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and limited the same by lease and release, of the 7th and 8th of February 1674, to the use of himself for life; remainder as to part, to his wife for life; and as for the residue and the part limited to his wife for life, after her decease, to Oliver Neve, (by the name of Le Neve,) second son of Francis Neve, for ninety-nine years, if he so long lived; remainder to trustees to support contingent remainders; remainder to his first and other sons in tail male; remainder in like manner to Peter Neve, (by the name of Le Neve,) eldest son of the said Francis, for ninety-nine years, if he so long lived with remainder to trustees to support contingent remainders; remainder to his first and other sons in tail male; remainder to Francis Neve, son of Henry Neve, and his first and other sons in tail male; remainder to his own right heirs. With a power reserved to the testator, by his will, to devise the premises limited to his wife after her decease, and also the residue for any term of years for payment of his debts, and such other purposes as he should declare; and a power of revocation. Two parts of this settlement were executed.

The said Oliver Neve by his will, dated the 9th of February 1674, devised to John Norris of Witton in the county of Norfolk, esq. the infant respondent's great-grandfather, and with whom the testator had been long and intimately acquainted, all his lands not settled upon his wife, and those that were settled, after her decease, for ten years, to be computed from his death, in trust to pay his debts, funeral charges, and legacies; and after discharge of the said trusts, the overplus (if any) to be paid to the said Oliver Le Neve, if then living; or if he should be dead, then to the said Peter Le Neve; or if he should be dead, then to the said Francis Neve, his executors or administrators: he gave to his cousin Amy, wife of the said John Norris, £100, to Thomas Norris his godson, £100, and to the said John Norris, all his goods, chattels, and personal estate not before bequeathed; and made him executor, and gave him £300 for his trouble. The testator left his said will and one part of the settlement, in the hands of Mr. Norris, [74] who was his counsel, and drew the same according to his directions.

By a codicil, dated the 17th January 1678, reciting his will and revoking some legacies; the testator willed, that all his lands purchased since his will, should go to and for the same uses and estates as were limited by his will of his lands in Norfolk, not in jointure to his wife.

In a few days afterwards the testator died; and the said John Norris proved his will, and entered upon the estates devised to him for the trust term of ten years as aforesaid.

In August 1679, Norris agreed with John Neve of London, blacksmith, the heir of the testator, for the purchase of the reversion in fee, after all the intermediate estates, for £30, and by indentures of lease and release, dated the 1st and 2d of August 1679, the said John Neve conveyed the same to him accordingly.

But previous to this transaction, and in order to keep the family ignorant of this John Nove and his relationship to the testator, Norris wrote a letter to Francis; the father of Oliver Neve the infant devisee,

declaring a great concern for the safety of the will, and that he would not trust the same out of his hands till he came to London, which he intended soon to do for the proving it in Chancery, and that he should be assistful to do therein for its best security, to all intents; and assured the said Francis, he should to his best judgment endeavour to have the intent of his testator performed for all its purposes so far as laid in him; the trust thereof being committed to him so wholly, which he said obliged all his care and skill therein, which he declared he was not a little solicitous to effect to his utmost, and in which he was ready to comply with the best advice he could take, to secure the ends the testator designed by his will.

In October 1679, a bill in Chancery was exhibited by Oliver Le Neve, the infant, and the said John Norris, against Elizabeth Neve, the testator's widow, and the said John Neve as heir at law of the testator, stating the settlement, will, and codicil; and praying, that the defendants might set forth what right they claimed to the estate, and that the witnesses might be examined to preserve their testimony. The defendant, the widow, by her answer, insisted on her estate for life, in that part which was limited to her by the settlement; one part of which, she said, was delivered to her by Norris, since her husband's death.

The other defendant John Neve, by his answer, said, he was the right heir of