270 CONTEE v, DAWSON,

any thing in it, which can, in any respect whatever, take it out of
the general rule, which forbids the court from turning aside, from
the direct progress of the case, to attend to the introduction of
proofs in relation to any matter involved in a consideration of the
merits of the whole case, and which should remain open until the
final hearing.

It is, therefore, Ordered, that the order of the 27th of February
last, be discharged; and the petition of the complainants be dis-
missed with costs.

After which commissions were taken out, under which proofs
were collected and returned; and the case was brought on for a
final decision.

14£h April, 1829.—BLAND, Chancellor.—This case standing
ready for hearing, the solicitors of the parties were fully heard and
the proceedings read and considered.

Ann Russell, a resident of London, and a subject of the British
monarch, having a large estate and many descendants, some of
whom were natives and residents of England, and others residents
and citizens of the United States, on the 23d of January, 1796,
made her will, and some time after died; in which will is found,
among others, the following bequest:

'I give to William Dawson, of Wakefield, in the county of York,
and to my said grandson Robert Clerk, their executors, adminis-
trators and assigns, the sum of £1,500, upon trust, to invest the
same in their or his names or name, in the public stocks or funds,
or at interest upon parliamentary, government, or real securities.
And to stand possessed of the said last mentioned £1,500, or of
the stocks, funds, or securities in or upon which the same shall be
invested, upon trust, to pay and apply the interest and dividends
thereof unto and for the sole and separate use of my grandaughter
Margaret Russell Clerk, the wife of James Clerk, of Park Hall, in
the province of Maryland, in North America, during her natural
life. And for which interest and dividends the receipt of the said
* Margaret Russell Clerk, or of such person or persons as she shall
appoint to receive the same shall, notwithstanding her present, or
any future coverture, be good discharges. And from and after the
decease of the said Margaret Russell Clerk, then upon trust to
assign, transfer and pay the said last mentioned sum of £1,500,
or the stocks, funds, or securities in or upon which the same shall
be invested as aforesaid, unto all the children of my said grand-