272 CONTEE v. DAWSON.

it, and my dear Eleanor Lee receives an equal 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 grandaughter
Eleanor Lee is now married to William Dawson, Esq. I hereby
confirm the above codicil in favour of Eleanor Lee, now Dawson.'
After the death of the testatrix Ann Russell, 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
Dawson and Clerk, for the purposes of the trust. After which Ro-
bert 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. After which Marga-
ret Russell Clerk, whose surname, with that of her husband and
children, had been changed, by an act of the general assembly of
Maryland, to Clerklee, (f) 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 bears
date on the 15th of September, 1817, and from another written by
William Dawson to James Clerklee, on the 9th of July, 1818, was
written some time about the close of the year 1817. In this letter,
without date, after explaining her motives for having the legacy
transferred to and invested in this country, she says, 'I therefore,
with my daughters Ann, who is of age, Eleanor, Caroline, and
Elizabeth, who are of an age capable of judging what is for their
advantage, all having an interest in this legacy, unite, by their sig-
natures, in this my request, as does Mr. Clerklee, in behalf of our
two youngest children; and we therefore sincerely hope you will
no longer delay complying with our request,'

What were the exact ages of Eleanor, Caroline and Elizabeth
when they signed this letter does not appear; but it is stated in
the bill, and admitted by the answer of Elizabeth, that she was, on
the 15th of November, 1824, when the bill was filed, then a

(f) 1803, ch. 69.