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which the testator, at the time of making his will, had or was entitled to in possession to him and his heirs, of and in the customary hold estates. The appellant Elizabeth further insisted, that she was entitled to all such freehold and copyhold or customary estates, whereof or wherein Sir William Morgan, at the time of making his will had or was entitled to any legal or equitable estate or interest in possession, reversion, or remainder, as did not pass by his said will, and were not thereby effectually given, or disposed of; but if the court should be of opinion that the devise was not void, then she submitted whether she was not entitled to have £20,000 and interest raised and paid to her, by virtue of the trusts of the term of 1000 years, or only £12,000 and interest, under the trusts of the term of 500 years. And in case the court should be of opinion that the devise was not void, but took effect, and that she was not entitled to the £20,000 and interest, she in such case insisted, that £12,000, together not only with interest from the death of William Morgan her brother, but also all such interest as was due and in arrear for the said £12,000 at his death, and the arrears of maintenance which by the settlement was provided for her from the death of her father during her minority, and remained unpaid at her said brother's death, ought to be raised and paid to her, by virtue of the trusts of the said term of 500 years; in regard her said brother being tenant in tail in possession of the premises comprised in the said term, he had power by law to bar and destroy the said estate tail, and the remainder or reversion depending or expectant thereon, and having the power and dominion over the same, he was not under any obligation to keep down the interest of the said £12,000 for her maintenance.

The plaintiffs having afterwards amended their bill, and the appellant Elizabeth having intermarried with the appellant William Jones, they put in their joint answer to the amended bill; and thereby (amongst other things) said, that the interest of the £12,000 directed by the settlement to be raised by the trustees of the term of 500 years, computed from the time that the appellant Elizabeth attained the age of 21, to the time of the death of her brother, at 4 per cent, per annum, amounted to £6369, 4s., and in a schedule annexed to such answer, they set forth an account of the several sums of money which Mrs. Jones, after she came of age, had received from her brother and those employed in his affairs.

The respondent the Duke of Rutland, by his answer admitted, that the legal interest in the term of 500 years was vested in him as surviving trustee; and Lord George, Lord Frederick, and Lord John Cavendish, by their answer admitted, that the legal interest in the term of 1000 years was vested in them, as the personal [341] representatives of the Marquis of Hartington, afterwards Duke of Devonshire, who had survived his co-trustees, Andrew Charlton, Thomas Law, and Edmond Probyn.

In October 1766, and before Mrs. Jones's marriage, she exhibited her cross bill against the said Thomas Morgan the father, and Thomas Morgan the son, and the said Charles Morgan, praying, that the right to the said freehold and copyhold or customary estates might be settled and determined, and that the defendants might be compelled to deliver to Mrs. Jones, the possession of such of the said estates as did not pass by Sir William Morgan's will, and were not thereby effectually disposed of; and that the said defendants, or such of them as had in their hands, custody, or power, any of the Court Rolls, copies of Court Rolls, deeds, evidences, or writings which related to such estates, might deliver up the same upon oath; and that the said Thomas Morgan the father, might account for the rents and profits of the said estates, since the death of William Morgan her brother, and for the money received for timber sold off such estates, and might surrender to the appellant Elizabeth the said copyhold or customary lands in the manor of Peterstone, and such of the said copyhold or customary messuages, lands, and tenements, in the manor of Bassaleg, whereof any legal estate was vested in him, and might permit her to be admitted thereto; and in case the court should be of opinion that the freehold manors, messuages, lands, and hereditaments, mentioned and comprised in the said settlement of the 14th of May 1723, passed by Sir William Morgan's will, and were thereby effectually given and disposed of to the uses and for the purposes therein mentioned, then that such of the said sums of £20,000 and £12,000 as the appellant Elizabeth was entitled to, and all such arrears of maintenance and interest as she had a right to, and then remained due and unpaid, might be raised and paid to her, pursuant to the true intent and meaning of the said settlement.

After the marriage of the appellants this suit was revived, and the defendants