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to him as aforesaid, and continued in receipt of the rents and profits thereof until his death, without discharging the £1500 or any part thereof.

On the 23d of October 1746, Robert Lawson the son died intestate, unmarried, and without issue, leaving Hylton Lawson his only brother and heir at law, to whom the said premises descended, subject to the mortgage; and Hylton, upon the death of his brother, entered upon and continued in the possession of the premises until his death, which happened on the 14th of November 1767, without discharging the mortgage.

Hylton Lawson duly made his will, bearing date the 14th of April 1748; wherein, after mention made by him that he had surrendered all his copyhold estates at Cherton and Preston in the parish of Tinmouth to the uses of his will, there are (among other things) the clauses following; videlicet:—

I do hereby charge my said copyhold estates, messuages, lands, tenements, and hereditaments, at Cherton and Preston aforesaid, and also all those my messuages, lands, and tenements, situate, lying, and being at Cramlington in the county of Northumberland, with the payment of all my debts, legacies, and funeral expences, as also all my personal estate, of what nature or kind soever, except £300,

(which the testator thereby gave and bequeathed to his wife;)

and hereby direct, that all my debts, legacies, and funeral expences, shall be paid out and discharged by mortgage or sale of such and so much of my said freehold and copyhold lands at Cramlington, Cherton, and Preston aforesaid, as shall be necessary and sufficient to pay and discharge the same, with all my personal estate, except the £300 before-mentioned.

"I also give unto my god-daughter Winefred Collingwood the sum of £100 to be paid unto her, out of my said freehold and copyhold estates, within twelve months after my decease."—And the testator thereby gave to every servant that should be living with him at the time of his decease 20s. and ordered £100 to be laid out upon his funeral; and all the residue and remainder of his freehold and copyhold estates, messages, lands, and tenements, at Cramlington, Cherton, and Preston aforesaid, as also his capital messuage aforesaid, he gave, devised, and bequeathed, charged and chargeable as aforesaid, unto Henry Hudson and his heirs for [426] ever, to the uses following; viz. to the use of his brother John Lawson for life; remainder to the use of the said Henry Hudson and his heirs, in trust to preserve contingent remainders; remainder to the use of John Lawson the younger, eldest son of John Lawson, for his life; remainder to the use of the said Henry Hudson and his heirs, in trust to preserve contingent remainders; remainder to the use of the first and every other son of the body of the said John Lawson the younger, successively in tail male; remainder to the use of the Reverend Wilfred Lawson for his life; remainder to the use of Henry Hudson and his heirs, to preserve the contingent remainders; remainder to the use of the first and every other son of the body of the said Wilfred Lawson, successively in tail male; with the ultimate remainder to Mansfield Cardonnell in fee: and the testator appointed his wife, the respondent, sole executrix of his said will.

John Lawson the elder, one of the devisees for life named in Hylton Lawson's will, died in the life-time of the testator; therefore on the death of Hylton Lawson, the appellant, being the second devisee for life named in the will, did, by virtue thereof, enter upon and take possession of the messuage and premises so devised as aforesaid, and continued in the possession thereof.

Henry Rawling the mortgagee, died many years since, leaving Sir Benjamin Rawling, Knight, his only brother and heir at law; and by his will appointed him executor, who proved the same, and thereby became intitled to receive the €1500 and interest.

Soon after the death of Hylton Lawson, the respondent proved his will, and possessed so much of his personal estate as she was able, and paid his debts, legacies, and funeral expences; and apprehending that the mortgage debt of £1500 and interest was also to be paid out of the personal estate, as the same was sufficient for that purpose, she, in April 1768, discharged the said mortgage debt accordingly, and paid a considerable sum for interest thereof. And thereupon, by indentures of lease and release, dated the 25th and 26th of April 1768, the release made between Sir Benjamin Rawling of the first part, the respondent of the second part, and Henry Hudson, the trustee, named in Hylton Lawson's will, of the third part; it was witnessed, that, in consideration of £1500 to Sir Benjamin Rawling paid by the respondent as executrix, by and out of the personal estate of Hylton Lawson, in full discharge of all principal money and interest then due upon the mortgage or otherwise; and in