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the heirs of the body of such daughter. And if he died without leaving any such child or children, and his wife survived him, then he willed that £50 per ann. during her life, should be added to what he had settled on his said wife [99] by marriage articles. And if he should die without any child by his said wife, then to the use of his grandson James Griffith, son of his daughter Ann Griffith, by a former wife, and the heirs of his body, be taking upon him the surname of Carroll; remainder to the use of every other son which his said daughter Ann should have, and the heirs of their bodies; remainder to the daughters of the said Ann Griffith, and the heirs of their bodies. And for default of such issue, he willed, that if his said daughter should survive her children, she should receive the rents and profits of his said real estate during her life, except such part thereof as should be disposed of by his trustees, for raising money for the payment of his debts and legacies: it being his intent, that all his debts and legacies (except such legacies as were to be paid annually) should be paid and discharged before his daughter should receive any of the rents of his said estate. And after the decease of his said daughter without issue, be devised his said estate to John Travers, and the heirs of his body; remainder to William Travers, and the heirs of his body; remainder to Samuel Travers, and the heirs of his body; remainder to the testator's own right heirs. And as to his personal estate, he bequeathed the same in manner following, viz. Because he thought it fit that his said wife should have convenience of dwelling, and be made easy with respect to ground-rent, taxes, and repairs, or sufficient to defray the same, so that her dwelling might at least be clear to her, he devised to her, during her life, his dwelling-house in Golden-lane in Dublin, with the appurtenances; the ground-rent whereof he willed should be paid to her during her life, out of the rents and profits of his real estate. He also devised to his wife his house with the lease of Puckstown, during her life, and all his household goods, plate, rings, jewels, and watches, together with his coach, horses, and mares. He devised to his daughter Ann another house in Golden-lane, she paying £10 per ann. ground-rent. And as to the rest of his personal estate, he willed, that so far as it would go, his funeral charges, debts, and other legacies, should be paid thereout. And after giving several legacies to different persons, he proceeded thus:

And though it be my earnest desire, that such real estate as I leave may be preserved entire, and that the interest and principal of my debts may be paid by the rents and profits of my said estate, yet in case my creditors be urgent for their money, and there be not enough by the remainder of my personal estate to pay off my debts and legacies, in such case it is my express will, that my said trustees and their heirs, for and towards the performance of my will, with all convenient speed, sell, in fee, or by way of mortgage, my said estate, or so much thereof as shall be sufficient for raising of as much money as my personal estate shall fall short of and be insufficient to pay my several debts and legacies.

And of his will the testator appointed the said Duncan Cuming, Joseph Henry, and Caleb Thomas, together with his said wife Catherine and John Flower executors; who all proved the same.

On the 16th of September 1712, the testator died, leaving the said Ann Griffith, his daughter, his heir at law, but without leav-[100]-ing any issue by the said Catherine his wife; who having survived him, intermarried in July 1715 with Abdiel Edwards.

The rent charge or annuity of £50 a-year, and the ground-rent and taxes of the house in Golden-lane, so devised to the said Catherine, not being paid, and several other debts and legacies of the testator remaining unpaid, the said Abdiel Edwards, and Catherine his wife, and several other of the testator's legatees and creditors, on the 20th of June 1717, filed their bill in the Court of Exchequer in Ireland, against the said Duncan Cuming, the then only surviving trustee in the said will, and against Henry Griffith and the said Ann Griffith, otherwise Carroll, his wife, and the said James Griffith, otherwise Carroll (the now respondent), and against Deborah Griffith and Ann Griffith, junior, all then minors; and also against Sarah Thomas, as administratrix of the said Caleb Thomas, deceased, and Hugh Henry, esq. as brother and heir, and executor or administrator of the said Joseph Henry, deceased, and William Flower, as executor of the said John Flower, deceased; in order to have the debts and legacies ascertained, and part of the real estate sold for the payment thereof.

The several defendants having put in their answers, the cause was heard on the 30th of June 1720, upon bill and answer; when the court decreed an account to be taken of the testator's personal estate, and how the same had been disposed of, and