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and in trust for the Duke of Manchester, and the respondent Lady Beaulieu his intended wife, for their lives and her issue, with remainder to the appellant the Duchess for her life and her issue, in the manner therein particularly expressed; with remainders over to the several persons and their issue, to whom the estates of Duke Ralph were by his will limited. And it was thereby also further agreed, that the share of the appellant the Duchess in the same estates, should be settled upon her for life and her issue, and afterwards upon the respondent Lady Beaulieu and her issue, with remainders over in like manner as was before agreed with respect to the respondent Lady Beaulieu's share of the same estates. And these articles were afterwards confirmed by an act of parliament, which passed in the year 1723.

Duke John afterwards made many other mortgages of the Warwickshire estate, and particularly a mortgage, dated the 29th of May 1730, between himself of the first part, the Duke of Manchester of the second part, and the trustees named in the said articles of the third part, for securing £23,000, the portion of the respondent Lady Beaulieu, lent and advanced to Duke John upon the security of the said estate.

On the 6th of July 1749, Duke John died, and at his death there were two mortgages subsisting upon the Warwickshire estate, one dated the 4th of March 1731, for securing £23,000 and interest to John Eyre, Esq. and the other dated the 15th of December 1743, for securing £6000 and interest to the respondent Maidwell.

Duke John by his will, dated the 10th of June 1749, devised all his estates in Great Britain and America, which were in his power to dispose of, (except his estates in the county of Bucks, and at Blackheath in Kent,) to John Duke of Bedford, William Duke of Devonshire, Charles Montagu, Esq. and the respondents Edward Montagu and William Folkes, for 99 years, upon trust, out of the rents and profits of the said premises, or by mortgage or sale of all or any part thereof, to pay and discharge all his debts, legacies, and funeral expences, and from and after the determination of the said term, and in default of issue male of his body, to the said trustees (whom he also appointed his executors) during the life of his daughter the appellant, the Duchess, upon trust, to pay the rents, issues, and profits thereof to her during her life, for her sole and separate use; and from and after her decease, to the appellant Lord Monthermer for his life, and from and after his decease, to the use of his first and every other son successively in tail male; and in default of such issue, to the use of the said trustees during the life of the appellant Lady Elizabeth Montagu, upon trust, to pay the rents, issues, and profits thereof to [284] her sole and separate use; and from and after her decease, to the use of her first and every other son successively in tail male; and in default of such issue, to the use of the second, and all and every other daughters of the appellant the Duchess successively in tail; and in default of such issue, to the use of the said trustees and their heirs, during the life of his daughter the respondent Lady Beaulieu, upon trust, to pay the rents, issues, and profits thereof to his said daughter during her life, for her sole and separate use; and after her decease, to the use of the respondent John Montagu for his life, and from and after his decease, to the use of his first and every other son successively in tail male; and in default of such issue, to the second and all and every other the sons of the respondent Lady Beaulieu successively in tail male; and in default of such issue, to all and every the daughters of the respondent Lady Beaulieu successively in tail, with other remainders. over. And by a codicil, dated the 17th of the same month, after reciting a lease of Montagu-house for 21 years, and several other leases made by Duke John to Edward Montagu, as a trustee for him and such persons as he should appoint; he directed, that the same persons successively, to whom he had by his will devised his real estates, should have the benefit of the trust leases.

Duke John left the respondent Lady Beaulieu and the appellant the Duchess, his only children and coheirs at law.

The appellant the Duchess, upon her father's death, entered upon his Warwickshire estate, and received the rents and profits thereof under the trusts of his will without any interruption, till July 1761, when the respondents Lord and Lady Beaulieu filed their bill in the court of Chancery, against the appellants and others, charging, that Duke John had by repeated acts, made his election to accept the condition in his father Duke Ralph's will, and that having taken and enjoyed all the benefit which the performance of that condition would entitle him to, he was bound to comply with it; and therefore, the bill prayed an account of the rents and profits of the Warwickshire