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securities, to be allowed of by the Master at interest for the best advantage, which interest was to go as the rents of the lands when purchased were to go.

And it was further ordered, that the Master should take an account of the rents and profits of the testator's real estate, not settled upon or devised to the appellant, which had accrued due since his death; and the Master was to appoint one or more parson or persons to receive the rents and profits of such real estate, and also of the personal estate for the future, and to allow them salaries in respect thereof; such receiver or receivers first giving security, to be allowed of by the Master, duly to account for and pay what should be by them respectively received; and such receivers ware, at least once in every year, respectively to account before the Master for what they should so receive; and the rents and profits of the said real estate, and the interest of the surplus of the personal estate, above what should be allowed thereout for Duke Edmund's maintenance and education, were to be, from time to time, put out and improved at interest upon security, to be allowed by the Master, for the said Duke's benefit, and a distinct account [152] was to be taken and kept thereof; and the Master was to tax all parties their costs of those suits, which were to be paid out of the testator's estate; and any of the parties were to be at liberty, from time to time, to apply to the Court for such further directions as might be proper.

Upon the motion of counsel for Duke Edmund, praying, that the sum of £30,000, part of the South-sea stock belonging to the testator, might be sold in order to pay the purchase of some estates in the county of York, which had been contracted for; it was, on the 11th of May 1722, ordered, that it should be referred to the Master, to sea out of what estate the said £30,000 might be raised for purchasing the said premises besides the testator's South-sea stock; and whether it would be proper sad for the benefit of all parties, to have the monies necessary for completing the said purchase raised by sale of the said South-sea stock, or out of the other personal estate of the late Duke.

The Master, on the 19th of the same month, made his report; whereby he approved of the executors and trustees purchasing the said estates, at the prices and upon the conditions therein set forth; the same being conveyed according to the uses in the late Duke's will. And on the 2d of June following, it was ordered, that the Master should state in a particular manner, by way of estimate, the several parts of the testator's personal estate, and the facts relating thereto.

Accordingly, on the 8th of the same month, the Master made another report, whereby it appeared, that the personal estate of the late Duke (over and above the jewels, household goods, coaches, and horses given by him to the appellant absolutely, and the pictures, plate, and statues given to her Grace for life, or during her widowhood, and afterwards to go as the house and estate were limited) amounted, at the time of his death, to the sum of £53,012 16s. 8d. exclusive of the sums of £4,768 15s. 7d. capital South-sea stock, and £6000 African stock. And on the 9th of June 1722, it was ordered, that the trustees should be at liberty to sell so much of the said South-sea stock as was requisite for answering the purchase of the said estates. And accordingly the stock was soon afterwards sold, and the purchases completed.

On the 30th of October 1735, Duke Edmund died in his infancy, and without issue; having first made his will, dated the 14th of October 1734, and thereby devised all his real and personal estate to the appellant, his mother, and appointed her sole executrix.

The said suits and proceedings being abated, as well by the death of Duke Edmund, as by the marriages of the respondents Sophia and Charlotte, the same were afterwards duly revived; and by an order dated the 30th of March 1736, it was ordered, that the possession of the manors of Normanby, Burton, Butterwick, Crosby, Conisby, and Flixborough, in the county of Lincoln, [153] and of the manor of Dunsly in the county of York, and of the estates purchased in Yorkshire in pursuance of the decree, from the several persons mentioned in the report of the 10th of May 1722, should be delivered to the respondent Charles Sheffield, without prejudice, and subject to the further order of the Court; and that he should be at liberty to receive the rents in arrear of those estates, that became due since the death of Duke Edmund, but that the receivers should, notwithstanding, receive all such rents of those estates as became due before his death, and were then unpaid; and that the respondent Charles Sheffield should, by his consent, pay the rent reserved upon the lease of the alum works made to