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be dismissed; and so much of the decree as was therein complained of, affirmed. (M. S. Jour. sub anno 1774, p. 623.)

Vincent Darley being seised and possessed of considerable real, leasehold, and other personal estates, made his will, dated the 10th of October 1759, and thereby after bequeathing many pecuniary legacies and annuities, he gave and devised all his real estates in the counties of Devon and Cornwall, (in case he should leave no issue at his death,) to the respondent, the son of his sister Essex Langworthy for life, with remainder to his first and other sons in tail male; remainder to the next and other sons of his said sister Essex Langworthy in like manner, with remainder to his own right heirs; but nevertheless, the testator declared his will to be, that his dear wife Elizabeth, the appellant, should have, hold, receive, and keep the rents and profits of his said lands, for her own use, during her natural life, and that the same should be subject to the incumbrances that he had laid thereon. And reciting, that he was entitled to a messuage or tenement called Bonds Walls, lying contiguous and [360] adjoining to his estate called Battens, for the remainder of a term of 900 years, or some such long term; he by his said will, ordered and directed his trustees and executors therein named, to grant and assign the same tenement unto some person or persons in trust, if it could or might be done by any ways or means whatsoever, that the same might go unto, and always during the remainder of the said term be enjoyed by the owner or possessor of Battens for the time being, and not to be separated therefrom, as long as the said term should last and the testator gave to his said wife the appellant, the rents, issues, and profits of all his chattel estates for so many years as she should live, if the terms therein so long continued, and she should choose to reside at Battens aforesaid. And he also gave to his wife, and Richard Welsh, all the rest of his goods, chattels, and personal estate, after payment of his debts, legacies, and funeral expences; and made them executors of his will, in trust for his said nephew the respondent, when he should arrive at his age of 21, or be married within that time, and should leave a child or children to enjoy the same; but it was his will, that his wife should have and enjoy, during her life, the use of all the household goods, plate, and furniture at Battens, and the stock on the premises both quick and dead.

The testator died on the 8th of February 1764, leaving the appellant his widow; and Theodore Darley his brother and heir at law.

The said Theodore Darley, in the year 1765, filed his bill in the Court of Chancery against the appellant, and the respondent and others, stating, that he was the brother and heir at law of the testator, and also stating the testator's will, and that the testator had, after making such will, viz. in Michaelmas term 1763, suffered a common recovery of several parts of the estates and premises thereby devised, and by proper deeds and conveyances declared the uses of such recovery to himself in fee. That the testator died without republishing his will, or making any other will, leaving the said Theodore Darley his brother and heir at law. He therefore insisted, that as the recovery was suffered by the testator long after the making of his will, and as the testator did not republish the same, or make any other will of the said estates, after suffering such recovery, the