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having no other son, and but two daughters, who were both amply provided for by their mother's portion; which, together with the interest thereof, and the £600 paid them by their father, amounted to £9000 or thereabouts; and the respondent taking into consideration the great kindness received from the appellant Frances and her husband, and the services which they and the appellant Dr. Stanhope had done for him; by indenture, dated the 25th of April 1713, the surviving trustee in the last assignment, by the direction of the respondent, and in consideration of love and affection to the appellant, his sister, did assign the premises comprised in the 500 years terra, for the residue of that term, to other trustees upon trust, as to all the premises, except the advowson of the church of Tormarton, to permit the appellant Frances, during her life, to receive the rents thereof towards satisfaction of the said £2000 and interest, until the same should be paid; and if not paid in her life-time, then to permit such person as she by will, or other writing, should appoint, to receive the rents of the premises until the said £2000 and interest should be fully paid. And as to the said advowson, that the trustees, as soon as the church became void, should present the appellant Dr. Stanhope to the same, or such other qualified person, as he, by writing under his hand, should appoint; and for want of such appointment, then such person as the respondent, or who else should be entitled to the inheritance thereof, should appoint; the trustees being only to present for one turn: and then the term, as to the advowson, was to cease.

The respondent, after the death of his son, married Sarah Charlton, his second wife, upon whom he had previously made no settlement; but being desirous to make some provision for her, and unwilling that for want of issue male of his body, his whole estate should descend to his two daughters, who had very much disobliged him, and for whom he had made such provision as aforesaid; the respondent therefore, while at Liverpool, with Dane Sarah his wife, sent a letter to the appellant Dr. Stanhope, then in London, desiring him to get a settlement drawn pursuant to the instructions therewith sent; which the appellant accordingly did, by the advice and assistance of counsel, and carried down the same to Tormarton, where the respondent and Dame Sarah his wife then were; and they having read over the said settlement, and finding the same to be drawn according to the [160] said instructions, the respondent executed it. But soon after, the respondent and Dame Sarah his wife, being minded to make some alterations therein, sent for one Hicks, their attorney; who having made such alterations in the said settlement as they desired, and ingrossed the same over again, it was executed by the respondent, who, at the same time, cancelled or destroyed the former settlement.

This last settlement was by lease and release, dated the 26th and 27th of August 1713, and thereby the respondent conveyed the manor of Broxtow and Basford, in the county of Nottingham, and other lands therein mentioned (being part of his estate) to trustees, and their heirs; as to part thereof, to the use of himself for life; remainder to his first and other sons by Dame Sarah, or any other wife, in tail male; remainder to the appellant Frances, for her life; with remainder to the appellant Dr. Stanhope, for his life, and to his first and other sons, in tail male; remainder to Henry, Philip, and Charles Stanhope, sons of the appellant Frances, and to their respective sons successively in like manner; remainder to the daughters of the respondent, in tail; and after other remainders over, remainder to the right heirs of the respondent. And as to the residue of the said premises, to the use of the respondent for life, and to his first and other sons in tail male; remainder to Edward Toppe of Stockton, esq. for life, and to his first and other sons, in tail male; remainder to the appellant Dr. Stanhope, for his life, and to his first and other sons in tail male; with like remainders over, as were limited, touching the other lands and in the said settlement was contained a power for the respondent, to limit any part of the premises, not exceeding £200 a-year, or any sum, not exceeding £200 a-year, for the jointure of Dame Sarah, or any other wife; and a declaration, that every person taking by the settlement, after the death of the respondent, without issue male, should take the sirname of Toppe.

And in pursuance of this power, the respondent, by deed dated the 28th of the same month of August, charged the lands therein mentioned with a rent-charge of £200 per ann. clear of taxes, to the said Dame Sarah, for her life.

The respondent and Dame Sarah soon afterwards alledging, that they had