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ships of Normandy, Burton, Butterwick, Crosby, Conisby, and Flexborough, in the county of Lincoln, with all their rights, members, and appurtenances; and also the manor of Dunsly in Yorkshire, which he purchased of Mr. Fairfax; in trust only; and for the sole use and benefit of such persons as he then did, or should thereafter nominate, appoint, and choose; he also gave and devised to the same persons, whom he constituted his executors, and to their heirs for ever respectively, all his other real and personal estate whatsoever; to be disposed of to such persons, and to such uses only, as he then did, or should thereafter direct and appoint.

In the first place, his will and meaning was, that the appellant should have, during her life, his new-built house in St. James's Park, with the two wings adjoining, and all the stables, gardens, courts, and green houses, thereunto belonging, with all his oil and water-coloured pictures and statues therein, except what he should particularly mention and give away otherwise, either then or thereafter. But he gave all these things and this house also for her life, upon this express condition only, that if the appellant should at any time warry again, then his will was, that the said house with the said two wings, pictures, and statues, should go forthwith to his eldest son and his issue; and if all his issue male should die, then to his eldest daughter and her issue; and if the testator left no lawful issue, then to the respondent Charles Sheffield, by bis then name of Charles Herbert; and if he should die without issue, then to the testator's two natural daughters, the respondents Sophia and Charlotte.

In the next place his will was, that his eldest son and his issue, and if the testator left none, his eldest daughter and her issue, should, after his death, have all his whole estate real and personal; except what he had given to the appellant, and should give by other dispositions to her, or to any other uses, or to his natural children: thon his will was, that the respondent Charles [149] Sheffield should have £7000 paid by the trustees at the testator's death, and that Mr. William Bromley should have the tuition of him till the age of 21; also that the respondents Sophia and Charlotte should have £1000 a-piece paid for their use and benefit at the time of the testator's death, or as soon after as could be; and he directed, that all those three children should carry his name and arms, with the accustomed distinction of natural children.

The testator then directed his trustees to dispose of all his estate, both real and personal, according to their judgment, for the advantage of all those to whom he had given it; particularly directing them to buy land, by advice of Chancery, with all the money which he had given thereby to his dearest son as aforesaid. And if he should be so unhappy, as that no legitimate son or daughter of his should live to leave at any time the blessing of any child behind them, in such case of their dying thus, without leaving any issue behind them, he directed, that the respondent Charles Sheffield and his issue should have all his estate, both real and personal, just in the same manner, and with the same restrictions and exceptions as to the appellant; and on condition also, that he added £5000 to each of the respondents Sophia and Charlotte, and that he paid also to his mother, Mrs. Lambert, £1000; and if he should die with only issue female, then the testator directed, that all his estate should be equally divided among his the respondent Charles Sheffield's daughters, and the respondents Sophia and Charlotte; and if the respondent Charles Sheffield should die childless, then and in that case the testator directed, that all his said real and personal estate should go to the respondents Sophia and Charlotte, with the same restrictions and exceptions.

And in case the testator should die without leaving any legitimate issue male, he gave to his nearest kinsman, Robert Sheffield, all his stock at the alum works; on condition that he performed all the contracts which the testator had made with any person about alum; and in case his said kinsman should dot so engage to perform his said contracts, he thereby gave all the said stock at his alum works to the respondent Charles Sheffield.

Provided nevertheless, that all the persons intended to take any real estate in the premises, and also the husband and husbands of every such woman or women, to whom any estate was therein before limited or devised; should, within three months next after they should severally come to be in the possession of any part thereof, take upon him, her, and them the sirname of Sheffield, and endeavour to procure, as soon as they could, an act of Parliament for the calling him, her, and them by the name of Sheffield, and for their styling themselves in all deeds and writings by the sirname of Sheffield; and if they should refuse or neglect to take upon him, her, or them the said sirname of