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might be paid to the plaintiff, upon the decease of the said Elizabeth Wicker and John Jones respectively.

The defendants having appeared, and put in their answers to this bill, the cause, on the 21st of February 1754, came on to be heard before his Honour the then Master of the Rolls, in the absence of the Lord High Chancellor; when his Honour was pleased to make a decree, whereby it was referred to Mr. Holford, one of the Masters of the Court, to take an account of the personal estate of the testator, not specifically bequeathed, which had been received by John Wicker, his executor, or any other person by his order, or for his use; and to take an account of the testator's funeral expences, legacies, and annuities: and it was ordered that such personal estate should be applied in payment of the testator's debts, funeral expences, legacies, and annuities, in a course of administration; and that an inventory should be made of the testator's household goods, plate, and linen, the use whereof was given to Elizabeth Wicker during her life; and it was declared, that after her death John Wicker would be entitled to such household goods, plate, and linen, as residuary legates. And it was further ordered, that the Master should also take an account of the money raised by sale of the testator's real estate, which had been received by John Wicker, or any other person, by his order, or for his use; and in case any part of the testator's freehold or copyhold estates remained unsold, the same was to be sold with the approbation of the Master, for which purpose the usual directions were given: and it was further ordered, that the clear surplus of the capital of the testator's personal estate, and the money which had arisen, or should arise, by sale of his real estate, should be placed out at interest upon government or real secu-[446]-rity, with the approbation of the Master, in the name of trustees to be approved by the Master, subject to the annuities, and upon the trusts, and subject to the contingencies in the testator's will mentioned. And it was further ordered, that out of the interest and dividends of such securities, the annuity of £100 given to Elizabeth Wicker, ant the annuity of £10 given to John Jones, should be paid to them respectively during their respective lives. And it was declared, that in the mean time, until any of such contingencies should happen, the said John Wicker was entitled to the surplus of such interest and dividends, and also to the surplus interest of the testator's personal estate, and to the rents and profits of his real estate accrued due since his death, as residuary legatee; and when any such contingencies should happen, any person or persons who should be entitled to the said securities, or any part thereof, were to be at liberty to apply to the Court touching the same as occasion should require; and all parties were to be paid their costs, to be taxed out of the estate, and were to be at liberty to apply. This decree was afterwards affirmed on a rehearing before the Lord Chancellor.

On the 17th of February 1756, the Master made his report, whereby he certified that he had taken an account of the personal estate of the testator, not specifically bequeathed, received by the said John Wicker, or any other person, by his order, or for his use; and also an account of the money raised by the sale of the testator's real estate, received by John Wicker, or any other person by his order, or for his use; and he found, that John Wicker bad received, by and out of the testator's personal estate, not specifically bequeathed, and by money raised by sale of his real estates, several sums particularly mentioned in the first schedule to his report, amounting in all to £6695 6s. 0¾d. and that he had paid, laid out, disbursed, and retained for and on account of the debts, funeral expences, legacies and annuities of the testator, and otherwise in respect of the testator's estate, several sums particularly mentioned in the second schedule to his report, amounting in all to £860 4s. 5d. which he allowed him; and that the same being deducted from the said sum of £6695 6s. 0¾d. reduced the same to £5835 1s. 7¾d. and he further certified, that it having been declared by the decree, that John Wicker was entitled to the surplus interest and dividends of the testator's personal estate, and to the rents and profits of the real state, accrued since the testator's death as residuary legatee, until the contingency therein mentioned should happen, and which had then happened after payment of £100 a year, given to Elizabeth Wicker, and £10 a year given to John Jones, during their respective lives; and John Wicker having accounted before him for all the interest of the personal estate, from the death of the testator to the 13th of November 1754, when, as was admitted before him, the contingency happened, by the testator's sister Sarah Mitford having the respondent, her second son, born, amounting to £682 7s. 3d. which was included in the said sum of £6695