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fore made on her by him) to settle on her £400 per ann. for her life, in case she survived her said husband; the said Elias Levy, in consideration of the said £4000 did subject and make liable all his stocks and money in the public funds and government securities, and all other his estates which he should die possessed of, or entitled unto, to the payment of the said yearly sum of £400, and did thereby covenant with Franks and Simon, that either he in his lifetime, or his heirs, executors, or administrators within six months after his decease, should lay out and invest £15,000, or some other sufficient part of his personal estate, on real securities or parliamentary funds, in the names of the said Aaron Franks and Lazarus Simon, or the survivor of them, the better to enable them to pay the said yearly sum of £400 to the respondent Judy for her life, in manner and at the times mentioned in the aforesaid settlement: and it was thereby declared, that on the decease of the respondent Judy, the trust thereby created should cease and be utterly void. And by an indorsement on this settlement, dated the 30th of August 1750, the said Moses Hart, Aaron Franks, and Lazarus Simon did declare, that the respondent Judy, administratrix of Elias Levy her late husband deceased, had assigned and transferred to them certain Nevis debenture orders, and other stocks or funds, amounting together to £15,000, being the sum covenanted by the said Elias Levy to be settled as abovementioned; and the said trustees did thereby declare, that the said orders so assigned to them, and the said stocks or funds so transferred and then standing in their names, were upon [309] and subject to the several uses and purposes mentioned in the said settlement, concerning the said £15,000.

Elias Levy had by the respondent Judy a son named Benjamin, who attained 21, and died intestate in the lifetime of his father, and a daughter named Isabella, who survived her brother, and on the 25th of April 1753, married the appellant, but died in March 1754, without issue, and without making any disposition of her father's personal estate.

Reuben Adolphus died in October 1759, having made his will, dated the 1st of February 1759, and afterwards two codicils thereto, and appointed Sir Joseph Hankey, Knt. and the respondent Michael Adolphus executors; and by this will, he gave his third part or share of his uncle Elias Levy's estate, which he was entitled to after the death or marriage of the respondent Judy, to his brother the respondent Michael Adolphus, for his life; and after his decease, to and for the equal use and benefit of all and every the children of his brother Dr. John Adolphus, which should happen to be living at the decease of his said brother Michael; who alone proved the will, Sir Joseph Hankey having renounced.

Dr. Joy Adolphus died in March 1764, intestate, leaving the respondents Jacob, Galley, Myra, Helena, Susanna, Jacobit, and Semela Adolphus, his children, and next of kin.

Moses Hart died in November 1756, having made his will, and appointed the respondents Michael Adolphus, and Martin and Lazarus Simon, since deceased, executors thereof, who proved the same, and became his proper representatives.

In February 1765, the respondents the children of Dr. Joy Adolphus, and the respondents Gotfrit Lucas and Solomon Henry, on behalf of themselves and other his creditors, filed their bill in the Court of Chancery, against the respondents Michael Adolphus, Martin Franks, and Lade and his wife, and afterwards amended the same, and made the respondent Judy Levy and the appellant Gordon, defendants, insisting that Dr. Joy Adolphus, Reuben Adolphus, and the respondent Michael Adolphus, were become entitled under the will of Elias Levy, and by reason of the death of the said Isabella Gordon intestate, and without issue, to the reversion of all the residue of the personal estate of Elias Levy, after the death or marriage of the said respondent Judy Levy his widow; and that their said father was, at his death, entitled to such reversionary third part as aforesaid; and that his said children, or such of them as should be living at the death of the respondent Michael Adolphus, would be entitled to another third part of the said Elias Levy's personal estate, by and under the will of the said Reuben Adolphus; and therefore the bill prayed, that an account might be taken of the debts of the said Dr. Joy Adolphus, and that so much of his third part of the said Elias Levy's personal estate, as would be sufficient for payment thereof, might be sold; and for a proper maintenance for the respondents the children of the said Joy Adolphus, and that all the personal funds and securities, on which the personal estate of the said [310] Elias Levy then stood, might be paid and transferred into the name of the