the dividends, interest, and annual produce of the said
sum of 1000% to her and their own use, for and during the
term of her natural life; and from and immediately after
the decease of the survivor of them, the said John Fry
and Honnor his wife, then in trust for all and every
the child or children of the body of the said John Fry.
on the body of the said Honnor his wife to be begotten
in such parts, shares, and proportions, and in such sr
manner, and form, and with, under, and subject to sti
powers, provisoes, conditions, restrictions, and limita
tions such limitations over to be for the benefit of some
or one of such child or children,, as the said John Fry and
Honnor his wife shall jointly, by any deed or deeds, writ-
ing or writings, to be by them sealed and delivered in the
presence of two or more credible witnesses, or in default
of such joint appointment as the survivor of them shall
by any deed or deeds, writing or writings, to be by him
or her sealed and delivered in the presence of two or more
credible witnesses, or by his or her last will and testament.
to be by him or her signed, sealed, and published in the pre
sence of the like number of credible witnesses, direct, limit,
or appoint; and in default of some such direction, limita-
tion. or appointment, and as to such part or parts thereof
whereof no such direction, limitation, or appointment stall
be made, then in trust to pay or transfer the said sum
of 1000% unto and amongst all and every the child and
children of the body of the said John Fry on the body of
the said Honnor his wife to be begotten, equally to be
divided between or amongst them if more than one, share
and share alike, and if there shall be but one such child,
then to such one child, for his, her, and their portion and
portions: the said sum of 1000%, or so much thereof where-
of no such direction. limitation, or appointment shall be
made as aforesaid, and the parts and shares thereof, to be
transferred or paid to such children or child in the manner
following, that is to say, the part or share, parts or shares

of such of them as shall be a daughter or daughters, shall be transferred or paid to her or them at her or their age of twenty-one years, or day or days of marriage, which shall first happen; and the part or share, parts or shares of such of them as shall be a son or sons, shall be transferred or paid to him or them at his or their age of twenty-one years, unless such time or respective times of payment shall happen in the lifetime of the said John Fry and Honnor his wife, or of the survivor of them; and in such case the part or share, parts or shares of such of them as, being a daughter or daughters who shall have attained (during the life of the said John Fry and Honnor his wife,) the age of twenty-one years, or be married, or, being a son or sons, shall then have attained that age, shall become a vested interest or vested interests in him, her, or them respectively, and be transmissible to his, her, or their executors, administrators, or assigns, and shall be transferred or paid immediately after the decease of the survivor of them, the said John Fry and Honnor his wife; and if any such child or children, being a daughter or daughters, shall happen to depart this life under the age of twenty-one years and unmarried, or, being a son or sons, shall depart this life under the said age of twenty-one years, then part or share, parts or shares of him, her, or them so dying shall go and be paid to the survivor or survivors of them, and the executors, administrators, or assigns of such of them being dead, who, being a daughter or daughters, shall have survived the said John Fry and Honnor his wife, and have lived to attain the age of twenty-one years, or be married, or, being a son or sons, shall have survived the said John Fry and Honnor his wife, and have lived to attain the said age of twenty-one years, at such time or times as his, her, or their original share or shares shall become payable or transferable, or as soon afterwards as circumstances will permit. And it is the true intent and meaning of these presents, and of the said parties, that all and

the

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every the share and shares so directed to survive and accrue shall from time to time survive and accrue, together with the original share and shares, until such original share and shares shall by virtue of these presents become vested. And upon this further trust, that the said Jasper Capper and William Christopher Hancock, or the survivor of them, or the executors or administrators of such survivor, shall and do in the meantime, after the decease of the survivor of them the said John Fry and Honnor his wife, pay and apply the dividends, interest, and annual produce of the said sum of 1000l., or so much thereof as to them the said Jasper Capper and William Christopher Hancock, or the survivor of them, or the executors, administrators, or assigns of such survivor shall seem proper, for and towards the maintenance and education of such children or child, until their respective shares, or his or her share, of the principal money shall become payable, in proportion to their respective shares and interests therein. And in case there shall be no child of the body of the said John Fry on the body of the said Honnor his wife begotten, or there being such, if every such daughter depart this life under the said age of twenty-one years and unmarried, and every such son shall also depart this life under the said age of twenty-one years, or in the lifetime of the said John Fry and Honnor his wife, or either of them, then in trust to pay or transfer the said sum of 1000l., and the securities. and funds wherein the same shall be then invested, to the survivor of them the said John Fry and Honnor his wife, to and for his or her own proper use and benefit.”

The said sum of 2000l. was afterwards paid to the trus tees, and invested in the purchase of 2230l. 37. 10s. per cent. Reduced Annuities.

John Fry died in 1810, and no joint appointment of the said 2000l. or any part thereof was ever made by him and his wife.

His widow, the said Honnor Fry, received the dividends on the said funds up to the time of her decease.

Honnor Fry, after the death of her husband, by her will and testament in writing, dated the 1st of November, 1845, after reciting the said indenture, and that there were only six children of her marriage then living, her daughters thereinafter named, continued as follows:-"I do, by this my last will and testament, in exercise and execution of the power or authority to me in this behalf given by the said indenture of the 14th of August, 1792, and of every other power or authority enabling me in this behalf, direct, limit, and appoint, that the said" trustees of the settlement," and the survivor of them, and the executors and administrators of such survivor, and the trustee or trustees for the time being of the said 2230l. 31. 10s. per cent. Reduced Annuities, shall, from and immediately after my decease, stand possessed thereof, and of the stocks, funds, monies, or securities to arise therefrom, or in which the same or any part thereof may from time to time be invested, and the interest, dividends, and annual produce to arise therefrom respectively, from and after the day of my decease, upon the several and respective trusts, and for the intents and purposes following; that is to say, upon trust to apportion the same respectively for the benefit, in equal shares, of such of my before-named daughters, Honnor Frances Fry, Mary Craig Fry, Anne Jane Fry, and Julia Maria Fry, Hannah Westcott Prior, and Ellen Cornelia Neatherway, who shall be living at the time of my decease, such respective apportionments to be transferred and paid in manner hereinafter provided. And I do hereby direct, that the said" trustees, "and the survivor of them, and the executors and administrators of such survivor, and the trustees or trustee for the time being of the said trust funds and monies shall stand possessed of the respective shares of the said last-mentioned trust funds

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and monies, and of the dividends, interest, and annual
produce thereof, which shall be apportioned to my before-
named daughters Hannah Westcott Prior and Ellen Cor-
nelia Neatherway, upon trust, during the joint lives of my
said daughters respectively and their respective husbands,
and if my said daughters respectively shall survive their
respective husbands, then during the respective lives of
my said daughters, to pay to them, my said daughters re-
spectively, or to such person or persons as they respective-
ly, whether covert or widows, shall from time to time in
that behalf, but not by way of anticipation, appoint in writ-
ing under their respective hands, the interest, dividends,
and annual produce of their respective shares of the said
trust funds and monies, for their respective sole and sepa-
rate use and benefit, exclusively of their respective hus-
bands, and without being liable to the debts, control, or
engagements of any of their husbands or husband respect-
ively, the respective receipt or receipts of my said daugh-
ters respectively, whether covert or widows, for the same,
or, as to the part or parts thereof respectively appointed as
aforesaid, of the respective appointee or appointees there-
of, to be alone a valid discharge or valid discharges for
the sum or sums therein respectively acknowledged to be
received." And after the decease of the daughters respect-
ively, the will declared the trusts of their respective shares
to be for their respective appointees by deed or will, and
in default for their executors or administrators respect-
ively.

Honnor Fry, the testatrix, died on the 3rd of January, 1853.

There were several questions submitted in a special case to the Court; of which one was, whether the appointment by the will for the benefit of the married daughters of the testatrix was valid.