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made upon the appellant's marriage, was to be laid out in lands, and settled to the use of the appellants and the issue between them; and which sum the testator had paid to the appellant Roger Acherley, and had not laid out the same according to the trusts in the said articles. And as to several manuscripts and reports of cases determined in the Court of Chancery, collected by the testator, that the same were as a monument, or insignia of the testator's great honour and learning, and ought to go to the appellant Elizabeth Acherley, as an inheritance descendible to his heir. Upon these grounds the appellants, by their said bill, claimed all the testator's real estate, except what was given to Mrs. Vernon, and prayed that the rents and profits thereof might be accounted for to them; they also prayed an account of the testator's personal estate, and that the same might be distributed according to the act for distribution of intestate's estates.

[91] The several defendants to this bill put in their answers; and the respondent Bowater Vernon by his answer insisted, that the testator intended by his will and codicil, to make a full and compleat settlement of all his estates, real and personal; that he had thereby well and effectually devised the same; and that the appellants ought to make and execute a release of all right and title thereto, according to the condition in the testator's codicil, or relinquish what was given to them by the will.

The respondent Bowater Vernon soon afterwards exhibited his cross bill against the appellants, and the trustees of the testator's will, and the said Mary Vernon his widow, to have an execution and performance of the trusts in the said will and codicil.

On the 20th of November 1723, both causes were heard before the Lord Chancellor Macclesfield; when his Lordship was pleased to declare, that the testator's will and codicil were well proved, and that the said will not only stood unrevoked by the codicil, but was thereby confirmed; that the testator's signing and publishing his codicil in the presence of three witnesses, was a republication of his will, and both considered together made but one will; and that by the said testator's will and codicil, his fee-farm rents, assart rents, and the lands contracted to be purchased by him, and all the testator's real and personal estates, and all the interest he had therein, except his copyhold lands purchased before his will, if any such, did well pass; and did therefore order, that the appellants bill should stand dismissed; and his Lordship declared, that such dismission ought to be with costs: but the respondent Bowater Vernon, then present in court, waiving the same, if the appellants would give a release of their claims and demands out of the testator's estate, except the copyhold lands purchased before the will, if any, and what was given to them, or either of them, by the will; it was further ordered, that if the appellants should, by fine, and such other means as Mr Edwards, one of the Masters of the Court, should approve, make and execute an effectual release of all their claims and demands, to or out of the said testator's estate real and personal, except the copyhold lands purchased before the testator's will, if any such, and what was to them or either of them given by the will; or should, by an instrument to be settled by the said Master, relinquish what was given to them or either of them by the will, by such time as the Master should appoint; that then the appellants should be excused payment of costs to any of the defendants, except Mrs Vernon: but if the appellants should not think fit to execute such release, or to relinquish the legacies given to them or either of them by the will, within such time as should be appointed by the Master, then they should pay all the defendants their costs to be taxed.

And in the cross cause it was ordered and decreed, that the trustees should account for the testator's personal estate; and the respondents Keck and Nicoll refusing to act in the trust, it was further ordered, that they should release their trust to Mr Wheeler and Richard Vernon, the other surviving trustees; and that the [92] Master should appoint new trustees, in the place of the trustees that were dead, or refused to act; and the surviving acting trustees were to convey and assign the testator's real and personal estate, as the Master should direct, to the use of themselves and the new trustees, upon the trusts directed and appointed by the said testator's will and codicil: and that the trustees should proceed to compleat the purchases of the lands and hereditaments contracted to be purchased by the testator in his life-time; and that the residue of the testator's personal estate should be invested in the purchase of lands of inheritance in the county of Worcester, or in some near adjacent county, to be approved of by the Master, who was to see the lands when purchased, and also the lands contracted to be purchased by the testator, settled and conveyed according to the directions of the said will and codicil. And it was further ordered and decreed, that the defendant Mrs.