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Thomas Lord being possessed of a considerable personal estate, to the amount of £3000, duly made his will, dated the 23d of November 1720, and thereby gave to his brother William Lord £10 per ann. for life, to be paid by his executrix by four equal payments; and gave to his niece Alicia Staines, the wife of the appellant, all the estate which he should die possessed of, or any way interested in, either in possession, reversion, or remainder; but declared his mind and will to be, that the interest or other produce thereof should be for the sole use and benefit of his said niece Alicia, separate and apart from the appellant her husband, or any other husband; and that her receipt, notwithstanding her coverture, should be a sufficient discharge for any sums of money to her paid. And after the decease of his said niece Alicia, he gave and bequeathed all his said estate unto his executrix, in trust that she should pay the yearly interest, and produce thereof, for the maintenance and education of such child or children, as should be lawfully begotten by the appellant on the body of the said Alicia Staines, until they should attain their respective ages following, viz. if sons, the age of 21, and if daughters, 18; and when they should attain such respective ages, that then his executrix should pay them their several proportions thereof, share and share alike; and for want of such issue, he gave and bequeathed all his estate unto the respondents, the children of Sarah Maddock, wife of Edmund Maddock, lawfully begotten by the said Edmund on the body of the said Sarah, share and share alike; and directed his executrix, within one year after his decease, to pay to William Elliot and Joseph Hayes £5 to be by them distributed to the poor of the congregation belonging to the dissenting protestant meeting in Hanover Square, whereof the Reverend Mr. Jabez Earl was then pastor; and constituted the said Alicia Staines residuary legatee and sole executrix.

On the 16th of September 1723, the testator died; and on the 20th of the same month, the said Alicia Staines proved his will in the Prerogative Court; and she and the appellant her husband possessed themselves of the testator's personal estate, and the deeds, writings, and securities relating thereto.

In Michaelmas term 1723, the respondents being the only children of Sarah Maddock by Edmund Maddock, and being all infants, exhibited their bill in Chancery against the appellant and [109] Alicia his wife, setting forth the will of the testator, and that the said Alicia had no children, nor was in likelihood of having any; and therefore prayed a discovery and account of the testator's personal estate, and that the same might be secured for the respondents benefit.

To this bill the appellant and his wife put in their answer, admitting the facts of the bill, and setting out a particular account of the testator's personal estate; but submitted to the judgment of the court, whether such personal estate ought to be subject to the contingency in the testator's will.

On the 5th of May 1724, the cause was heard before the Master of the Rolls; when his Honour did not think fit to direct any account to be taken of the testator's personal estate, but ordered that the appellant and his wife should not transfer the testator's stocks, or assign his leases, or receive in any of his debts, without application to the Court for leave so to do; and thereupon such further order should be made as should be just.

On the 11th of January 1726, Alicia the appellant's wife died without issue, whereby the suit and proceedings abated; and therefore in Hilary term following, the