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settled by counsel, yet supposing them to have been inserted prior to the execution, they could not give the appellant any greater title, than what was allowed of by the deed of trust. As to the matter of costs, the decree was conceived to be very just, for occasioning an expence to the respondents upon a demand so strange and surprising, and after a desertion of so many years and as to the demand of the two rooms, which by the bill were called a ruinated tenement, there surely could be no colour for it; and it was the appellant's own obstinacy, that he did not accept the offer which was made and recommended to him, that the bill should be dismissed without costs: and therefore it was hoped that the decree would be affirmed, and the appeal dismissed with costs.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the decree therein complained of, affirmed. (Jour. vol. 31. p. 439.)

Elizabeth Evans, being aged and unmarried, and having several nephews and nieces, children and grand-children of Margaret her only sister, did, in her life-time, put out Edward Vaughan, who was grandson of her said sister Margaret, apprentice to a tanner; and being seised of a real estate of £500 per ann. and possessed of a personal estate of the value of £3000, she, by her will, dated the 27th of May 1699, did, inter alia, bequeath in these words:—"Item, I give and bequeath unto Edward Vaughan, third son of my said niece Margaret Vaughan, the sum of £100 of good and lawful money of England, to be paid him within six months after he shall have fully served out his apprenticeship to which he is now bound." And she charged all her real and personal estate with the payment of this and other legacies, and appointed Lewis Thomas, her nephew, executor and residuary legates.

After the testatrix's death, Lewis Thomas proved the will, and entered upon the real, and possessed the personal estate; but on the 1st of June 1710, he died, having made his will, and thereof appointed the appellants Elizabeth and Emmet his executrixes, who proved the same, and possessed his estate.

Some time after the death of the testatrix Elizabeth Evans, and about two years before the expiration of the term of his apprenticeship, Edward Vaughan, upon some quarrel with his master, quitted his service, and went to sea; and some years after the expiration of the term of his apprenticeship, he died intestate.

Administration of the effects of the said Edward Vaughan being granted to the respondent Mary, in trust for the respondent the infant, she, on the appellant's refusal to pay this legacy and interest, in April 1720, filed a bill in the name of herself and the other respondent, in the Chancery of the Great Sessions for the counties of Glamorgan, Brecon, and Radnor, against the appellants, for a satisfaction of the said legacy of £100 and interest. To which bill they answered, and admitted the will, legacy, and applications for payment, and that they had assets sufficient to answer the respondents demands; but insisted, that the £100 never was, nor ever could become payable, because Edward [255] Vaughan voluntarily deserted his said apprenticeship without any just or reasonable cause.