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her marriage, and the remaining £6000 to be paid in manner therein particularly mentioned; and upon further trust, that in case of such judicial determination as aforesaid, and not otherwise, then until the said Catherina Maria should be entitled to receive the said £6300 to raise and pay yearly out of the rents and profits of the premises comprised in the said term, for the education, maintenance and support of the said Catherina Maria, the several annual sums therein particularly mentioned, to be paid at the times and in the manner therein appointed.

And there was a proviso, that if it should be judicially determined, that the said Catherina Maria was, by virtue of the said testamentary writing, or appointment of her said mother, entitled to her said mother's undivided moiety of the said premises; or if the said Catherina Maria should die before her attaining the age of twenty-one, or be married, and the said £500 and interest should be raised and paid; and the trusts of the said term performed, or become incapable of being performed, and the trustees costs and charges paid; then and in every of the said cases, the said term of and in the said premises, or so much thereof as should then remain undisposed of for the aforesaid purposes, was to cease and be absolutely void.

[495] In September 1760, the appellant filed his bill in the Court of Chancery, against the respondents, praying, that the trusts of Mr. Carrington's will might be performed, and that Lord Cadogan and Sir Henry Englefield might account for the rents and profits of so much of his real estate as had been sold, and that they might convey the real estates remaining unsold, as to one undivided moiety thereof, to the appellant and his heirs; and as to the other undivided moiety thereof, to the uses, upon the trusts, and for the purposes limited, directed, and appointed by the said indentures of the 1st and 2d of June 1759; the appellant offering, in case the whole of such undivided moiety should be conveyed to the uses of this last-mentioned settlement, to pay to the respondent Catherina Maria, when she should be entitled to receive the same, the sum of £6300.

Lord Cadogan and Sir Henry Englefield put in their answers to this bill, and thereby admitted the several deeds and will of Mr. Carrington: and Sir Henry Englefield, by his answer, submitted to account for the rents and profits of the real estates received by him, and for the money arising by the sale of so much thereof as had been sold.

The respondents, Peter Holford, and Catherina Maria by her guardian, put in their joint and several answer; and the said Peter Holford insisted, that on the death of Constantia his late wife, he by virtue of the aforesaid articles of the 15th of September 1755, and of the said will or deed of appointment of his said wife, became well entitled to an undivided moiety of all the estates of the said Francis Smith, otherwise Carrington, in the counties of Warwick and Salop, which remained unsold, (subject to the performance of such of the trusts of Mr. Carrington's will, as remained unperformed at the death of the respondent's said wife,) for his life, without impeachment of waste; and that his two daughters became entitled to such undivided moiety, subject in like manner, and also subject to the said estate and interest of the said respondent, as tenants in tail in common; with remainder to the right heirs of the respondent's said late wife. And the respondent Catherina Maria, by her answer, insisted on her right and interest under her said mother's marriage articles, and will or deed of appointment; and in case the court should be of opinion, that she was not entitled to so much of the said estates as she claimed, then she insisted, that she should, by virtue of the conveyance of her aunt the said Catherine Smith, be entitled to the portion of £6300 and the maintenance thereby provided for her, in such manner, and at such times, as the same were thereby directed to be paid.

The other defendants put in their several answers, and admitted the facts before stated as to them.

In July 1761, the trustees Lord Cadogan and Sir Henry Englefield filed their cross bill against the appellant, and the several other parties to the original bill, praying, that a general account might be taken, and all just allowances made, and that [496] they might convey the real estates to such persons as should appear to be entitled thereto respectively, under the decree of the court.

Both causes being at issue, came on to be heard together before the Lord Chancellor Northington, on the 14th of November 1764, when his Lordship was