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that Constantia was then entitled to a copyhold estate of inheritance, and a rent-charge therein mentioned, and that she had great expectations of a considerable accession of fortune from several relations, and that the respondent Peter Holford not being in the actual possession of any estate out of which any provision might be made for her, it had been agreed between them, that the said copyhold lands and the said rent-charge should continue and be to the sole and separate use of Constantia, notwithstanding her intended coverture, and free from the controul or intermeddling of her intended husband, and not to be subject to his debts; and that all such estates, either real or personal, or of any kind whatsoever, which should or might descend upon or come to her during her coverture, or to the said respondent in her right by descent, or by virtue of any remainder or reversion, or of any devise, gift, or bequest, or by virtue of the statute of distribution, or by any other means whatsoever, should likewise be and enure to the said Constantia, for her sole and separate use, free from the controul of the said respondent, and no ways subject to his debts; and to be applied and disposed of from time to time, as she should by any deed or deeds executed in her life-time, or by her last will and testament, duly made and [492] published in the presence of three or more credible witnesses, direct or appoint, notwithstanding her coverture. It was therefore witnessed, that in consideration of the said marriage, and for better establishing and confirming the said agreement, the said respondent, Peter Holford, covenanted with the said Sir Edward Smith and Thomas Bramston, that he would as soon as conveniently might be, at the request of the said Sir Edward Smith, Thomas Bramston, and the said Constantia, execute and perfect all such deeds, acts, matters, and things, conveyances, and assurances as should be devised or advised by her counsel, for better and more effectually securing the said copyhold estate and rent-charge, for her sole and separate use, notwithstanding her coverture; and from time to time as often as any estate, real or personal, should descend upon or come to the said Constantia, or to the said respondent in her right, by descent, devise, bequest, or gift, or by virtue of any reversion or remainder, then limited or afterwards to be limited, or by virtue of the statute of distribution, or by any other means whatsoever, would execute and perfect such deeds, acts, conveyances, and assurances in manner aforesaid, for vesting the same in such person or persons as she should appoint, in trust for her sole and separate use, and to be subject to such disposition, as the said Constantia should, from time to time and at all times thereafter, make thereof by any deed or deeds, writing or writings under her hand and seal, or by her last will and testament, duly made and published in the presence of three or more credible witnesses; and that until the said respondent should convey and assign the premises in manner above-mentioned, it should be lawful for the said Sir Edward Smith and Thomas Bramston, and the survivor of them, or his executors, administrators, and assigns, to receive the rents and profits of the said copyhold lands and the said yearly rent-charge, and also the rents and profits of all such lands, as might or should descend upon or come to the said Constantia as above-mentioned, during the intended coverture, and also all such personal estate as aforesaid, and pay the same to her, or as she should appoint, for her separate use, and subject to the like disposition of the said Constantia, notwithstanding her coverture.

The marriage was soon afterwards solemnized, and there was issue thereof two daughters only, namely, the respondent Catherina Maria, and Constantia Maria Holford.

On the 21st of April 1758, the said William Smith died a bachelor and without issue; whereupon Mrs. Holford, and her sister Catherine, became entitled in fee-simple in possession, to all the estates of Mr. Carrington, which then remained unsold, in equal undivided moieties, but subject to the performance of the trusts of his will.

Mrs. Holford being thus entitled, on the 13th of May 1758, duly executed, in the presence of three witnesses, her last will and testament, or deed of appointment in the nature of her last will and testament, and thereby, after reciting her marriage articles, she by virtue of the power thereby reserved to her, and all other powers enabling her in that behalf, did limit, appoint, give [493] and devise all her undivided moiety of and in the said manors, messuages, lands, tenements, and here-