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Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the decree, reports, and orders therein complained of, affirmed: and it was further ordered, that the appellant should pay the respondents Sir John Frederick, Thomas Powell and his wife, and Rumney Diggle and his wife, £200 for their costs. (Jour. vol. 23. p. 703.)

Henry Vernon made his will at Aleppo, the 23d of September 1691, whereby he gave several legacies, and after payment thereof, and of his debts and funeral charges, he bequeathed the residue of his estate, and appointed his executor in the words following, viz.

Item, I give and bequeath the remaining part of my estate, goods, moveables, and whatsoever else by any kind of right or title may belong, appertain, or appear due to me, to my dear brother Thomas Vernon; but in case he should die without heirs male of his body, I do in such case give and bequeath this legacy of the remaining part of my estate, to be equally divided between my brother George Vernon and my brother Charles Vernon. I make and ordain the said Thomas Vernon, my dear brother, to be my full and only executor; but in case of his mortality, I do appoint my honourable father Sir Thomas Vernon my sole executor, requiring either of them, in [268] the name of God, to see this my will and testament performed as aforesaid.

This will the testator wrote with his own hand, and by a codicil written also with his own hand under his will, and dated the 25th of January 1692, he gave some other legacies, and confirmed his said will in every particular. And on the 14th of November 1694, he made another codicil, whereby he gave several other legacies, and confirmed his will and first codicil.

From the time of making this will and codicils, the testator continually resided at or near Aleppo, so that he had no opportunity of taking proper advice upon the form of his will, and on the 18th of November 1694, he died at Aleppo.

Soon after the testator's death, Thomas Vernon, his brother, proved the will and codicils, and possessed himself of the testator's estate and effects; and after payment of his debts, legacies, and funeral expences, the surplus amounted to above £10,000.

Thomas Vernon being afterwards about to marry the appellant, and being conscious how great a sum of money he had received under his brother's will, and intending, in case he should have no heirs male of his body, to make some provision for the respondents, and thereby, in some measure, answer the testator Henry's intent, expressed in his will; he therefore included the respondents George Vernon and Sir Charles Vernon in the articles made previous to that marriage.

And accordingly by articles of agreement, dated the 6th of September 1695, between Sir Thomas Vernon and John Weston, esq. of the first part; the said Thomas Vernon and the appellant, by her then name of Jane Stile, of the second part; and John Dibble and Ann Stile, sister of the appellant, of the third part; reciting, that a marriage was then intended between the said Thomas Vernon and the appellant, with whom he was to have a portion of £1500 in money, and that the appellant's uncle John Stile, esq. had, by his will, devised to her his lands in or near Cranly and Cobham in Surry, which were agreed to be conveyed to the