114 HIGH COURT OF CHANCERY.

him a larger share of his estate than his other grandchildren,
as he had clearly expressed his opinion to that effect. That by
so doing, the object of the deceased, which was to afford to his
grandson and wife a competent support from the use of the farm,
would have been defeated; and that the death of the wife,
which happened in January, l847, determined the right to a con-
veyance, if any existed. The promise to pay the debts above-
mentioned, they insisted, was made upon condition of the Said
Charles A. reforming his habits, alleged to be extravagant,
which had not been complied with; that if any such agreement
was made, it was satisfied by the provision (hereinafter des-
cribed) in the will of the deceased, for his grandson and his
wife and children; that, said property was intended by the tes-
tator to be disposed of by his will, and that the complainant by
electing to take there under, could no longer claim the same, in-
dependent of the will. The statute of frauds was also pleaded
in bar of the relief prayed. By the testator's will, all the residue
of his estate, after certain small legacies, was devised in trust
to P. G. Waters, to hold the income, interest, rents and profits
of one-third part of said residue, for the use of the complain
ant during his life, such income, &c., to be paid to him. from
time to time as they might accrue; and after his death to his
children in fee, and failing children, to the other two grand-
children of the testator, to whom the remaining two-thirds were
in like manner devised. It appeared from agreements of coun-
sel, that the property in dispute was purchased from Benjamin
Moore, on the 17th of February, 1846; that the whole estate of
the testator, including this property, was worth nearly $150,000,
and the property in dispute worth about $9000. A number of
letters were returned with the commission, and the depositions
of some witnesses were taken. The letters were written by the
testator to his grandson and to the lady whom he afterwards
married, in which he spoke of buying a farm and establishing
them upon it, and in one of them, speaking of his grandson's
debts, he said, "they must be paid." The ground taken in the
bill was, that the alleged contract was made in consideration of
the subsequent marriage, and was, therefore, for a valuable con-