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personal estate, the same was inconsiderable, and not sufficient to discharge Sir Francis's debts and legacies.

In the year 1684, the respondent married Dame Barbara, daughter of Sir Walter St. John, whose portion being £4250, was settled as a provision for the younger children of that marriage, payable after his death. The said Dame Barbara died in the year 1700, leaving issue only a son named St. John Toppe, and two daughters; one of whom married John Hungerford, esq. but without the consent or knowledge of the respondent her father; and both of them, by undutiful acts, had highly disobliged him.

Soon after the death of Dame Barbara, one Bernard and others got into possession of the respondent's estate, pretending a title thereto, by virtue of some deed made to them by the respondent; at which Dame Elizabeth, his mother, being much alarmed, pre-[158]-vailed upon him to come and reside with her at Mansfield, at the house of Mr. Stanhope, the appellant Frances's husband; and the respondent being pleased with his being there, he came to an agreement with Mr. Stanhope to pay him £240 per ann. for lodging, diet, and washing, for himself and two servants, and for keeping him a coach and pair of horses, and finding all necessaries for the same. Which agreement was reduced into writing, and signed by the respondent, in the presence and with the approbation of his said mother. And afterwards Mr. Stanhope, at the desire of Dame Elizabeth, undertook to recover the respondent's estate from the persons who had got into possession thereof; and accordingly ejectments were brought, and a verdict obtained for the respondent; and thereupon, several suits at law and in equity were commenced, and Mr. Stanhope was at the whole expence of those suits, and the respondent was at length quieted in possession by the Court of Chancery.

In order to reimburse Dame Elizabeth the £2000 which she had advanced to Mr. Stanhope for his wife's portion, with interest for the same; the respondent, together with the executor of the surviving trustee of the 500 years term, by indenture, dated the 3d of February 1700, assigned the premises comprised therein to new trustees, for the remainder of that term, upon the trusts mentioned in the settlement. And afterwards these new trustees, together with the respondent, for the more effectual raising the said £2000 and interest, by another indenture, dated the 13th of May 1701, assigned the same premises to other trustees, upon trust, that Dame Elizabeth should receive the rents for her life, till the said £2000 and interest should be paid; and if she died before the same was paid, then to permit the respondent to receive the rents and profits thereof, to his own use; and if he died before the same was paid, then to permit his son St. John Toppe to receive the rents and profits to his own use; and if he died before the said £2000 and interest was paid, then to permit the appellant Frances to receive the rents and profits during the remainder of the term, until the residue of the said £2000 and interest should be paid. And as to the advowson of Tormarton, which was worth £300 per ann. that was declared to be in trust for, and for the benefit of the appellant Dr. Michael Stanhope.

In May 1702, Dame Elizabeth died, having first made her will, whereby she gave several legacies to the appellant Frances, and made the respondent, her son, executor; having never received any part of the said £2000 and interest, or any of the rents of the estate charged therewith, by virtue of the said last assignment.

The respondent having not only settled his wife's portion and other monies, for a provision for his said daughters, after his death, but also charged his estate with £6000 more for them, and being thereby incapable, in great measure, of making a suitable provision for his said son, or any settlement on a sccond marriage; Mr. Hungerford, who had married one of the respondent's daugh-[159]-ters, and Elizabeth Toppe, the other daughter, agreed, in consideration of £600 to be paid them by the respondent, and of being let into the immediate possession of Dame Barbara's portion, which they were not entitled to till after the respondent's death, to release and surrender the security for the said £6000; which agreement was brought about, by the great application and endeavours of Mr. Stanhope, in his life-time, and of the appellants after his death, at the request of the respondent; and a great deal of money and time was spent by them in bringing about the same.

In January 1712, St. John Toppe, the son, died without issue; and the respondent