256 COSTEE v. DAWSON.—2 BLAND.

ties in or upon which the same shall be invested as aforesaid, unto
my grandson John Clerk, for his own absolute use."

The testatrix in the same will had given a legacy to her grand-
daughter Eleanor Lee, who was a native, and then a resident of
England, and a subject of the British king; and as such incapable
of taking real estate in Maryland and Virginia by descent, from
several relatives from whom, but for her incapacity, in respect of
her alienage, she expected and might obtain a large amount of
property in common with her sisters who were citizens of the
United States. In reference to this state of things, and to make
some indemnity to her granddaughter Eleanor Lee, for any loss
she might thus sustain, the testatrix Ann Russell added the follow-
ing codicil to her will:

" Understanding that my granddaughters in America, viz: Mrs.
Sarah Contee. Miss Ann Lee, and Mrs. Margaret Russell Clerk,
intended to contest their sister Eleanor Lee's right to her share of
her grandfather's, grandmother's, father's and mother's lands and
and personal estate in Maryland and Virginia, I hope and trust
they are not so unnatural; if it prove so, I will and desire, that
every shilling I have left them in my said will, be paid my dear
Eleanor Lee, added to the legacy I have left her in my will, as a
compensation for what she loses by their cruelty; but if they do
not contest * it, and my dear Eleanor Lee receives an equal
272 share of all the lands and personals belonging to their
grandfather, grandmother, fathers and brothers, the legacy I have
left in my will to remain good." After which, on the 31st of
.January, 1797, the testatrix added the following words to the
codicil, "My granddaughter Eleanor Lee is now married to Wil-
liam Dawson, Esq. I hereby confirm the above codicil in favor of
Eleanor Lee, now Dawson."

After the death of the testatrix Ann liussell, her executors paid
this legacy, given to Margaret Russell Clerk and her children, to
the trustees William Dawson and Robert Clerk, by whom it was
invested in the public stocks of Great Britain, in the name of Daw-
son and Clerk, for the purposes of the trust. After which Robert
Clerk died, and Dawson became the sole surviving trustee. Some
time in the year 1816, Dawson removed to the United States, and
became a resident of Maryland. Al'ter which Margaret Russell
Clerk, whese surname, with that of her husband and children had
been changed, by an Act of the General Assembly of Maryland,
to Cierklee, 1803, ch. 69, became very anxious to have the legacy
given to her and her children transferred from the British funds to
this country, and invested in some stock here; where, as she be-
lieved, it would be equally safe, and much more productive and
convenient. Under that impression, she wrote a letter, without
date, marked as the defendant's exhibit G, to William Dawson,
which letter it may be inferred from one written by her which