TILLY v. TILLY. 437

by Nicholas Brewer, their next friend, against Lucretia Titty and
$arah Tilly. The bill states that Richard Higgins, on the 11th day
of November, 1807, made his last will and testament, by which,
so far as relates to this case, he devised as follows:

'I give and bequeath unto my son Joshua Clarke Higgins and
his heirs, forever, all that plantation whereon I now live, called and
known by the name of Part of White Hall, and What you Will,
except one hundred and fifty acres thereof, to be laid off at the
discretion of the said Joshua Clarke Higgins, which said one hun-
dred and fifty acres3 including the house where John O'Hara lives,
I give and bequeath to my said son5 in trust to and for the separate
use of my daughter Elizabeth Tilly for and during her natural life,
and to and for the maintenance of the children of the said Eliza-
beth Tilly, until they arrive at the age of tweny-one, remainder to
the said Joshua Clarke Higgins and his heirs for ever. If my said
son Joshua Clarke Higgins shall purchase the plantation whereon
Jasper Edward Tilly now lives for the use of my daughter Eliza-
beth for and during her natural life, and to and for the use of her
children until they shall respectively arrive at the age of twenty-
one, then the said one hundred and fifty acres to be the property of
the said Joshua Clarke Higgins and his heirs for ever.'

And then, after some other devises and bequests, the testator fur-
ther says,c It is my will, that the whole of my real and personal estate
shall remain undivided, and undisturbed for and during the space of
five years from the first day of April next, subject to the control and
direction of my son Joshua Clarke Higgins, and in his possession,
the proceeds to be applied to the payment of my just debts; and if
there should be any surplus, the same to belong to, and be the
property of my son Joshua Clarke Higgins for his care and trouble.'
And then, after one other disposition, the testator, in conclusion,
says, 'I do hereby constitute and appoint my son Joshua Clarke
Higgins to be the executor of this my last will and testament.'
This will was duly attested by three witnesses, and proved in the
Orphans Court of Anne Arundel county on the 22d day of Decem-
ber, 1807.

The bill further stated, that Joshua C. Higgins had departed this
life; that Jasper E. Tilly had been appointed trustee for the bene-
fit of the said Elizabeth and her children; that the said Jasper E.
Tilly and Elizabeth Tilly were both dead, leaving these parties her
children, all of whom were then under age; that Nicholas Brewer
had been appointed trustee for them, and had taken upon himself
56 v.2