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ditaments, wherein or whereto she was so entitled as aforesaid in law or equity, to Lord Stourton of Witham, in the county of Essex, and Henry Ashhurst of Waterstock, in the county of Oxon, esq. and their heirs and assigns, to the use of her husband the respondent Peter Holford, for his natural life, without impeachment of waste; remainder to the trustees, to preserve the contingent uses; and after the decease of her said husband, to the use of the said Sir Edward Smith and Thomas Branston, their executors, etc. for a term of 500 years, for raising such sum not exceeding £3000 for the portions of the said respondent's younger children by her the said Constantia, and to be paid at such time, and in, such shares and proportions, as he should in manner therein mentioned direct or appoint; and for want of such appointment, to raise and pay to each of such younger children the sum of £3000 for his and her portions, to be paid to them respectively at their ages of twenty-one, or days of marriage, with the consent of their guardian or guardians; with a direction, that in case any of them should die before twenty-one, and unmarried, the portion of such child should survive to the other younger children; and after the determination of the said term, and subject thereto, to the first and all other the son and sons of the respondent Peter Holford by the said Constantia, severally and successively in tail male; and for default of such issue, to the use of all and every the daughter and daughters of the body of the said respondent, on the body of the said Constantia to be begotten, and to the heirs of her and their body and bodies lawfully issuing; such daughters, if more than one, to take as tenants in common and not as joint tenants; and for default of such issue, to the right heirs of her the said Constantia for ever.

Mrs. Holford died on the 17th of July 1758, without revoking or altering her said will, or deed of appointment, leaving the appellant and his sister Constantia Wright, her only children by her first husband, and by the respondent Peter Holford, her second husband, only two daughters, namely, the respondent Catherina Maria, and Constantia Maria, who afterwards died an infant, of very tender years, leaving her said sister Catherina Maria Holford her heir at law.

Catherine the other of Mr. Carrington's sisters, being entitled to the other moiety of the real estates unsold, by indentures of lease and release, dated the 1st and 2d of June 1759, the release being quinquepartite, and made between her the said Catherine, therein called Catherine Carrington, otherwise Smith, spinster, of the first part, the appellant of the second part, the respondent Catherina Maria Holford of the third part, Nathaniel Templeman of the fourth part, and Thomas Berney Bramston and John Ingram of the fifth part; it was witnessed, that in consideration of the natural love and affection which the said Catherine had for the appellant, and the respondent Catherina Maria Holford, her nephew and niece, she conveyed to the said Nathaniel Templeman, his heirs [494] and assigns, her undivided moiety of the said premises in the counties of Warwick and Salop, to the use of the said Thomas Berney Bramston and John Ingram for 500 years; and subject thereto, to the use of such persons, and upon such trusts, and for such intents and purposes, and under and subject to such powers, provisoes, conditions, and limitations, and with such remainders over, and subject to such sum and sums of money, annuities, or rent-charges, as the appellant should, after attaining his age of twenty-one, by any deed or instrument in writing, or by his last will and testament in writing, direct, limit, and appoint; and in default thereof, and in the mean time and subject thereto, to the use of the appellant and the heirs of his body; and for default of such issue, to the use of the said Catherina, her heirs and assigns for ever. The said term of 500 years was thereby declared to be upon trust, for raising £500 with interest, for the use of the said Catherine Carrington, otherwise Smith; and upon further trust, that in case it should be judicially determined, that by virtue of a certain testamentary writing, or deed of appointment of the 13th of May 1738 the respondent Catherina. Maria Holford should not be entitled to her mother's undivided moiety of the same premises, and that the same testamentary writing or appointment was void, with regard to the said moiety; then, and not otherwise, the said Thomas Berney Bramston and John Ingram, and the survivor of them, his executors, etc. should by the ways and means therein mentioned, or by any other ways and means whatsoever, (subject and without prejudice to the raising and paying the said £500 and interest,) levy and raise the sum of £6300 for the portion of the said Catherina Maria, £300 part thereof, to be paid on the day of