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upon the death of his son Charles without issue male, whenever that contingency should happen, whether his daughter was then living or not. That the several parts of the testator's will being thus taken and considered together, it was hardly possible for him to have expressed himself in clearer or stronger words, to prevent any doubt concerning the respondent's right to this legacy; which being in its nature one of the considerations for Henrietta's advancement in marriage, the respondent conceived himself to be clearly entitled thereto, as her husband and administrator; and therefore hoped, that the decree would be affirmed.

Accordingly, 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. 24. p. 611.)

John Wroth, Esq. afterwards Sir John Wroth, Bart. being seised in fee of a messuage called Blendon Hall, and of other messuages and lands in the county of Kent; by indenture, dated the 16th of February 1657, demised the same to Francis Hill, for 1000 years. And the said Francis Hill, on the 18th of December 1660, executed a defeazance, wherein reciting the said demise, he declared, that the same was made for securing £1100 and interest at £6 per cent.; and that on payment thereof, and of £400 more than borrowed, and interest for the same, making together £1590, the demise should be void. And by another indenture, dated the 20th of December 1662, in consideration of £1500 paid to the said Francis Hill by Sir John Baber, and of £200 to Sir John Wroth, the said Francis Hill and Sir John Wroth assigned the premises to Sir John Baber, for the remainder of the 1000 years, redeemable on payment by Sir John Wroth of £1802.

By indenture, dated the 23d of December 1669, Sir John Wroth confirmed the premises to Sir John Baber, for the remainder of the sail term, redeemable on payment of £2472 thereby acknowledged to be due.

Sir John Wroth died in 1671; whereby the reversion of the premises, subject to the said mortgage, descended to Sir John Wroth, his son and heir.

By indenture, dated the 11th of January 1672, Sir John Baber, in consideration of £2400 paid by Edward Brewster, assigned the premises for the residue of the said term to Brewster, who took possession of the same: and afterwards the said Edward Brewster, by indenture, dated the 14th of October 1673, for the considerations therein mentioned, assigned the premises to Richard Watson, his executors and administrators: and Brewster thereby covenanted, that Sir John Baber, and one Ralph Marshall, and Brewster himself, and all persons claiming under Sir John Wroth, would do any act within seven years, for further assuring the promises to the said Richard Watson, his executors and administrators, for the residue of the said 1000 years: and it was thereby declared, that the mid assignment to Watson was made in trust for Sir Edward Brett, to the intent to wait upon the inheritance of the premises, intended to be conveyed to the said Sir Edward Brett and his heirs.

After this transaction, Sir Edward Brait made his will, dated the 22d of December 1682; and therein recited as follows, viz.

Whereas by deed indented, I did purchase of Edward Brewster, [142] deceased, all that the capital messuage called Blendon Hall, etc.: which was heretofore the lands and inheritance, or reputed to be the lands and inheritance of Sir John Wroth, deceased, and lately purchased by me for the residue of the term of 1000 years, then to come and unexpired; in which deed there was a covenant from the said Brewster, that Sir John Wroth and