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should continue the payment of the said annuity yearly and after giving some pecuniary legacies, he gave to his wife the lease of the house wherein he then dwelt, and the farm and lands thereunto belonging, and all the stock of horses and cattle of all sorts that should be upon the farm at the time of his death, with liberty and power to sell and assign the lease: and in the will was contained a proviso, and the testator declared it to be his will and meaning, that notwithstanding any thing [444] therein contained, in case he should die without issue, and his said sister Mitford should not have any second or younger son then born of her body; then and in such case he gave and bequeathed the one half of his fortune to William Mitford, eldest son of the testator's sister Mitford, if he should be living at the time of his the testator's decease; but in case of his death, and of the death of the testator's said sister before the testator, then and in such case he gave the whole thereof to his said brother Wicker, and his executors or administrators: and he appointed his said brother John Wicker sole executor of his will, and made him his residuary legatee.

On the 1st of April 1751, the testator made a codicil to his will, and thereby directed, that the whole of his fortune in his will mentioned, should be liable to the payment of £100 a year annuity, by his will given to his wife Elizabeth; and that the said annuities should become payable according to the several contingencies in his said will mentioned; and he thereby gave to his said wife £100, payable as therein mentioned, and devised to her two small freehold closes of land, which he had lately purchased, and made some variation in the disposition of the lease of his house, and the farm and lands thereto belonging; but did not make any variation in the disposition made by his will of the bulk of his fortune.

The testator died on the 9th of June 1751, without issue, leaving John Wicker his brother, and heir at law, who, upon his death, duly proved his will and codicil, and undertook the execution thereof; and possessed himself of such part of the testator's personal estates and effects, not specifically bequeathed, as he was able, and got into his custody all the securities for money which the testator was possessed of, or intitled to at the time of his death; and he also entered into possession of the said freehold and copyhold premises; and he afterwards sold the freehold premises at Moakbridge, to one Mr. Greenfield, for £250.

William Mitford and Sarah his wife, the respondent's father and mother, not having any son except William, and John Wicker not having any son, William the son, as an infant, by his next friend, on the 12th of August 1752, exhibited bis bill in the Court of Chancery, against the said John Wicker and Elizabeth Wicker, and John Jones, stating the will and codicil, and the other matters before set forth; and also stating, that his father and mother not having any other son than himself, he, upon the death of the testator, became well entitled to one full moiety of the personal estate of the testator, and of the money arising by the sale of the said messuage and premises at Moakbridge, and of the malt-house and premises at Old Shoreham, after payment of the debts and funeral expences of the testator, and the legacies and annuities given by his will and codicil; and that John Wicker not having a son, did, on the testator's death, became entitled to the other moiety of the said personal estate and praying that the testator's will and codicil might be established, and the [445] trusts thereof performed; and that an account might be taken of the personal estate come to the hands of John Wicker, and of the rents and profits of the real estates, and of the monies arising by the sale thereof, which had come to the hands of John Wicker; and that the premises at Old Shoreham might be sold, and all proper parties join in such sale; and that an account might also be taken of the debts, legacies, and funeral expences of the testator; and that out of the personal estate, and rents and profits of the real estates, and the money arisen and to arise by sale thereof, a competent sum might be set apart and placed out at interest, for answering the said annuities of £100 and £10; and that one full moiety of the clear surplus of the produce of the said real and personal estates might be placed out at interest, and improved for the benefit of the plaintiff, until he should attain his age of 21 years; and that in the mean time, a proper allowance might he made for his maintenance and education out of the yearly interest and profits of the sail moiety; and that the principal of the said moiety, and all improvements and increase thereof, might be paid to the plaintiff, when he should attain his age of 21 years; and that the money which should be set apart for answering the said annuities might be so settled, that one moiety of the principal of the same