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said will, except in the alterations herein after mentioned. In the first place, the portion or legacy thereby given to my niece Letitia Acherley, the daughter of my sister Acherley, be made up in the whole the sum of £6000, and payable to her at her age of 21, or marriage, which shall first happen; and I recommend it to her to take her own mother's and my wife's consent to her marriage, if they shall be thon living: but my mind and will is, that what I have given to my sister and niece, be by them accepted and taken in lieu and satisfaction of all they, or either of them, might claim out of my real or personal estate; and upon condition, that they release all right and title thereunto to the executors and trustees in my will named. And having thus provided for my sister and niece, I devise all the lands by me purchased since the publishing of my will, either in Worcestershire, Shropshire, or Warwickshire, to the trustees and executors in my will named; subject to the same trusts, and for the same uses, to which I have mentioned to devise my manor of Hanbury, and the bulk of my estate.—I hereby revoke that part of my will, whereby I appointed Roger Acherley, Esq. George Vernon, Clerk, and Edward Vernon, Clerk, to be three of the trustees in my will; and I request and desire my brothers Francis Keck and John Nicoll, Esquires, to be two of my trustees, and I devise my real estate to them accordingly.—After all other debts and legacies, I will, that out of the surplus of my personal estate, the sum of £1000 be set apart for the poor of Hanbury and Shrawley, to be kept as a perpetual stock for buying gowns for poor old men and women, and coals and other fuel in the winter, at the discretion of my executors and trustees.

The testator then gave some money legacies, and an annuity of £5 to Mary Ankers for her life; and to John Bonaker, one of his servants, the small copyhold tenement at Hanbury, wherein his father lived to hold for his life.

On the 5th of February 1720, the testator died without issue; leaving Mary Vernon his widow, and the respondent Elizabeth Acherley his sister and heir at law; whereupon Mr. Nicoll, Mr. Wheeler, Mr. Bearcroft, and Mr. Richard Vernon, proved the will and codicil in the Prerogative Court of Canterbury.

Afterwards Letitia Acherley, the testator's niece, exhibited her bill in Chancery for the portion or legacy of £6000 given to her by the testator's codicil; and, on the 19th of July 1722, obtained a decree for the same, with interest from her age of 18, although the same was not payable until her age of 21, or marriage first happening; nevertheless, the respondent Bowater Vernon submitted thereto, to avoid disputes with so near a relation of the testator.

[90] The appellants, in September 1721, exhibited their bill in Chancery, against the respondents, and the said George Wheeler and John Bearcroft, two other of the trustees of the testator's will, who afterwards died, and also against Mary Vernon the testator's widow; insisting, that the testator by his will had made no disposition of the reversion in fee of the lands in Horsington, devised to William Vernon, and his first and other sons in tail; and that therefore the same descended to the appellant Elizabeth Acherley, as heir to the testator; that the testator by his codicil devised all the lands purchased by him since the publishing his will, but did not mention his fee-farm and assart rents; and that therefore the same also descended to the appellant: that the testator made no surrender of his copyhold lands to the use of his will; and that therefore the same were not well devised: that as the purchases of the lands contracted for were not compleated at the testator's death, nor he in possession thereof, the same were not well devised by the codicil; but his equitable right and interest therein descended to the appellant: that the new purchased lands being devised to the trustees and executors in the will named, and not to them and their heirs, they had only an estate for life therein; and the reversion and inheritance expectant on the trustees death, ought to descend to the appellant, as an interest undisposed of that the testator having, by his codicil, revoked that part of his will, whereby he appointed Roger Acherley, George Vernon, and Edward Vernon, to be three of his trustees; he, by that clause, revoked all the trusts and uses in his will, concerning his real and personal estate devised to the trustees; and left his real estate to descend to the heir, and his personal estate to be distributed according to the act of distribution: that the testator having appointed Mr. Keck and Mr. Nicoll to be two of his trustees, and devised his real estate to them accordingly; there wanted words to pass the inheritance thereof to them. As to the release directed by the codicil to be made by the appellant Elizabeth Acherley, that the testator intended the same should extend only as to the sum of £1000 which, by articles