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understood the import of it, and frequently declared himself satisfied; and that considering the appellant was intitled to nothing in his father's lifetime, and only to £60 per ann. after his death; and that Giles, the elder son, was then a young man, in full health and vigour, and married to a healthy woman, younger [145] than himself, so that there was the greatest probability of their having issue; the appellant's future interest in the premises was of very little value, and consequently the consideration of the agreement was both fair and adequate. That the question, as to taxes, depended purely on the construction of the deed of July 1694, and there being a deficiency of personal assets, it was apprehended, that as the annuity issued out of the New River shares, which were a real estate, the same ought to be subject to taxes; but however, the doubtfulness of the point was sufficient to excuse the respondent Joanna from paying costs.

And accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the order and decree therein complained of. affirmed. (Jour. vol. 19. p. 203.)

Heneage, Earl of Winchelsea, the respondent the earl's grandfather, being seised in fee of several manors, parks, lands, tenements, and hereditaments, in the counties of Kent, Essex, York, and Middlesex, by indentures of lease and release, dated the 27th and 28th of June 1650, conveyed the same to several trustees and their heirs, to the use of himself for life; remainder to his first and other sons, in tail male; remainder to John Finch his brother, for life; remainder to his first and other sons, in tail male; remainder to Heneage Finch, son and heir of Sir Heneage Finch, deceased, and the heirs male of his body; remainder to Francis Finch, second son of the said Sir Heneage, and the heirs male of his body; remainder to John Finch, third son of the said Sir Heneage, and the heirs male of his body; with other remainders over. And by this settlement a power was reserved to Earl Heneage, after the death of Lady Mary his then wife, to make a jointure on any woman he should marry, for her life; but if he should have issue male living by Lady Mary, then the jointure of such after taken wife should not exceed £1000 per ann.

Earl Heneage had issue by Lady Mary, five sons; namely, William, Lord Maidstone, Heneage Finch, the present respondent, Thomas Finch, Leopold William Finch, and Lesley Finch; and, after her death, he married Elizabeth the only daughter of John Eyre, esq. by whom he had issue one son, named John and after this mar-[146]-riage, the earl, by deed inrolled, dated the 8th of April, 1 James 2, settled certain parts of his Sussex estate on Lady Elizabeth for life, for her jointure.

William, Lord Maidstone, died in the lifetime of his father, leaving issue Charles, and the appellant Mrs. Herbert; and upon the death of Earl Heneage, the honour and estate descended to this Charles.

By indentures of lease and release, dated the 30th and 31st of March 1694, Earl Charles, in consideration of his marriage with Sarah, the daughter of Henry Nurse, esq. conveyed all his estate (except what was in jointure to Countess Elizabeth) to trustees, to the use of himself, for life; remainder to the trustees to preserve contingent remainders; remainder as to part, to Countess Sarah for life, for her