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Sheffield, within three months in manner aforesaid; and should not, within [150] three years, use his, her, and their utmost endeavours to procure such act of Parliament as aforesaid; then the whole estate and estates therein devised to him, her, or them so refusing or neglecting, or to the woman or women, whose husband or husbands should so refuse or neglect, should cease and be void; and then and from thenceforth the person or persons who, by virtue of his said will, should be next in remainder, might enter into and enjoy the same, taking upon him, her, or them the sirname of Sheffield, and endeavouring to procure such act of Parliament as aforesaid.

And the testator also gave and bequeathed to his trustees and executors, all his money, and all other his personal estate, not otherwise before given or disposed of, in trust, that they, or the survivors or survivor of them, should sell and dispose thereof for the most money that could be got for the same, and should put out at interest such money for the best advantage they could make, till the same could be laid out by them in some good purchase of lands, tenements, or hereditaments in fee-simple, free from incumbrances; and they were thereby directed to make such purchase accordingly, and to settle the same lands, tenements, and hereditaments, to and upon the same persons and uses, and upon the like trusts, limitations, and conditions, as his real estate was in his said will given and devised; and that the interest should go as the rents and profits of the lands when purchased were to go.

The Duke afterwards made two codicils, both also of his own writing; and died on the 24th of February 1720, leaving issue Edmund, Duke of Buckinghamshire and Normanby, his only son and heir, an infant of tender years; and soon after the testator's death, his executors proved his said will and codicils, and took upon themselves the execution of the trust and executorship.

In Easter term 1721, Duke Edmund, by his next friend, exhibited his bill in the Court of Chancery, against the appellant and the trustees and executors, and the respondents Charles Sheffield (then Herbert), Sophia Cox (then Sheffield), and Charlotte Walker (then Sheffield); praying, inter alia, that a proper allowance might be settled out of his estate for his maintenance and education, from time to time; and that the rents and profits of his estate, from his father's death, might be annually accounted fox, and the clear residuum thereof improved for his benefit.

In July fallowing, the respondents Charles Sheffield, Sophia Cox, and Charlotte Walker, by their next friends, likewise exhibited their bill in the Court of Chancery, against the said Edmund, Duke of Buckinghamshire and Normanby and the appellant, and the executors and trustees; praying, that the late Duke's debts and legacies might be paid, and that the legacies to the then plaintiffs might be effectually secured, to be paid to them as soon as they should be capable of receiving the same; and that the same [151] might, in the meantime, be so disposed of and employed, as that they might have the benefit thereof for their maintenance and education; and that the several trusts created in and by the said will might be executed and performed, and all matters and methods done and taken in relation thereto, for the benefit and advantage of such as were or should be concerned in the said estates, under the said will.

The several defendants to both these bills having put in their respective answers, the plaintiffs in each cause replied, and issue being joined, and several witnesses examined, both causes came on to be heard together before the Lord Chancellor Macclesfield, on the 23d of December 1721, who declared, that the said will and codicils were well proved, and that the same ought to be established, and the trusts therein performed, and decreed the same accordingly; and it was also decreed, that an account should be taken by the Master, of the testator's personal estate, not specifically devised, which had come to the hands of any of the parties respectively, or to the hands of any other person for their respective use; and the Master, in taking the said account, was to make all just allowances: and it was further decreed, that the specific legacies should be delivered to the persons to whom the same were devised;

and that the rest of the testator's personal estate, after his debts and legacies paid, and all other just allowances thereout deducted; should be invested in a purchase or purchases of lands, tenements, and hereditaments, in fee-simple, free from incumbrances, to be approved by the Master, who was to see such estate, when purchased, settled upon the persons and uses, and upon the like conditions, as the testator's real estate which passed by the will was directed; and in the mean time, until such purchase or purchases could be found, the said personal estate was to be put out upon security or