and as the plaintiff gave some evidence to sustain the averment in his declaration, it was incumbent on the defendants to have contradicted it, or shewn that he had made some consignments to the London market; and as they did not do so, I think there is no ground to disturb the verdict of the jury. Rule discharged. END OF EASTER TERM, A CASE, of which the following is the substance, was dated Where A., previously to his daughter C. conveyed property to the use of himself for life, remainder to the use of B., C.'s intended husband, for life; remainder to the use of C. for life; remainder to the use of the issue of the marriage, in strict settlement; remainder to the use of A. for ever; and A. afterwards devised all his property not before settled on his daughter's marriage, to the use of his widow for life; with like remainders to the use of B. and C. and their issue (subject to a term for the provision of younger children): remainder to the use of C. and her heirs; and B. and C. afterwards levied a fine of all the beforementioned premises to the use (subject to the uses in the settlement and will mentioned) of such persons as C., by will in writing, or any writing of appointment purporting such will, to be signed by her in the presence of, and attested by three or more witnesses, should appoint (which will, or writing of appointment in nature of a will, C., notwithstanding her coverture, was thereby empowered to make); and in the mean time, and for want of such appointment, for the whole or any part, to the use of C. and her heirs. C. having survived B., by whom she had no issue, married D., whom she also survived, and then died, leaving E. an only son by D.; to which son C., by an instrument, purporting to be her will, signed in the presence of, and attested by three witnesses, left all her estates in fee, the instrument containing a provision, that the property should go over to C.'s sister, in case of E.'s dying in C.'s lifetime. E. shortly afterwards died an infant, intestate and without issue :-Held, that the instrument executed by C. did not, as to the estates comprised in the fiue, operate at law as an execution of her power of appointment, but as a devise by force of her interest.-Held, also, that E. took by descent from his mother, and not by purchase. 1822. LANGLEY V. SNEYD. cuted by and between William Bowyer, of the first part; Thomas Ley and John Goodwin, of the second part; Moreton Walhouse and Arthur Bowyer, brother of the said William Bowyer, of the third part; Edward Walhouse Okeover, only child and heir apparent of the said Moreton Walhouse, of the fourth part; and Margaret Bowyer, daughter and only child and heiress apparent of the said William Bowyer, of the fifth part : whereby, after reciting that a marriage was agreed upon, and intended then shortly to be had and solemnized between the said Edward Walhouse Okeover and Margaret Bowyer, by the mutual consent of their respective fathers; and further reciting, that the said Moreton Walhouse, in prospect of the said intended marriage, had, on or before the date thereof, conveyed and assured certain estates therein mentioned of him the said Moreton Walhouse, to the use of the said Edward Walhouse Okeover and Margaret Bowyer, his then intended wife, during their respective lives, and the life of the survivor, with remainder for the benefit of the daughters and daughter, younger sons and younger son, except an eldest son, with remainder or reversion in case there should happen to be no such daughters or daughter, younger sons or younger son, to the use of the said Moreton Walhouse, his heirs, executors, administrators, and assigns respectively it was witnessed, that in consideration of the said intended marriage, and of the settlement and conveyance so made as aforesaid by the said Moreton Walhouse, and for settling and conveying the manor, capital messuage, and other the messuages, farms, lands, tenements, and herediments thereinafter mentioned, to such uses, upon such trusts, and subject to such provisoes and agreements as thereinafter mentioned, and for making a provision for the said Margaret Bowyer, and the issue of the said marriage, over and above the sum of 2,000l. which the said William Bowyer agreed to pay to the said Edward Walhouse Okeover; and also in consideration of ten shillings to the said William Bowyer paid by each of them the said Thomas Ley, John Goodwin, Moreton Walhouse, and Arthur Bowyer, he the said William Bowyer did grant, bargain, sell, alien, release, and confirm unto the said Thomas Ley and John Goodwin, their heirs and assigns, the manor, &c. therein particularly mentioned; to hold the same unto the said Thomas Ley and John Goodwin, their heirs and assigns, to the uses thereinafter mentioned, to take effect from the solemnization of the said intended marriage, viz. to the use of the said William Bowyer and his assigns, during his life, without impeachment of waste; remainder to the use of the said Thomas Ley and John Goodwin, and their heirs, during his life, in trust, to support the contingent uses and estates thereinafter limited; remainder to the use of the said Edward Walhouse Okeover and his assigns, for the term of his life, without impeachment of waste; remainder to the use of the same trustees and their heirs, during his life, to support contingent remainders; remainder to the use of the said Margaret Bowyer, his then intended wife, and her assigns, during her life, without impeachment of waste; remainder to the use of the same trustees and their heirs, during her life, to support contingent remainders; remainder to the use of the said Moreton Walhouse and Arthur Bowyer, their executors, administrators, and assigns, for the term of five hundred years, without impeachment of waste, upon certain trusts therein mentioned, for the raising such portions and maintenance for the daughter or daughters, younger son or younger sons of the said intended marriage, except an eldest son, by such ways and means, and at such times, as therein mentioned; and with a proviso for the ceasing of such term upon such trusts being fully performed, satisfied, or discharged; remainder to the use of the first and other sons of the said Edward Walhouse 1822. LANGLEY v. SNEYD. 1822. LANGLEY v. SNEYD. Okeover, on the body of the said Margaret, his intended wife, to be begotten, and of the heirs of their respective bodies successively; remainder to the use of the daughters of the said Edward Walhouse Okeover on the body of the said Margaret to be begotten, equally as tenants in common, and of the heirs of their respective bodies, with remainder or reversion to the use of the right heirs of the said William Bowyer for ever. Soon after the execution of the said indentures of the 12th and 13th Feb. 1777, the marriage was solemnized between the said Edward Walhouse Okeover and Margaret Bowyer. The said William Bowyer made his will, dated the 26th September, 1780, duly executed and attested to pass real estates, whereby (amongst other things) he devised to the said Thomas Ley and Arthur Bowyer, their heirs and assigns, all and every his real estates whatsoever not settled on his daughter's marriage with the said Edward Walhouse Okeover (except certain estates therein mentioned, which the testator had before devised to trustees, in trust to sell, to pay his debts), subject to the payment of such part of his debts as the estates so specifically devised for payment thereof, should fall short of paying, to the use of his wife Christiana Bowyer, for the term of her life, without impeachment of waste, in lieu of dower; remainder to the use of his son-in-law, the said Edward Walhouse Okeover, for his life, without impeachment of waste; remainder to the use of the same trustees and their heirs, during his life, in trust to support the contingencies and estates thereinafter limited; remainder to the use of his daughter, the said Margaret Okeover, wife of the said Edward Walhouse Okeover, for her life, without impeachment of waste; remainder to the use of the same trustees and their heirs during her life, in trust to support the contingent uses and estates thereinafter limited; and from and immediately after her decease, subject to, and charged and chargeable with the |