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wiser to adhere to them, and that they should stand as a rule of property, than that they should be now shaken.

After hearing counsel on this writ of error, the following question was put to the Judges, "Whether in the event which had happened, the defendant Hamilton White took any and what estate in the lands of Bantry, under the devise to him, for the default of issue of Simon White?" And the Lord Chief Baron having taken time to consider the question, delivered the unanimous opinion of the Judges present, that the defendant Hamilton White took an estate tail in the said lands, under the devise to him for default of issue of Simon White. Whereupon it was ordered and adjudged, that the judgment of the Court of King's Bench in England, reversing the judgment of the Court of King's Bench in Ireland, should be affirmed. (M. S. Jour. sub anno 1782, p. 543.)

William Wicker, Esq. the brother of Sarah the wife of William Mitford, Esq. the respondent's late father and mother, being seised in fee-simple of a freehold messuage or tenement, with a malthouse and other appurtenances thereto belonging, situate at or near Moakbridge, in the county of Sussex, and seised to him and [443] his heirs of a copy hold malthouse, with the appurtenances, situate in the parish of Old Shoreham, in the same county; and being possessed of, or intitled to a considerable personal estate, and having duly surrendered the copyhold malthouse and appurtenances to the use of his will, duly made and published his will, bearing date the 12th of December 1750, and thereby, after reciting that he was possessed of a fortune of £6000 or thereabouts, which was placed out at interest, upon several securities, and was possessed of the before-mentioned freehold and copyhold estates; he gave and devised all the said freehold and copyhold estates to his brother John Wicker, Esq. since deceased, and his heirs, in trust to sell the same, and to apply the money to arise by such sale in such manner as therein-after directed: and he thereby gave and devised unto his wife Elizabeth Wicker, one annuity or clear yearly sum of £100 during her life, payable quarterly, as therein-after mentioned, upon condition that he did not leave any child, or more than two children, living at the time of his decease; and gave her the use of his household goods, plate, and linen, during her life, and directed an inventory to be taken thereof and after reciting, that he was but lately married, and that it was uncertain what children he might have, he made the disposition of his fortune thereinafter in part mentioned, that is to say, in case he should leave one or more child or children, he gave the same to him, her, or them, in manner therein mentioned; and in case he should die without issue, he gave and bequeathed the whole of his fortune equally to be divided between any second or younger sons of his brother John Wicker, and his sister Sarah, the wife of the said William Mitford, by him or any other husband she might thereafter happen to intermarry with; and in case it should happen that his said sister and brother should not leave any such second or younger son, then he gave and bequeathed his said fortune to his said brother John Wicker, and his said sister Sarah Mitford, equally to be divided between them, and to their respective executors and administrators; and he directed the several and respective fortunes or portions, either of his own, or his said brother's or sister's children, to be severally and respectively paid them by his executors at their respective ages of 21 years: and he gave to his servant John Jones, £10 per annum for his life, as and for his wages, which he should receive as a servant to his the testator's wife, whom he desired she would retain in her service; but in case it should happen that any difference should arise between them, so as they should not live together, his will was, that his executors