if he shall be thereto required by order of the said 1832. Court, or by any Judge thereof. Witness Westminster, the day of Memorandum to be subscribed to the Writ. at Regulæ generales. N. B. This writ is to be executed within four calendar months from the date hereof, including the day of such date, and not afterwards. Warning to the Defendant. 1. If a defendant, being in custody, shall be detained on this writ, or if a defendant, being arrested thereon, shall go to prison for want of bail, the plaintiff may declare against such defendant before the end of the term next after such detainer or arrest, and proceed thereon to judgment and execution. 2. If a defendant, being arrested on this writ, shall have made a deposit of money according to the stat. 7 & 8 G. 4. c. 71, and shall omit to enter a common appearance to the action, the plaintiff will be at liberty to enter a common appearance for the defendant, and proceed thereon to judgment and execution. 3. If a defendant having given bail on the arrest shall omit to put in special bail as required, the plaintiff may proceed against the sheriff or on the bail bond. 4. If a defendant, having been served only with this writ and not arrested thereon, shall not enter a common appearance within eight days after such service, the plaintiff may enter a common appearance for such defendant, and proceed thereon to judgment and execution. Indorsements to be made on the Writ of Capias. Or, Bail for £, by order [naming the Judge making the order] dated the day of This writ was issued by E. F. of the plaintiff [or plaintiffs] within named. Or, -, attorney for This writ was issued in person by the plaintiff within named [mention the city or parish, and also the name of the hamlet, street, and number of the house of the plaintiff's residence, if any such there be.] (Signed by all the Judges.) 1832. In the matter of the Estate and Effects of CATHERINE By a marriage BY settlement 20,000l. was tees on trust to pay the inte rest to the father of the wife for his life, after his death to the husband for life, with remainder to the wife for her life, with a power of appointment among her children, if any, and in default of issue, then on such trusts, and subject to CHOLMONDELEY, deceased. Y an indenture bearing date 7 April 1814, and made between Sir Philip Francis and Catherine vested in trus- Francis, his daughter, of the first part, G. J. Cholmondeley of the second part, Alexander Baring, Philip Francis, George James Earl of Cholmondeley, and the Right Honourable Charles Arbuthnot, of the third part, it was recited that a marriage was intended to be had and solemnized between the said Catherine Francis and George James Cholmondeley, and it was agreed by the parties to the said indenture, that the said A. Baring, P. Francis, &c., their executors, administrators and assigns, should stand and be possessed of the sum of 20,000l. in the said indenture mentioned, and the interest thereafter to accrue due thereon, upon certain trusts in the said indenture mentioned, for the benefit of the said Sir P. Francis during his life; and such direction from and after his decease for the benefit of the said G.J. Cholmondeley during his life; and from and after ment as she should make the decease of the survivor of them, the said Sir P. by will, in case she died in her Francis and G. J. Cholmondeley, for the benefit of the husband's life- said C. Francis during her life; and from and after the time, or by deed or will in decease of the survivor of them the said Sir P. Francis, case she should survive G.J. Cholmondeley and C. Francis, upon certain trusts her husband, in the said indenture mentioned, for the benefit of the and in default of such apissue of the said then intended marriage, in case there pointment by should be any such issue. And it was by the said her, in trust for her next of indenture agreed and declared between the parties. kin. The wife thereto, that in case there should be no child of the and appoint died in the lifetime of said G. J. Cholmondeley by the said C. Francis, his the husband, then intended wife, or in case there should be no child having by her the above sum will appointed who should arrive at the age of twenty-one years, or be to certain de- married if a daughter, then and in such case the said scribed per sons:-Held, that legacy duty was payable in respect of it. 1832. In re LEY. A. Baring, P. Francis, &c. their or his executors, administrators and assigns, should stand possessed of and interested in the whole of the said sum of 20,000l. CHOLMONDEupon and for such trusts, intents and purposes, and subject to such powers, provisoes, conditions, and declarations, as the said C. Francis, notwithstanding coverture, during the joint lives of herself and the said G. J. Cholmondeley, by her last will and testament in writing, or any testamentary instrument or appointment in the nature of a will, or any codicil or codicils thereto, to be by her signed and published respectively in the presence of and to be attested by two or more credible witnesses, or as the said C. Francis in the event of her surviving the said G. J. Cholmondeley, by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by her after the decease of the said G. J, Cholmondeley sealed and delivered in the presence of and to be attested by two or more credible witnesses, or by her last will and testament, or appointment in the nature of a will, or any codicil or codicils thereto, to be by her signed and published respectively, in the presence of and to be attested by the like number of credible witnesses, should direct or appoint. And in default of any such direction or appointment, and so far as any such direction or appointment should not extend, it was thereby declared and agreed that the said A. Buring, P. Francis, &c. their executors, administrators and assigns, should stand possessed of and interested in the whole of the aforesaid sum of 20,000. and the interest or annual proceeds thereof, in trust for such person or persons as would, at the decease of the said C. Francis, be entitled to her personal estate as next of kin, according to the statutes for the distribution of the personal estate of persons dying intestate, if the said C. Francis had died intestate and without 1832. In re CHOLMONDE LEY. having been married. The said sum of 20,000l. was the property of the said Sir P. Francis. The marriage took place shortly after the date of the above indenture, but there were no children. Mrs. Cholmondeley afterwards duly made the will and codicil next following, and afterwards died, leaving her husband, Mr. Cholmondeley, her surviving. "This is the last will and testament of me C. Cholmondeley. Whereas I am by my marriage settlement empowered in circumstances therein described to dispose of the sum of 20,000l. I hereby give, subject to the provisions of the settlement, one moiety thereof to my beloved husband, and direct the other moiety to be distributed as follows: To my niece M. E. Johnson 4000, to my niece C. Johnson 1000/., and further I bequeath the sum of 5000l. to J. W. Warren, Esq. and J. Angerstein of Cumberland place, Esq., in trust, that they pay the annual proceeds thereof in moieties to my brother and his wife Eliza, during their respective lives, the portion of the latter to be received and enjoyed by her independently of my brother, or of any other husband with whom she may hereafter marry. And further, that on the death of my brother or his wife Eliza, his or her moiety shall be paid to the survivor during his or her life, to be held by them respectively in like manner as their original moieties, and that at the death of such survivor they my said trustees divide the capital of the said 50007. between such of the daughters of my said brother and his wife Eliza as shall be living, the share of each to be paid to her on her coming of age, or being married with consent of guardians, and the shares of such as may die under age and unmarried, to be added to the shares of the survivors, and be considered as part of their original shares; and if it shall eventually happen that any part of the last mentioned moiety of the said 1832. In re 20,000/. shall not be herein disposed of, I give the same, together with all other property which may be mine, either in possession or reversion, to my beloved CHOLMONDEhusband, whom I constitute my residuary legatee and sole executor. Catherine Cholmondeley. Witness, Katherine Dunkinfield. LEY. J. Lloyd Dunkinfield. November 13, 1820." The following was the codicil. "Codicil to my will. Whereas, by the recent decease of my dear niece Catherine Johnson, the legacy of 1000, which I bequeathed to her in my will, is become void. I now direct that the said 10007. be equally divided between my dear sister M. Johnson and my niece M. E. Johnson. April 5, 1822." Catherine Cholmondeley. Administration, with the will and codicil annexed of Mrs. Cholmondeley, was afterwards granted to Earl Romney and Lord Braybrooke, the executors of the will of Mr. Cholmondeley, who, having survived his wife, died on or about 5 November 1813, without having proved her will. An order grounded on 42 Geo. 3. c. 99. s. 2. was obtained against the above administrators, and also against Messrs. A. Baring, Francis, and Arbuthnot, the trustees for the execution of the will, for not accounting for legacy duties on an affidavit stating the above facts. Temple and P. H. Abbot for the administrators, showed cause against the order being made absolute. It will be argued that the testamentary disposition of Mrs. Cholmondeley, being an appointment at her will and pleasure, constitutes a legacy under 55 Geo. 3. c. 184. schedule No. III. The wording of the existing |