with; and whether they have not set up the several pretences before in that behalf mentioned, or some, and which, of them, or some other, and what, pretences; and that the said confederates, and each of them, may fully answer all and singular the matters and things before charged; and that the said award of the said S. C. C. so far as the same declares that the real estate of the said J. M. which passed by the words of the residuary clause in the will of the said J. M. consisted only of such parts of the Great Bolton Estates were not before specifically devised, and the said house in Smithy-Door, which was conveyed by the said J. G. to the plaintiff, may be set aside, and declared not to be binding on the plaintiff; and also so far as the same declares and ascertains the proportions in which the estates, late of the said R. G. at, &c. ought to have contributed towards the payment of the said annuity of 200l. to the said A. H.-and also so far as the same declares that the plaintiff had settled with the said J. G. or any other person, up to Christmas

with respect to the proportion in which the Rusholme Estate ought to have contributed towards payment of the said annuity of 200l. to the said A. H. the said award in the several particulars above mentioned, having been occasioned by concealment of the said confederates as to the several matters before charged; and that the said confederates may set forth fully and particularly all and every part of the real estate which the said J. M. was at his death seised, possessed of, in'terested in, or entitled unto, which were not specifically devised by the said will of the said J. M. save and except the Little Bolton Estate, and the true yearly values thereof, and of every part thereof; and that it may be referred to the Deputy Remembrancer of the

Court to ascertain the interest of the plaintiff therein and thereto, and that the said confederates may convey and assure all such real estates to the uses directed in and by the said will of the said J. M. and that all proper parties may join in such conveyance and assurance, and that the said confederates may also set forth a full and true account of the real estate of the said R. G. situate at, &c. and the particulars whereof the same consisted, and the yearly values thereof, and also a true and just account of what they or either of them, or any one in trust for them or either of them, or on their or either of their accounts, have or hath received out of or in respect of the said estate at, &c. towards the payment of the said annuity of 2007. to the said A. H. and that it may be referred to the Deputy Remembrancer of the Court to fix and ascertain the proportion in which the said several estates at, &c. ought to have contributed, and ought now to contribute towards the payment of the said annuity of 2007. to the said A. H. and also to take an account of what the said confederates or either of them, or any one in trust for them, or on their or either of their account, have or hath received out of or in respect of the said Rusholme Estate, towards the payment of the said annuity of 200l. to the said A. H. over and above the proportion he shall ascertain which the said estate at, &c. ought to have contributed towards the said annuity; and that the said confederates or one of them may be decreed forthwith to repay unto the plaintiff what shall appear to be so over-paid, and that the said confederates may in the mean time be restrained by the order of the court from proceeding upon the said award against the plaintiff. And for relief, &c.

ΣΑ

PLEA

Of the Defendant J. G. sworn

day of

day of

SAITH, that by a certain deed poll dated

after

under the hand and seal of and duly executed by S. C. C. of, &c. Esq. reciting that J..M. late of, &c. in the county of, &c. Esq. by his last will and testament in writing bearing date the day of devising several real estates, and bequeathing several legacies in manner therein mentioned, gave the following legacies, (that is to say), To W. D.-W. B.-H. F. C. W.-W. S. and W. H. the sum of 50% each; to the defendant and the plaintiff, and A. G. children of the testator's kinsman R. G. 1000l. a piece, and 20 guineas a piece for mourning rings; unto S. J. and M. J. the daughters of G. J. of, &c. 600l. a piece; and unto each and every of the children of W. W. and J. his wife 100% all which said legacies or sums of money the said testator thereby ordered and directed to be paid by and out of the rents and profits of his estates therein after mentioned, and in such manner as therein after mentioned; and as for and concerning all that the said testator's manor or lordship of Little Bolton, with the appurtenances, in the county of, &c. and the perpetual advowson of Little Bolton Chapel, and all his messuages, lands, tenements, rents, tithes, and hereditaments, arising and being in Little Bolton aforesaid, and all other his the said testator's lands, tenements, hereditaments, and real estate whatsoever and wheresoever,

he gave and devised the same to the said W. D.-W. B. H. F.-C. W.-W. S. and W. H. and their heirs and assigns, for ever, UPON TRUST that they the said trustees and their heirs should in the first place out of the rents and profits thereof pay a certain annuity in the said will mentioned, and subject to such annuity said testator ordered and directed his said trustees and their heirs to pay and apply the residue of the rents and profits thereof, from time to time, as the same should be got in and received, in the payment of the several legacies therein before by him given to them the said trustees, the defendant, the plaintiff, and A. G. the said S. and M. J. and the children of the said W. and M. W. in manner therein mentioned; and after payment of the said several legacies, the said testator directed that his trustees and their heirs should receive and take the rents and profits of the said manor and premises to their own use during the life of the said testator's uncle P. M. and after the death of the said P. M. and payment of all the before-mentioned legacies, the said testator directed his said trustees and their heirs to convey all the said manors,, messuages, lands, tenements, and real estate, unto the first and other sons and the daughters of the said P. M. who should be capable of purchasing and holding lands of inheritance in England, in manner therein mentioned; and for default of such issue of the said P. M. then to and to the use of the defendant for life, he taking upon himself and using the name of M. remainder to trustees to preserve contingent remainders, remainder to the first and every other son of the body of the defendant, (taking upon them and using the name of M.) in tailmale; and in default of such issue, then to and to the

use of the said plaintiff and his heirs, he and they taking upon them and using the name of M. and the said testator (after bequeathing some further legacies) gave all the residue of his personal estate, after payment of his debts and funeral expences, to his said trustees, to dispose of as they should think proper; but in case his personal estate should fall short of paying and satisfying his funeral expences and debts, then the said testator directed his said trustees and their heirs, by and out of the rents and profits, or by sale or mortgage of any part of his messuages, lands, tenements, and hereditaments in, &c. aforesaid, and not by him before particularly mentioned, to raise money sufficient to make good such deficiency, and the said J. M. appointed the said W. D.-W. B.-H. F.-C. W. W. S. and W. H. executors of his said will, and further reciting that the said J. M. after the date and execution of the said will, made a mortgage in fee of the said Little Bolton Estate, for securing the sum of 4000/. and further reciting certain indentures of lease and release, dated the and days of being a settlement made previous to and in consideration of a marriage which was intended to be, and was soon afterwards had and solemnized between the said J. M. and A. B. and further reciting that the said J. M. died on or about the day of without having had any issue, leaving the said A. his widow him surviving; and further reciting that the said W. D.-W.B.-H. F. C. W.-W. S. and W. H. renounced the probate of the said will, and declined to act in the trusts thereof, and thereupon the defendant possessed himself of the personal estate and effects of the said J. M. or so much thereof as he was able, and entered into possession and