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name or names of Bechington, Friston, Peak Dean, Eastlees, Hobney, late Baldeys, East Skeens, the Monts, and Studley's-lands, or by whatsoever other name or names the same, or any part thereof, are or is called or known, and also all my estate, interest, right, title, property, claim, and demand whatsoever, of, in, and to the same, or any part thereof; and also all that my moiety of the windmill, called [507] Friston-mill, and all those my two acres of copyhold land, lying in Friston, holden of the manor of Wilmington, and all other my freehold and copyhold messuages, lands, and tenements whatsoever, not herein before given away, nor disposed of, with their and every of their appurtenances, unto my loving friends, Nicholas Gilbert of Eastborn, in the county of Sussex, gentleman, and Thomas Willard of the same place, gentleman, and to the survivor of them and his heirs, in trust that they, and the survivor of them and his heirs, shall and do within two years next after my death, sell and dispose of all the said premises before to them devised, for the best price they can get for the same, and with the money raised by sale thereof, first pay all my debts, legacies, funeral and other expences, which they shall be at, in and about my funeral, and selling of the said estate, and the overplus of the said monies remaining in their hands, after such my debts, legacies, funeral and other expences whatsoever be paid and discharged, I give and bequeath unto my aforesaid nephew James Noke, to the intent and purpose, he shall purchase my moiety of Friston, Peak Dean, and the Monts, and come and inhabit at Friston; and when he marries, if he have issue, shall have his son baptized by the name of Selwyn, as I also desire his other children may be, in memory of that ancient family. And my will is, that if my aforesaid nephew James Noke shall refuse or neglect to purchase the aforesaid moiety of Friston, Peak Dean, and the Monts, within one year next after my death, that then he shall not have the overplus money remaining in my said trustees hands, after sale of the estate and payment of my debts, legacies, and other expences as aforesaid; but such overplus monies shall be equally divided be tween him the said James Noke, his brother Charles Noke, my niece Penelope Samber, and Selwyn Samber her daughter, share and share alike. All the rest and residue of my goods, chattels, money, plate, and personal estate whatsoever, not herein before given away, nor disposed of, (my debts, legacies, funeral and other expences being first paid and discharged,) I give and bequeath unto my aforesaid nephew James Noke,

whom the testatrix made sole executor of her will, and desired him to be very kind to, and take care of the said Selwyn Samber, and be assisting to her in managing the estate which she should leave her, and that she should have the rents and profits thereof duly paid and applied towards her maintenance and education. And the testatrix, before the publication of her will, desired the said Selwyn Samber should have a gold seal.

On the 12th of February 1707, the testatrix died; and thereupon the appellant proved the will, and possessed himself of the personal estate of the testatrix, more than sufficient to pay her debts, legacies, and funerals; and he and the trustees, Gilbert and Willard, entered upon the trust estate, and received the rents and profits thereof.

In Hilary term 1721, Penelope Samber, mother of the respondent Selwyn, to whom several pecuniary and specific legacies were [508] devised by the said will, over and above her contingent share of the overplus of the trust estate, and also the respondent Selwyn, then an infant, exhibited their bill in the Court of Exchequer, against the appellant and Thomas Willard, Thomas Medley, Robert Baylis, and Jasper Webb, for an account of the testatrix's personal estate, and that the same might be made liable to her debts, legacies, and funeral expences; that the trust estate might be sold, and that the respondent Selwyn's share of the surplus of the purchase-money might be paid, together with her other legacies.

The appellant put in his answer to this bill, and thereby set forth an indenture, dated the 26th of November 1709, whereby the plaintiff Penelope and Charles Samber her husband agreed to release all their title to the share of the surplus, after sale of the trust estate, and also to the respondent Selwyn's share, in case she should die before age or marriage; and an indenture tripartite, dated the 2d of December 1709, made between Gilbert and Willard, the trustees, of the first part, the appellant and Abigail Stevens, and William Snatt and his wife, the said Charles Samber and Penelope his wife, of the second part, and the defendant Medley, of the third part;