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her executors, administrators, or assigns, by sale of timber, or by sale of any part of the premises, or otherwise by digging, sinking, getting, and sale of coal on the premises, or any part thereof, at her, her executors, administrators, or assigns, election or choice.

And if his wife should die before raising the said £500, the testator gave her power, by will or deed, to appoint any person to raise the said £500 by sale of timber, or by sale of coals as aforesaid, or by sale of any part of the premises as aforesaid; with a proviso, that if either of his sisters after named, or such person or persons for whom his trustees after named should be trustees, should pay his said wife, her executors, administrators, or assigns, the said £500, or according as she should, by will or deed, devise or dispose of the same, that then the said power should cease and determine. After which the will proceeds in the following words:

And from and after the decease of my said wife, I give, bequeath, devise, and dispose of all my said estate before meant, named or mentioned, within the said parish of Hawarden, consisting in houses, outhouses, lands, tenements, and hereditaments, with their and every of their appurtenances, unto Francis Bramston, Serjeant at Law, and to Charles Nott of Bybroke in the county of Kent, Gent, and to Edward Parry of the Six Clerks Office, London, Gent. and to the survivor and survivors of them, upon the trust hereafter mentioned; (subject nevertheless to the raising the aforesaid £500) that is to say, in trust to and for my loving sisters Ann Lunsford, and Dorothy Evatt, the wife of Major Evatt, equally betwixt them during their natural lives, without committing any manner of waste, from and after the decease of my said wife: Provided always, that what sum or sums of money, in part or in full of the said £500 hereby left my wife, shall be really paid my said wife, her executors, [121] administrators, or assigns, by either of my said sisters, in that case, my will and meaning is, that such monies be likewise raised by getting of coal upon the premises only; and if either of my said sisters happen to die, leaving issue or issues of her or their bodies lawfully begotten, or to be begotten, then in trust for such issue or issues of the mother's share, or else in trust for the survivor or survivors of them, and their respective issue or issues: and if it shall happen that both of my said sisters die without issue as aforesaid, and their issue or issues to die without issue or issues lawfully to be begotten; then the said trustees to stand and be intrusted to and for my kinsman Mr. John Swift, and the heirs male of his body lawfully to be begotten; and for want of such issue, then in trust for my godson Ravenscroft Gifford, and the heirs male of his body lawfully to be begotten, provided the said heir male be christened Thomas Ravenscroft; and for want of such issue, then in trust for the heirs male of William Ravenscroft of Cornhill, London, mercer, lawfully begotten or to be begotten; and for want of such issue, then in trust for my cousin Mr George Ravenscroft of London, merchant, and his heirs for ever, lawfully begotten or to he begotten.

The jury further found the death of the testator, and of his wife, to whom the premises were given for life; as also the death of Ann Lunsford one of the testator's sisters, without issue, and that Dorothy Evatt, the other sister, entered and was sole seised of the premises on the 1st of October 1686.

That at the sessions for Flint, held the 9th of April 1688, the said Dorothy Evatt levied a fine, and suffered a recovery of the premises, the use whereof was declared to her and her heirs.—That John Swift, the first remainder-man after the sisters and their issue, died without issue the 26th of February 1697.—That Dorothy Evatt was sister and heir to the testator.—That Ravenscroft Gifford, one of the plaintiff's lessors, the next remainder-man after John Swift, went beyond sea in 1693, where he continued till 1719.—That Edward Parry was the survivor of the three trustees in the will, and was dead; and that Edward Parry, the other lessor of the plaintiff, was his heir.—That Dorothy Bratt, the surviving sister, died the 12th of July 1698, without issue:—And that Ravenseroft Gifford, the remainder-man, and David Parry, the heir of the surviving trustee, entered and severally leased to the plaintiff, upon whom the defendant entered and dispossessed him.

Upon this verdict, judgment was given in the Grand Sessions of Flint, on the 23d of March 1821, for the defendant.

Whereupon a writ of error was brought, returnable in the Court of King's Bench, where, after several arguments, it was the unanimous opinion of all the Judges of that Court, that the judgment given below was erroneous; and in Easter term 1728, that judgment was reversed accordingly.