April 25, 28, June 3, 5, 1818. DEVISE. 66 "who died in his the said Lemuel's life-time; and July 8, 1817; that the said Elizabeth, daughter of the said "Lemuel Shuldham, intermarried in the year 1771, "with Folliott Warren, and had by him several children, some of whom are now living, and that "the said Pooley Shuldham died in the year 1793, leaving John Brady Shuldham the Defendant, "his eldest son and heir at law, and several other "children, and the said John Brady Shuldham is "also heir at law of the said Pooley Molyneux, of "the said Elizabeth Molyneux, otherwise Butler, "of the said Dorothy Molyneux, of the said Le"muel Shuldham, Rebecca Shuldham, and Pooley "Shuldham. Issue by her "That the said Elizabeth, the sister of the said third husband," testator Pooley Molyneux, did, after the death of "her second husband Samuel Shuldham, inter Butler. marry with Buckley Butler, and that she, the " said Elizabeth, had by the said Buckley Butler issue, two daughters, namely, Sarah Butler and "Elizabeth Butler; and that the said Sarah died "in the year 1802, without issue, and that the "said Elizabeth, the daughter of the said Eliza"beth and Buckley Butler, married in the year "1755 with William Robinson, who died in the 66 year 1758, by whom she had issue, one son, Wil"liam Robinson, who is living; and that the said "Elizabeth Robinson, after the death of the said "William Robinson her husband, that is to say, "in the year 1764, intermarried with Samuel Ma"thews, by whom she had issue, several children now living, and that the said Samuel Mathews "died in the vear 1785; and that the said Elizabeth "Mathews is the lessor of the Plaintiff in this April 25, 28, "action. July 8, 1817; June 3, 5, 1818. "That the said Elizabeth Mathews was the only "child of the said Elizabeth Butler, the sister of DEVISE. "the said Pooley Molyneux living at the time of "the death of the said Catherine Hewetson; and "that all the children of the said Elizabeth, the sister of the said Pooley Molyneux, died in the "life-time of the said Catherine Hewetson, save "the said Elizabeth Mathews, who survived the " said Catherine Hewetson, and that there are issue "of several of the said children now living. "That the said Catherine Hewetson, otherwise "Nicholson, Abigail Hewetson, otherwise Jackson, "Sarah Mewkins, otherwise Curtis, and Eleanor "Shuldham, four of the annuitants in the said will "named, were children of the children of the said "Elizabeth, the sister of the said testator; and "that the said Catherine Hewetson survived the " said Lemuel Shuldham, Dorothy Molyneux, "Rebecca Shuldham, Sarah Curtis, Nabby Jack"6 son, Catherine Smith, Eleanor Shuldham, and "David Davies. 66 child of testa "That at the time of the death of the surviving At the death "annuitant, there was only one child of the said of the last surviving annuiElizabeth, the said testator's said sister, to wit, tant, only one "the lessor of the Plaintiff, Elizabeth Mathews, tor's sister "then living, but there was issue of several of the Elizabeth (to wit, lessor of other children of the said Elizabeth testator's Plaintiff), "sister then living. "That on the death of the said Pooley Moly- of several of the other chil"neux, the said Lemuel Shuldham entered into dren of said living, but there was issue June 3, 5, 1818. DEVISE. 66 66 April 25, 28, possession of the said lands, tenements, hereditaJuly 8, 1817; «ments, and premises in the ejectment in this cause mentioned, and continued in possession "thereof till his death, and that upon his death Elizabeth then" the said Pooley Shuldham entered into possession living. "of the said lands, tenements, hereditaments, and premises, and continued in possession thereof till Shuldham be- "his death, and that thereupon the said Defendant came posses-John Brady Shuldham entered into possession of deathhiseldest" the said lands, tenements, hereditaments, and son, Pooley Shuldham, premises, and is now in possession thereof. On the death of testator, Lemuel sed; on his entered into possession; on the death of Pooley Shuldham, the Plaintiff in error entered into and is now in possession. Judgment of Exchequer in sor of Plain 66 66 66 66 That the said Lemuel Shuldham, Pooley Shuldham, and the Defendant John Brady Shuldham, whilst respectively in possession of the said "lands, paid the annuities in the said will men"tioned, pursuant to the trusts in said will to the "several annuitants to the year 1809, when the "surviving annuitant died." The special verdict having come on to be argued, favour of les- the Court, in Trinity Term 1811, pronounced tiff in eject- judgment that the lessor of the Plaintiff in the ment, as to ejectment should recover her term against the Dedivided parts fendant, of and in two sixth parts undivided, of of the pre- and in the said premises, in the declaration mentioned. two sixth un mises. Against this judgment each of the parties brought a writ of error in the Court of Exchequer Chamber: Shuldham, the heir at law, conceiving that Mrs. Mathews, the lessor of the Plaintiff, ought to have recovered nothing; and Mrs. Mathews conceiving that, instead of two-sixths, she ought to have recovered the whole. The judgment having, in T. T. Kelly, April 25, 28, July 8, 1817; with June 3, 5, DEVISE. Bryan Kelly, and that the said Elizabeth her daughter, intermarried in the year "William Hewetson; and that the said Elizabeth 1818. "Hewetson, otherwise Kelly, died after the time "of the making of the said will, but previous to "the said testator's death, to wit, in the year 1768, leaving children by her said husband, namely, Brimsley Hewetson, who is since dead, leaving "issue still living, Catherine Hewetson, otherwise Nicholson, who is also dead, leaving issue still living; and Abigail Hewetson, otherwise Jackson, "who is also deceased, leaving issue still living; " and that the said last-mentioned Catherine Kelly, " in the year intermarried with John Mew 66 66 kins, and after his death with James Smith; "and that the said last-mentioned Catherine Kelly "died after the testator, to wit, in the year 1778, leaving children by her said two husbands, some "of whom left issue, who are still living. second husband, Shuld "That the said Elizabeth, the sister of the said Issue by her Pooley Molyneux, had issue by Samuel Shuld"ham her second husband, three children, namely, ham. "Lemuel Shuldham, Molyneux Shuldham, and "Rebecca Shuldham; and that the said Molyneux "Shuldham died in the year 1798, unmarried "and without issue, and that the said Rebecca "Shuldham died in the year 1785, unmarried and "without issue, and that the said Lemuel Shuld ham, the son of the said Elizabeth, died in the "month of October, in the year of our Lord 1775, leaving lawful issue, Elizabeth Shuldham his "eldest daughter, Pooley Shuldham his eldest son, "and the said Eleanor Shuldham his third child, April 25, 28, "who died in his the said Lemuel's life-time; and July 8, 1817; that the said Elizabeth, daughter of the said June'3, 5, 1818. DEVISE. Issue by her Butler. 66 "Lemuel Shuldham, intermarried in the year 1771, "with Folliott Warren, and had by him several children, some of whom are now living, and that "the said Pooley Shuldham died in the year 1793, "leaving John Brady Shuldham the Defendant, "his eldest son and heir at law, and several other children, and the said John Brady Shuldham is "also heir at law of the said Pooley Molyneux, of "the said Elizabeth Molyneux, otherwise Butler, "of the said Dorothy Molyneux, of the said Le"muel Shuldham, Rebecca Shuldham, and Pooley "Shuldham. "That the said Elizabeth, the sister of the said third husband," testator Pooley Molyneux, did, after the death of "her second husband Samuel Shuldham, inter"marry with Buckley Butler, and that she, the said Elizabeth, had by the said Buckley Butler issue, two daughters, namely, Sarah Butler and "Elizabeth Butler; and that the said Sarah died "in the year 1802, without issue, and that the "said Elizabeth, the daughter of the said Elizabeth and Buckley Butler, married in the year "1755 with William Robinson, who died in the year 1758, by whom she had issue, one son, Wil"liam Robinson, who is living; and that the said "Elizabeth Robinson, after the death of the said "William Robinson her husband, that is to say, "in the year 1764, intermarried with Samuel Ma thews, by whom she had issue, several children "now living, and that the said Samuel Mathews "died in the vear 185; and that the said Elizabeth |