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brother, the honourable Langham Booth, and the heirs of his body, with other remainders over; and made the respondent's late father Henry, Earl of Warrington, (then Lord Delamer,) Sir Samuel Grimston, and Sir William Gregory, executors.

On the 10th of February 1691, the testatrix, by a codicil to her will, revoked the devise of the said manor, and in lieu thereof, directed £2000 to be laid out by Sir William Gregory and Sir Samuel Grimston, and the survivor of them and his heirs, within one year after her death, in the purchase of lands of inheritance, to be settled to the use of the said Langham Booth, and the heirs of his body; and in default of such heirs, to the use of his brother Henry Booth, and the heirs of his body; and in default of such heirs, then to the use of the respondent and his heirs for ever.

On the 25th of October 1692, the Dutchess died, leaving a personal estate much more than sufficient to pay all her debts and legacies; and Sir Samuel Grimston renouncing the executorship, and Henry, Earl of Warrington, dying on the 2d of January 1693, Sir William Gregory alone proved the will and codicil; but before he laid out the £2000 as the codicil directed, he died; whereupon, on the 19th of February 1705, administration, with the will and codicil annexed, was granted to the said Langham Booth, who, by virtue thereof, possessed himself of assets of the Dutchess, amounting to much more than the £2000 and the interest due thereon, and all other debts and legacies; and he thereout retained, on account of the said £2000 and the interest thereof, the sum of £3604 9s. 3d.

The respondent being indebted to his sister, the Lady Elizabeth Delves, in £3000 she, by consent of her husband, Thomas Delves, esq. gave to her brothers Langham Booth and Henry Booth the said £3000 to be equally divided between them; and by lease and release, dated the 23d and 24th of June 1699, the respondent, for securing the said £3000 and the interest thereof at £1 per cent. conveyed to the said Thomas Delves and others, the manor of Thornton and Thornton-hall, and other lands, redeemable on payment of £1500 and interest at £4 per cent. to the use of Langham Booth, on the 8th of September 1705, and £1500 and interest to the use of Henry Booth, on the 16th of October 1708.

[512] By other indentures of lease and release, dated the 21st and 22d of January 1705, the respondent sold and conveyed to Mr. Langhain Booth and his heirs, the manor of Thornton and other lands in Thornton, except the advowson, subject to the said £3000 debt. And Mr. Langham Booth, by deed dated the 22d of January 1705, covenanted with the respondent, that the said purchased lands should stand liable as a security for the said £1500 and interest due to his brother Henry Booth, and to indemnify the respondent, and such part of the respondent's estate as he had not purchased against this debt. And by deed dated the 14th of September 1708, Mr. Henry Booth agreed to accept of the said security given by his brother Langham, and not to demand the same of the respondent, or any estate of his not sold to Langham Booth.

In 1719, Mr. Henry Booth wanting money, deposited the deeds of Thornton and other securities with one Warren, a broker, by way of pawn for money, which the respondent redeemed.

On the 12th of May 1724, Langham Booth died without issue, having made his will, dated the 20th of December 1722, in the beginning of which was this clause, viz. "As to my worldly estate, which it hath pleased God to bestow upon me, I give and dispose thereof in manner following; that is to say, Imprimis, I will that all my debts which I shall owe at the time of my decease, be discharged and paid." And afterwards, in the same will, he gave £100 per ann. to Mrs. Mary Saxon for her life; and devised the said manor of Thornton and the other lands by him purchased as aforesaid, (subject to the said annuity of £100) to the said Henry Booth for his life; remainder to his first and other sons successively in tail male; remainder to the respondent for life; remainder to his first and other sons successively in tail male; remainder to the appellant for life; remainder to his first and other sons successively in tail male; with other remainders over, and with a remainder to his own right heirs for ever. And at the end of his will was this clause, viz.

Item, all my ready-money, securities for money, stock in public funds, arrears of rent, jewels, rings, watches, goods, chattels, rights, credits, and personal estate whatsoever, I give, devise, and bequeath unto my said brother