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made his will, and appointed the appellants, and Richard Arundell and Hutton Perkins, Esq. since deceased, executors thereof, who all duly proved the same, and thereby became entitled to possess and receive all the personal estate and effects whatsoever belonging to the sail Henry Pelham at the time of his death; and the said Richard Arundell and Hutton Perkins afterwards dying, such right became solely vested in the appellants.

Mr. Pelham did not in his life-time take out administration to the said Thomas Pelham his eldest son, but after his death, letters of administration of the personal estate of the said Thomas Pelham were granted to the said Richard Arundell; and since his death, letters of administration de bonis non, were granted to the appellant West.

William Vane, the second son of Christopher Lord Bernard, and which William was afterwards created Lord Viscount Vane, in the kingdom of Ireland, had issue two sons, Christopher, who died an infant, without issue and intestate, in the life-time of his father; and William his younger son, the now respondent Lord Vane, who survived him, and obtained letters of administration of the personal estate of the said Christopher his brother; and Gilbert [209] Vane, the eldest son of Christopher Lord Bernard, had issue Henry, his eldest son, who, after his father's death, was created Earl of Darlington. These parties were pleased, a few years since, to dispute the appellants right in the said leasehold estates for years, and to insist that they, or one of them, were or was entitled to the absolute right and interest in all such leasehold estates, expectant on the respondent the Duke's death without issue male, either in his or their own right, or as Lord Vane was administrator of his brother Christopher.

In consequence of this dispute, the respondent Lord Vane, on the 4th of November 1755, filed his bill in the Court of Chancery, against the Duke of Newcastle and the appellants, praying that the defendants might be restrained from selling any of the said estates, and might bring into court all leases and other deeds relating thereto; and that the respondent Lord Vane's right to the said estates, or such parts thereof as he should appear to be entitled to, might be secured to him; and that such of the leases as were near expiring, or proper to be renewed, might be renewed, Lord Vane offering to pay a proportion of the fines thereon.

The late Earl of Darlington, some time after filing the said bill, died, leaving the respondent, the present Earl, his son and heir, and having made him executor of his will, who, as such, made the like claims to the leasehold estates as were made by his father; and thereupon, and upon the appellant Mr. West's obtaining administration of the personal estate unadministered of Thomas Pelham the son, on the death of Mr. Arundell, the respondent Lord Vane filed his bill of revivor and supplemental bill against the respondent the Earl of Darlington, and the appellant West, to have the benefit of the original bill, and the proceedings thereon.

The several defendants having put in their answers, the cause was heard before the Lord Keeper Henley, on the 6th of July 1758, when his Lordship was pleased to order, that the bill should be dismissed.

The appellants being entitled to the estates held by leases for years, they, after the dismission of the bill, did, by an agreement in writing, dated the 25th of September 1758, agree with. Mr. George Gregory, since deceased, for the sale of the estate, lands, and premises called Shimpling Park, subject to the life estate of the respondent the Duke therein, and to the contingency of his having a son born, for £1000, and did covenant and agree with Mr. Gregory, that the respondent the Duke should, within six months from the date of the said agreement, procure a new and effectual lease from the crown, to be made and granted to himself, or such person or persons as he should nominate, in trust, for the uses and limitations in the will of Duke John of the said estate called Shimpling Park, and of all messuages, farms, houses, lands, and hereditaments, comprised in the said term of 90 years, for such reversionary term as would fill up [210] the term then in being to 31 years from the date of such new lease, at the annual rent of £1 13s. 4d. being a proportionable share in respect of the said estate at Shimpling, of the said annual rent of £6 13s. 4d. payable for the same, and for the aforesaid estates in Nottinghamshire; and that they would, within the space of three months next after such new lease should be made and granted, by such good and effectual conveyances, assignments, and assurances in the law, as the counsel of Mr. Gregory should reasonably advise or require, well and effectually assign, assure, transfer, and make over to Mr. Gregory, his executors, administrators, and