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WRIGHT v. CADOGAN (LORD) [1766]
I BROWN.

such a limited interest in default of appointment, or exercise of the power. For it would be to suppose, that the power was given for no other purpose than to enable the Countess of Bute to give away this valuable part of the testator's property, which in default of her doing so was to be settled in strict settlement; and in which [486] she was in that case to take so limited and inconsiderable an interest. If the testator had intended that his daughter should have the absolute dominion and property, and the whole beneficial interest in the premises in question, and that he vested the same in trustees on account of her being under coverture, it was natural to suppose he would have so declared the same, as is usual in such cases; and especially, as in all other instances, he had declared the several interests which she took under his will to be for her separate use: but, in the present instance, he was totally silent as to any interest she was to take, except as to the profits of the said collieries and premises, in default of, and therefore until appointment. Upon the whole therefore, and in every view it appeared, that the Countess was intended to have only a limited interest for life at most, in any part of the testator's estate; but that his great object was to secure the whole of it after her death, to the respondent, her second son; who for these reasons hoped that the decree would be affirmed.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the decree therein complained of, affirmed. (Jour. vol. 30. p. 146.)


Case 2.—John Wright,—Appellant; Charles Lord Cadogan, and others,—Respondents [8th December 1766].

[Mew's Dig. x. 1379, 1407, 1410; xv. 1538. See also 2 Eden, 239, 256: Amb. 468.]

[A woman entitled to the trust of a reversion in fee of lands, reserves to herself, by articles previous to her marriage, a power of disposing of all her estate to such uses as she shall think proper. She afterwards makes an appointment in favour of her husband and children. This appointment was held good, although no conveyance of the reversion was ever executed. An appointment is made to all and every the daughter and daughters of R. and the heirs of their body and bodies, and in default of such issue to A. There were only two daughters, and one of them died under twenty-one, sans issue. Held, that the surviving daughter was entitled, though there were no cross remainders between them. A man by his will gives to his executor an annuity of £200 and charges his real estate with the payment of it. The testator by a codicil, attested by two witnesses only, gives his executor another annuity of £100 payable as mentioned in my will. Held, that the executor was well entitled to both the annuities; but that the annuity given by the codicil was payable out of the personal estate.]

Francis Smith, otherwise Carrington, being seised in fee-simple in possession, and expectancy, of a considerable real estate in the counties of Lincoln, Leicester, Warwick, and Salop, did by lease and release, dated the 26th and 27th of February 1730, in consideration of a marriage intended between him and Mary Englefield, sister of the respondent Sir Henry Englefield, and of a marriage portion, and for other considerations, convey to trustees and their heirs, the estates in the said counties of Lincoln, Leicester, Warwick, and Salop, (except as therein is excepted,) to the use of himself for life, without impeachment of waste; and [487] after his death, to the use and intent, that the said Mary Englefield (in case the marriage took effect, and she survived the said Francis Smith, otherwise Carrington) should receive thereout for her life £500 per ann. for her jointure, clear of taxes, with the usual powers of entry and distress; and chargeable therewith, to the use of the respondents Lord Cadogan and Sir Henry Englefield, and of Anthony Blagrave and Michael Blount, for 500 years, without impeachment of waste, upon trust for better securing the said rent charge of £500 a-year, and to raise portions and

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