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for he was at least 25 years of his life, even to his father's death, banished the family without the least misbehaviour or undutifulness on his part. And in the year 1684, Mr. Frederick levied a fine, and barred the entail created by the settlement of January 1674, in all the estates therein comprised, except those which were settled on Leonora in jointure.

Mr. Frederick, having acquired a very great personal estate, made his will, dated the 20th of May 1718, and thereby gave to his wife £10 over and above her, jointure, and to his eldest son Sir John £1000 over and above what was settled upon him by his marriage agreement; to his son Sir Thomas £1000, to his daughters Mary, Leonora, and Jane, £1000 a-piece; but these legacies to his eldest son and daughters were given upon this [257] express condition, that they should not contest his will with his executors, or other his legatees, and that the said legacies should not be paid them, but upon their respective releasing all manner of right, claim and demand whatsoever, in law or equity, to his real or personal estate. After giving several other legacies, he devised to his executors and trustees the residue of his personal estate, in trust thereout to pay themselves £500 a-piece, and a maintenance for the appellant till his age of 22, and then to assign, transfer, and deliver the remainder to him; but if he died before that age, then all the estate and premises given to him, were to be equally divided between the respondents John and Charles, the testator's younger sons; and as to his houses and real estate, whereof he had barred the entail as aforesaid, and which were of the yearly value of £1250, he devised the same to his second son Sir Thomas and the heirs male of his body, with remainder to his own right heirs.

On the 21st of May 1720, the testator died; and on the 8th of July following, Leonora, his widow, brought her bill in Chancery, to carry into execution and to have the benefit of all the agreements made upon her marriage; and particularly, the engagements of her late husband and his father, so solemnly entered into with the Court of Aldermen before her marriage, and that she and her children might have two-thirds of her husband's personal estate, in conformity to the custom of the city, and for an account of such personal estate, and to have the trust money in his hands laid out in purchases.

The appellant also brought his bill, to have the benefit of his father's will, and that proper directions might be given for carrying the same into execution.

On the 30th of March 1721, both causes were heard before the Lord Chancellor Macclesfield; who, having taken time to consider thereof, made his decree on the 25th of August following; and thereby declared, that he was of opinion, that the testator was bound by the agreement made before his marriage with Leonora, and that his taking up his freedom of the city of London was part of such agreement; and that as he was bound, so his executors and all persons claiming under his will, ought likewise to be bound by the said agreement, and that the same ought to be performed according to the true intent and meaning thereof, so as that the widow and her children might have the benefit and fruit of it; and that, therefore, the will ought to be deemed and taken to be void as to two-thirds of his personal estate, and the same ought to go and be distributed, as if he had actually taken up his freedom in his life-time; and his Lordship did order and decree the same accordingly and in order thereto, decreed an account to be taken of the personal estate, with the usal directions for taking the same. And, after directing the real estate devised to Sir Thomas Frederick, to be disencumbered out of the personal estate; and so much of the trust money agreed by the marriage settlement to be invested in lands, as came to the hands of the said Thomas Frederick, to be raised out [258] of his personal estate and invested accordingly, and the rest of his debts to be paid; it was decreed, that the residue of such personal estate, consisting chiefly in stocks in divers companies, and in bonds and annuities from the Government, and other securities, should be divided in specie in thirds; (except the bank stock and parliamentary lotteries subscribed into the bank, which were specifically devised to the executors, in trust in the first place for payment of £9000 legacies, and as to the remainder thereof, in trust for the benefit of the testator's two younger grandsons, which said bank stock and lotteries, or the produce of the said lotteries arising on the subscription made of the same into the South Sea company, were to be valued by the Master, and a price to be set upon the same, at the time of the