gratefull conduct since my lamentable situation. I do declare this to be my wish. "H. M. WHITEHEAD." "I give and bequeath to Mary Charlotte Dickinson my Indea shawl and my bed and furniture that is in my room and likewise my drawing [room] furniture-and to James Dickenson my parlor furniture in my parlor and my bed and furniture in my back bed-room and my watch and chain and seals to Mary C. Dickenson I do desire that Mary Dickenson James and George Dickenson Sarah Ibbott Ibbott do jontly jointly pay quarterly to Charlotte Dickenson wife of Joseph Dickenson twenty pounds per year during her natural life and ten pounds a year to Sarah Dickenson [daughter of the above] during her life to be paid by the above jointly my clothes I beg may be equally divided between Mrs. Ibbott Mary Charlotte Dickenson and Sarah Ibbott daughter of Joseph Ibbott the pictures of my beloved husband I desire and myself two in oil to be given to Mary Charlotte Dickenson and the two in crayons to Sarah Ibbott daughters of Joseph Dickenson and Joseph Ibbott my plate to be eaqually divided between Mary Charlotte Dickenson and James Dickenson and Sarah Ibbott son and daughters of Joseph Dickenson and Joseph Ibbott-the other pictures to be divieded between the above my rings and jewels to be devided between the above table linen the same-I *give one of my [*346 silver cups one to Mary Charlotte [Dickenson] and one to Sarah Ibbott my books and book case t in the little back drawing-room I give to Mary Charlotte Dickenson and the two in the parlor one I give to James Dickenson with the books that has the secretary and the other to Joseph Ibbott-son of Joseph Ibbott with books-if any of the above should die I desire the survivors will share and share alike. November 16, 1819. (No. 5.) "HESTER MARY WHITEHEAD." "Alpha Cottage, Feb. 19, 1821. "This is a codicil to my will I desire that the lease of my house Alpha Cottage with furniture plate linen jewels watches pictures books clocks with all the property that belongs to me after my death with the [Bank in the five per cents-with the money in the] freehold houses at Tunbridge to my ever valuade friend during his natural life Doctor George Rees Doctor of Physic late of Finsbury Square now of Pembrok House Mare Street Hackney Member of the Royal College of Physicians for his benefit only (no creditor whatsoever can or shall have any control over my property but to be solely for his) the said George Rees comfort during his life and after his death to go to the persons mention in my will in the hands of Mr. Fisher Green Street. Í do peremptorily beg this will may revoke all other will's during the natural life of the said Doctor George Rees, as he has been the most valuable and sincere friend to me during my severe trial of widow hood I beg he would see all my just debts paid out of my property if there should be any which will not be more than a few pound as I never contracted any-the money in the Bank he is to receive the interest during his life-and to pay to *Charllotte Dickenson wife of Joseph Dickenson sister to H. M. White[*347 head thirty pounds per year during her life to be paid to her quarterly. "February 19, 1821. } "Witness my hand "S. FYNNEY. (No. 6.) "September 28, 1822. "This is A Codicil to my Will in the hands of my Dear friend Dr. George Rees I do desire that the interest of One thousand pounds standing in my name in the four pr. cents. to be solely for the use and benefit of my sister Charlotte Dickinson and at her death the same to be equaly devied between her son James Dickinson and Sarah Ibbott only daughter of my sister Sarah Ibbott share and share alike I give and bequeath to my Dear friend Mary Ann Storey 12 Mount Street Grosvenor Square my small diamond ring the one that is set as a butterfly and my diamond ear-rings I likewise give to Mrs. Giblin Aunt to the above and my Black velvet dress and cloak and the best bonnet I may leave, I give and bequeath to my ever dear friend Harriott Vardon Daughter of Mr. Vardon Kingston my gold watch chain and seals with my large Diamond ring. I give to my ever to be beloved Dr. George Rees my large Amethyst diamond brooch. I likewise give to Harriott Vardon my tortoise shell worke Box-and my worke table to Sarah Ibbott as above-I give to Harriott Vardon my Blacke lace Cloak and large white vail and the two picture of my beloved husband and myself hanging in the Back drawingroom I beg that the remainder of my cloths may be eaqually equally divided between my Sister Sarah Ibbott Charlotte Dickenson and Sarah *Ibbott daughter of the above Sarah and I do desire *348] if at my Death that if Ann Mirries is in my house she may receive additional to the wagees ten pounds and five pounds for Mourning for her faithful services. I give to Mrs. George Author my small diamond ring. "I do declare this to be my own act and deed. "HESTER MARY WHITEHEAD." "I give and bequeath to Miss Eliza Attree my coral necklace & bracelets she lives at St. James Place and to Miss Sarah Ibbott my India Shawl. "HESTER MARY WHITEHEAD. "Witness, MARY ANN LEADER. "J. DEXTER." (No. 7.) Finding that owing to the late insolvency of my friend Dr. Rees the disposition I have made of my property in my codicil dated February 19th 1821 will not secure the property there left to him as I [wish I] make this Codicil to vary the codicil dated the 19th Feby. 1821 in as much as the property thereby left to Dr. George Rees I now leave to [Mr. Norton Apothecary Gloster St. Gloster Place and] Mr. Henry How Cole Carpet Warehouse Regent Street in trust to pay to Dr. Rees the interest and proceeds as the same shall arise for his sole and separate use but upon this express condition that the same or any part thereof shall not be subject or liable either as principal or Interest to be sold disposed of made over or applied in liquidation of any debts or Engagements heretofore contracted or wh. may hereafter be contracted by the said Dr. George Rees but the same shall not be assignable by operation of law or otherwise to warrant or empower the Trustees hereby named to apply the sd. Trust Property in any way other than is hereby directed and I *appoint Mr. James White of No. 3 Judd St. London my sole Executor. "H. M. WHITEHEAD. *349] "Signed and acknowledged by Mrs. Whitehead in the presence of us who in her presence and the presence of each other have hereunto set our names as witnesses this eleventh day of December, 1822. "MARY ANN LEADER. "J. DEXTER. "BENJ. ROLEFF.(a) No evidence was given at the trial to explain or account for the said alterations, obliterations, and interlineations, or any of them, or to show that any of the said papers had ever been in the possession of Mr. Fisher mentioned in the sixth of the said papers, or whether there ever had been any testamentary papers of the said Hester Mary Whitehead, except the said nine papers. With the said testamentary papers another paper, properly signed and attested, but not admitted to probate, was deposited in Doctors' Commons and marked 6 a. It has no interlineations, and is as follows: 'Alpha Cottage Feby 19, 1821. "This is a Codicil to my Will I desire that the Lease of my House Alpha Cottage with furniture plate linen jewels watches pictures Books Clocks with all the property that belongs to me after my Death with the freehold Hhouses at Tunbridge with the money I may have in the Bank in the five per Cents To my *ever Valueded friend During his natural life Doctor George Rees Doctor of [*350 Physic late of Finsbury Square now of Pembrok House Mare Street Hackney Member of the Royal College of Physicians for his benefit only) no creditor whatsoever can or shall have any control over my property but to be solely for his the said George Rees comfort during his life) And after his Death to go to the persons mention in my will in the hands of Mr. Fisher Green Street I do peremptorily beg this Will may revoke all other Wills during the natural life of the said Doctor George Rees-As he has been the most valuable and sincere friend to me during my severe trial of widowhood I beg he would see all my just debts Paid out of my property if there should be anywhich will not be more than a few Pounds as I never contracted any the mony in the bank he is to receive the interest only during his life-and to pay to Charlotte Dickenson the wife of Joseph Dickenson Sister to H. M. Whitehead thirty pounds per year during her life to be paid to her quarterly. "February 19, 1821. "Witness my hand. "H. M. WHITEHEAD. "SARAH FYNNEY "I have this day, February 11, 1823, delivered a copy of the above to Doctor George Rees in the presence of Mrs. Sarah Ibbott and Mrs. Charlotte Dickenson, as witness my hand. "JAMES WHITE."(a) (a) This paper was endorsed "Codicil assigns to Mr. Norton in Trust. 1822." (b) This was the executor named in the testamentary paper No. 9; and the delivery in question took place two days after the death of the testatrix. The said several testamentary papers were produced from Doctors' Commons: and the learned Judge *directed the jury to find, *351] and the jury found, that the same were respectively signed and executed by the said Hester Mary Whitehead, and attested: but the Court was to be at liberty to draw such inferences of fact as the jury might have drawn. The said Hester Mary Whitehead was at the dates of the said testamentary papers, and continuously to the time of her death, seised in fee simple of and in the said reversion so devised to her as aforesaid: and, save and except the said estates for life of the said Ann Whitehead, Mary Whitehead, Charlotte Whitehead, and Caroline Whitehead, the said estate and interest of the said Hester Mary Whitehead was not nor is subject to any outstanding estate, term, or interest in the same. The said Hester Mary Whitehead died on the 9th of February, 1823. The said Charlotte Whitehead survived the said Ann Whitehead, Mary Whitehead, and Caroline Whitehead, and died without issue on the 9th of April, 1848. The said claimant James Dickinson is the same James Dickinson mentioned in the first, second, and third of the said testamentary papers. The said claimant George William Dickinson is the heir at law of the George Dickinson mentioned in the second and third of the said papers; and the said George Dickinson was the heir at law of the Mrs. Dickinson mentioned in the first, second, and sixth of the said testamentary papers. The said claimants Harriett Lambert and William Farr Stourton are the devisees in fee under the will of Joseph John Ibbott, mentioned as Joseph Ibbott in the first and third of the said testamentary papers; and the said Joseph John Ibbott was the heir at law of the Mrs. Ibbott mentioned as Mrs. Ibbott and as Mrs. Sarah Ibbott, the sole ex-cutrix, in the first of the *said testamentary documents, *352] and as Mrs. Sarah Ibbott in the second of the said testamentary documents. The said claimant Sarah Sophia Ann Stourton is the same person as Sarah Ibbott mentioned in the first and third of the said testamentary papers. Mary Dickinson mentioned in the first, second, and third of the said papers is now the wife of Richard Mansell, and is not represented by any of the plaintiffs in the present action. The defendant David William Stidolph is the heir at law of Wil liam Hamlin Stidolph, who is mentioned in the second of the said testamentary documents, and who was the brother and heir at law of the testatrix, Hester Mary Whitehead. The Court was to be at liberty to draw such inferences as a jury might reasonably have drawn; and, if they should think fit, to inspect the original testamentary papers. The questions for the opinion of the Court were,— First, whether the said testamentary papers, or any of them, were admissible in evidence. Secondly,--if the said papers, or any of them, were admissible in evidence, whether the claimants or any of them, and, if any, which of them, are entitled to recover the three undivided fourth parts or shares, or any parts or shares, and, if so, what parts or shares, of the lands and premises in question: And, if the Court shall be of opinion that the claimants or any or either of them are or is entitled to recover the said three undivided fourth parts or shares, or any parts or shares of the lands and premises, then judgment is to be entered for the said claimants for such parts or shares as they may be entitled to. But, if the Court shall be of opinion that the claimants or any of them are not entitled to any part or share, then judgment is to be entered generally for the defendant. *The case was argued in Trinity Term last, by Couch (with [*353 whom was Clare), for the plaintiffs, and Bovill, Q. C. (with whom were Hardy and Macnamara), for the defendant. The arguments are so fully commented upon in the judgment that it has been deemed superfluous to state them at length. On the part of the plaintiffs the following authorities were referred to:--Allen v. Maddock, 11 Moore's P. C. Čas. 427, Smart v. Prujean, 6 Ves. 560, Habergham v. Vincent, 2 Ves. jun. 228, Shortrede v. Cheek, 1 Ad. & E. 57 (E. C. L. R. vol. 28), 3 N. & M. 866, Re Hunt, 2 Rob. E. C. 622, Hodges v. Horsfall, 1 Russ. & M. 116, Pigott v. Wilder, 26 Beavan 90, Gordon v. Lord Reay, 5 Simons 274, Larkins v. Larkins, 3 B. & P. 16, Locke v. James, 11 M. & W. 901,+ Short d. Gastrell v. Smith, 4 East 418, Gover v. Davis, 9 Weekly Rep. 87, Noel v. Hoy, 5 Madd. 38, Thomas v. Phelps, 4 Russ. 348, Doe d. Wall v. Langlands, 14 East 370, Davenport v. Coltman, 9 M. & W. 481,† Patton v. Randall, 1 Jac. & W. 189, Saumarez v. Saumarez, 4 Milne & Cr. 331, Re Greenwich Hospital Improvement Act, 20 Beavan 458, Phillips v. Beal, 25 Beavan 25, Morrison v. Hoppe, 4 De Gex & Sm. 234, Jarman on Wills, 3d edit. 112, 599, and Williams on Executors, 5th edit. 85, 123, 124. On the part of the defendant the following authorities were cited: -The Corporation of Gloucester v. Osborn, 1 House of Lords Cases 272, Smart v. Prujean, 6 Ves. 560, Dillon v. Harris, 4 Bligh, N. S. 321, Ferraris v. Lord Hertford, 3 Curteis 468, 7 Jurist 263, Croker v. Lord Hertford, 4 Moore's P. C. Cas. 339, Re Drummond's Will, 2 L. T. N. S. 391, Swete v. Pidsley, 6 Notes of Cases in the Ecclesiastical Court 189, Maxwell v. Maxwell, 2 De Gex, M'N. & G. 705, Wentworth v. Cox, 6 Madd. 363, Camfield v. Gilbert, *3 East 516, Doe d. Dring, 2 M. & Selw. 448, Coard v. Hick v. Holderness, 20 [*354 Beavan 147, Saunderson v. Dobson, 16 Law J., Exch. 249, Williams v. Ashton, 1 Johnston & H. 115. WILLIAMS, J., referred to Goodright d. Rolfe v. Harwood, Cowp. 87, 3 Wils. 497, and Ingoldby v. Ingoldby, 4 Notes of Cases in the Ecclesiastical Court 493,-a series of reports the discontinuance of which he lamented as a great loss to the profession. Cur. adv. vult. WILLIAMS, J., now delivered the judgment of the Court:(a)—— In this case the plaintiffs claim three undivided fourth parts of some houses and lands in London and Middlesex, as devisees under an alleged will of Hester Whitehead; and we have to decide whether, among the testamentary papers made by her and produced before us, there is a will operating to pass that property. (a) The case was argued before Erle, C. J., Williams, J., Willes, J., and Byles, J. |