as near to the uses and limitations herein mentioned, as can be done by law, to the intent to preserve the estate in my name and family; but such settlement, conveyance, and assurance so to be made, is to be subject and liable to such of the annuities as shall not be then determined, given by this my will. And I do hereby direct and appoint, that my said trustees, during the life of my wife shall pay the clear surplus of the profits of my estate, real and personal, after payment of the annuities, debts, legacies, and funerals, and all other necessary payments and outgoings deducted, unto the said Bowater Vernon, for so long of the time as he shall happen to live; and after his decease, to his first and other sons, or to such other person and persons successively, who, according to the devises and limitations above mentioned, shall or may become entitled to the possession of my real estate, or to have a conveyance thereof from my trustees, after the decease of my wife.

And he gave £50 a-piece to his trustees, who should act in the trust; and some other money legacies to other persons.

The testator lived about nine years after the making of his will; during which time he purchased other lands and hereditaments, and a fee-farm rent of £35 17s. 6d. issuing out of his manor of Hanbury, which thereby became merged, and some other fee-farm and assart rents in the counties of Worcester and Salop, amounting to £71 per ann.; and he also contracted for the purchase of lands in the county of Warwick, amounting to £62 per ann. and paid great part of the purchase money: and being minded to dispose of all such lands, fee-farm rents, and hereditaments, as he had purchased, or agreed to purchase, in the same manner as he had disposed of the bulk of his estate by his will"; and having an intention to make an alteration of some of the trustees in his will, and to appoint new trustees in their stead; and being desirous to quiet his trustees, and the respondent Bowater Vernon, and the other devisees in remainder after him, against all disputes and controversies which might happen to be commenced against them by the appellants and Letitia Acherley their daughter; and in order to ratify and confirm his said will, except as to the alterations in the codicil; the testator, on the 2d of February 1720, in his last sick-[89]-ness, and about three days before his death, made a codicil to his will, all of his own hand-writing, and which codicil was in the words following; viz.—

Whereas I made a will, dated on or about the 17th day of January 1711, whereunto Peter Cottingham, Philip Wright, John Cottingham, and Thomas Alcock, are witnesses; now I hereby ratify and confirm the