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together with her portion, was settled for the benefit of the said Thomas Powell and his wife, and their issue.

On the 26th of October 1729, the appellant attained the age of twenty-two, and being desirous to have his share of his grandfather's personal estate, allotted to him by the report of the 20th of December 1722, paid and transferred to him; Sir Thomas his father applied to Leonora the widow, and to the respondents Mrs. Powell and Mrs. Diggle, and desired them to consent to a motion to be made by the appellant to have his share assigned to him; and at the same time Sir Thomas assured them, that the appellant wholly acquiesced in the decree made by Lord Macclesfield, and '[260] that nothing was or should be attempted by the appellant, any ways to vary or alter the same; and thereupon they readily consented thereto, and Sir Thomas then sent the following letter to the respondent Sir John, viz.:

Dear Brother,

Having prepared a petition to the court of Chancery, that Messieurs Peere Williams, Mr. Borret and Chapman, should transfer and make over to my son, Thomas Frederick, what was decreed him by the court of Chancery as the testamentary part of my deceased father's estate; he wholly acquiescing to what my Lord Chancellor Macclesfield has done: I acquainted my mother herewith, and my sisters; upon our applying to the present Lord Chancellor's secretary, Mr. Woodford, to have it presented, he acquainted us, that my Lord had made a resolution to hear no more petitions till the 12th of March next, and that he was further resolved not to hear any in private, has occasioned me to proceed by way of motion, and which must be done on Thursday next, the last day of the term, that my son should not lose so much time; this I had not notice could be done till two o'clock this day: and since I have been with my mother, to acquaint her with the nature of the thing; the motion is, that the family shew cause, as soon as conveniently they can, why he should not be put in possession of the following sums, decreed by my Lord Macclesfield as his part of his grandfather's estate, East India Stock, in the name of Thomas Frederick, Esq. deceased, £6200 Million Bank, Do. £666 13s. 4d. South Sea stock, Do. £13,003 4s. 9d. orphan fund, Do. £1111 3s. 11d. long annuities £1675 per ann. This you will perceive is only matter of form, and none of you shall be put to any charge, and I believe will be readily consenting to, it no way breaking into any thing that has been done by the decree on your behalf. Mr. Jodrell, I have desired my mother to appear on your side, and I shall take care he be fee'd for the same; and I have desired brother Diggle to appear on my part as guardian, and Mr. Lepostre's as receiver, and Mr. Mead on my son's; so that you will see we take all the charge upon us; and there is nothing done, or shall be done in prejudice to the decree; and is only to get my son into possession of what was decreed him: wherefore, I would not have you hurry yourself to town, unless it be your own inclination; being,

Dear Sir, your affectionate brother and humble servant,

Gerard-Street, Jan. 10, 1729–30.

Thomas Frederick.

This letter, though dated the 10th of January 1729, was really written on the 10th of February, and received by the respondent Sir John on the 11th of February; who immediately [261] came to town, and upon discourse with his mother and sisters, and communicating the said letter to them, they all agreed to consent to the motion.

Accordingly, on the 13th of February 1729, the motion was made; and, upon hearing the decree, the Master's report of the 20th of December 1722, and the testator's will read, and counsel for the widow, the respondent Sir John, her eldest son, and her three daughters, consenting thereto; and counsel for Sir Thomas and his two younger sons, and for the executors Williams, Borret and Chapman not opposing the same; it was ordered, that the executors should forthwith transfer to the appellant, his executors, administrators and assigns, the said £6200 East India stock, £666 13s. 4d. Million Bank stock, £1111 3s. 11d. orphan's fund, and £1675 per ann. long annuities at the Exchequer, contained in the Master's report; and also £6907 19s. 5d. South Sea stock, and £6907 19s. 4d. South Sea annuities, being the produce of the £13,003 4s. 9d. South Sea stock, in the report mentioned to belong to the appellant: and therein the executors were thereby indemnified.

But notwithstanding this order, the appellant thought proper to appeal from the