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estate, real and personal, (except what was otherwise expressly devised), upon the respondent Bowater Vernon and his issue male, and the other persons in remainder after them, in order to preserve the same in his name and family; for by his codicil he declared his mind and will to be, that what he had given to his sister the appellant Elizabeth, and to his niece her daughter, should be by them accepted and taken, in lion and satisfaction of all that they, or either of them, might claim out of his real or [94] personal estate; and upon condition that they released all right and title thereto, unto the executors and trustees in his will named; and it was insisted, that there were words in the codicil sufficient to answer this general intention of the testator, and to pass the fee-farm rents and assart rents, as well as the rest of his real estate, purchased after making the will. But if there were any doubt touching the extent of the words in the codicil, yet the testator having thereby taken notice of his will, and ratified and confirmed the same, and having executed the codicil in the presence of three witnesses, it ought to be taken as a republication of the will, and both ought to be considered together as one will. That as to the lands contracted to be purchased by the testator in his life-time, and for which he had paid great part of the purchase money; it was contended, that whether they were to be considered as real or personal estate, they were well devised by the codicil. That the testator did not by his codicil revoke, or intend to revoke, any of the devises or limitations in his will of his real estate, or of the residuum of his personal estate, but barely to change some of his trustees, for which he had particular reasons, and to substitute new ones in their stead; and it was manifest, that the testator intended Mr. Keck and Mr. Nicoll to be two of the trustees for the respondent Bowater, and those in remainder after him, the trusts in the will being the only trusts that could be intended; and made use of a very significant and comprehensive mode of expression for that purpose, by the devise of his said real estate to them, accordingly. And as to the appellants costs, it was hoped, that if they did not think fit to accept the offer made by the respondent Bowater Vernon at the hearing, they should not only pay costs in the original cause, but should also lose their costs in the cross cause; for that their original bill was vexations, having thereby, and by their answer to the cross bill, disputed almost every branch and article of the testator's will and codicil, and put the respondent Bowater to a considerable expence in defending the same.

After hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the decree therein complained of affirmed. (Jour. vol. 22. p. 588.)

Robert Wynn, Esq. was, in the year 1709, seised in tail of an ancient capital messuage or tenement, and demesne lands thereto belonging, called Maesmochnant, and of another tenement and lands called Maes y Criafol, which had been the estate and inheritance of his ancestors; and of two other tenements called Bwlch Glas and Gwern Vwod, and several parcels of land, which came into his family long after the other estates, and were gained by the marriage of one of his ancestors with an heiress; also of another tenement, which had been purchased by his father or grandfather: he was also seised in fee of two other tenements and lands, which had been purchased by himself, and never belonged to any of his ancestors; all which premises were lying in the parishes of Llanrhaiader and Llanarmon Mynydd Mawn, in the county of Denbigh. And being so seised, the said Robert Wynn, at the Great Sessions holden for the said county, on the 5th of September 1709, suffered a common recovery of all the said premises; and by indenture dated the 12th of the same month, reciting such recovery, declared the uses thereof to be to the use of such person and persons, and for such