brown case lord paget et ux appellant duke OF Bridgewater and another  respondent that march Mews dig xv a devise to her daughter e my strong box and  whatsoever be in it and all my chest and cabinet and whatsoever be in they  this strong box be fix upon a frame contain several drawer and in these drawer  be find bank note and other thing of value hold that the frame and drawer do  not pass by the devise of the strong box but on a appeal this decree be  reverse viner vol p can Eq ab can jane countess dowager of Bridgewater mother  of the appellant lady Elizabeth be possess of a considerable personal estate  consist among other thing of several share in bank stock SouthSea stock and  India stock and also of several annuity Payable at the exchequer which the  countess have at several time purchase in the name of the respondent pierce  and for which he have give to her several note or declaration of trust  videlicet one date the that of march whereby he promise to transfer to the  countess pound bank stock at demand and to be Accountable for all dividend  thereon until such transfer one other date the d of June whereby he promise to  assign to her or her order a annuity of pound per and issue out of the  exchequer for ninetynine year another annuity of pound per and buy of William  Lancaster and another like annuity of pound per and one other note date the  that of march whereby he promise to transfer to the countess or her order  pound SouthSea stock pound bank stock and pound India stock and to be  Accountable for all dividend until such transfer on the back of which last  note be endorse a memorandum sign by the countess that the respondent pierce  have transfer to Mr Charles Egerton pound part of the pound SouthSea stock the  countess have a power by the will of John earl of Bridgewater her husband to  distribute a considerable part of his real and personal estate among her child  do by deed execute in her lifetime make a distribution thereof and thereby  limit and appoint pound to the appellant lady Elizabeth over and above another  sum of pound which she be entitle to for her portion under a settlement make  by the earl in his lifetime and as a further provision for her the countess  also settle and convey her house at saint James of the clear yearly value of  pound to the say appellant lady Elizabeth for her life after the countess  death the countess be for several year before her death possess of a strong  box with some drawer in it where she usual keep her jewel and other thing of  great value and which general stand upon a table in her bedchamber but be of  small dimension and easy remove she some year before her death brown cause a  frame or table to be make to fix this strong box upon and secure the same with  screw and for the conveniency of have other repository in her bedchamber she  order several drawer to be make in such frame or table which be distinct and  separate from the strong box keep under different lock and key and make use of  for different purpose and when she have occasion to send her servant thereto  she general describe they by the drawer under my strong box the countess be  also possess of some cabinet and India chest which stand in other room of her  house at saint James on the that of August the countess make her will and  thereby give to her son William Egerton pound to her son Henry pound to her  son Charles pound and to her daughter lady Elizabeth Egerton the appellant  pound to be pay within a year after her death she also give to the lady  Elizabeth her gold cup and all her brown er p jewel and then follow a bequest  in these word videlicet I do give my say daughter the lady Elizabeth Egerton  my gold pouling watch and seal at it and my gold twey my strong box and  whatsoever be in it all my chest and cabinet and whatsoever be in they not  otherwise dispose of by this my will the testatrix also give to the lady  Elizabeth all the furniture in her best bedchamber at London and the picture  and furniture in her best closet and all her china dress and chamber plate and  the rest of her plate and household linen she give to be equal divide between  her young son William Henry and Charles and her daughter the lady Elizabeth  and after give some other specific and pecuniary legacy she give the residue  of her real and personal estate to her old son the respondent the duke his  heir executor and assign and make he sole executor of her will the countess  afterward make two codicil to her will and thereby give several other specific  legacy to the lady Elizabeth and on the d of may die possess of a very great  personal estate beside what she give away in legacy which the duke as executor  possess himself of the appellant lady Elizabeth be thus entitle to the strong  box chest and cabinet and whatsoever be in they at the countess death soon  afterward apply to the respondent the duke to have they deliver to her but he  insist that as executor he have a right to see what be in they require the  same to be open which be accord do and in the strong box or the drawer thereof  be find the say several note or declaration of the respondent pierce together  with a bank note and three exchequer note of pound each and some gold and  silver coin upon which the duke be please to cause a memorandum to be take of  the say note or declaration and after have take some time to consider and  advice upon the same permit the strong box and the drawer affix thereto  together with the say note or declaration and the other note and thing find  therein to be deliver to the appellant lady Elizabeth brown in consequence  whereof she soon afterward apply to the respondent pierce to transfer and  assign the say stock and annuity and the money due thereon to her or as she  shall direct but he refuse so to do and therefore in Michaelmas term the  appellant lady Elizabeth bring her bill to the court of chancery against the  respondent to compel the respondent pierce to transfer and assign the say  stock and annuity to her and to account for and pay her all dividend from time  to time receive thereon to this bill the respondent put in their several  answer and the respondent the duke insist on his right to the note or  declaration of trust and to all the stock annuity dividend and money arise  therefrom as he be the residuary legatee of the countess will the appellant  afterward intermarry and the proceed in the cause be thereupon revive the  respondent the duke in Trinity term follow bring his cross bill against the  appellant and the respondent pierce claim the say stock and annuity and the  dividend and money due thereon and pray that pierce may transfer assign and  pay the same over to he and also that the appellant may discover what money or  other thing be find in the drawer affix to the strong box and that the same  may be pay and deliver to he both cause be at issue be hear on the that of  December before the Lord chancellor Macclesfield who be please to decree that  the original bill exhibit by the appellant the lady paget before her marriage  and afterward revive shall stand dismiss but without cost except as to the  respondent pierce who be to have his cost to be tax and in the cross cause it  be order and decree that the appellant shall deliver to the respondent the  duke the say note or declaration of trust and shall come to a account before  the master for the bank note exchequer bill money and other effect which be in  the drawer in the frame or table upon which the strong box stand except the  policy of insurance therein find as also for the thing and effect in a black  deal press at the time of the death of the say countess of Bridgewater and  which have come to the hand or possession of the appellant or either of they  for the better discovery whereof they be to be examine on interrogatory as the  master shall direct and it be further order that the appellant shall pay what  upon such account shall appear to be due from they to the respondent the duke  at such time and place as the master shall appoint and as to the say frame or  table and the drawer therein the same be then in the brown er p possession of  the appellant they be at liberty to keep the same the respondent the duke be  present in court and consent thereto and as between the respondent it be  further order that the respondent pierce shall transfer or assign to the  respondent the duke or to who he shall appoint the several stock and annuity  stand in his name and account before the master for what he have receive on  account of the annuity or for the dividend upon the stock and pay the same to  the respondent brown the duke at such time and place as the master shall  appoint and it be order that the master shall tax the appellant and the  respondent pierce their cost in the cross cause to the time of the hear which  be to be pay out of the countess of bridgewater estate but the consideration  of the future cost be reserve till after the master report the appellant  apprehend themselves aggrieve by this decree appeal from it and on their  behalf it be argue c Wearg W peer William that the decree be find upon a  presumption that the frame or table and the drawer therein be no part of the  strong box whereas it be in proof in the cause that this frame or table and  drawer be always look upon as part of the strong box and the whole as one  piece of work be fix together by screw so as not to be separate without first  unlock the strong box that the same be so fix together from the time of make  the say frame or table which be about two year before the date of the countess  will in and continue so till the time of her death and that the countess when  she have at any time occasion to mention the drawer in the say frame or table  always call they the drawer of her strong box that it also appear by the  evidence of the respondent pierce who be examine as a witness as well for the  respondent the duke as the appellant that the countess when in health usual  lock and unlock this strong box and drawer herself but when confine to her bed  she trust her woman to unlock the same and that the strong box and frame  constant stand in a corner of the bedchamber in view of the countess either  when in bed or confine to her chair by the fire from whence it be reasonable  to be presume that the note or declaration of trust and also the bank and  exchequer note be deposit in the drawer of the say frame by the countess  herself and that she have both box and frame so fix together constant before  her must have it in her view and intention by the devise of her strong box to  pass the frame table and drawer therein to the appellant lady paget as well as  the say strong box that if any doubt remain whether such be her intention yet  have devise all her chest and cabinet and whatsoever be in they to the  appellant lady paget the same ought to be take as a extensive devise and as  the duke be own witness have describe this frame or table with the drawer  therein to be a chest of drawer or a nest of drawer it be presume to be  nevertheless a chest though it have drawer in it and therefore do well pass to  the appellant lady paget and the rather because neither the say frame table or  drawer therein be otherwise dispose of by the will that although the note or  declaration of trust may be look upon as choose in action yet it can not be  doubt but that they may be bequeathe by express word and the bequest of  whatsoever be in her strong box chest and cabinet be the same as if every  particular and individual thing therein have be express bequeathe that these  note or declaration of trust be deposit by the countess with the bank and  exchequer note and the will and devise brown to the appellant lady paget be of  the countess own pen she evident intend to pass all the say note and all her  interest and property from thence arise to the appellant and this devise ought  the rather to have such a construction in a court of equity as it regard only  a personalty and be in favour of a child for who the countess ever express the  great affection on the other side it be contend p York c Talbot that the fix  of the strong box by screw to the frame or table do not make the same a part  of the strong box nor can what be in the drawer of the frame be say to be in  the strong box that this frame or table and the drawer therein be not in the  nature of a strong box nor any way proper to keep thing of value in or such as  be common keep in a strong box the lock of the drawer be slight and ordinary  and the back part of the frame make of thin slit board that the countess  constant distinguish the drawer in the frame from the strong box by the  appellation of the drawer under her strong box and she accord make use of they  for brown er p different purpose keep lose and disregard paper in some in  other her wear lace and thing of little value and in another of they her run  cash for clothes charity and other daily use that this frame or table separate  from the strong box be not in the nature of a chest or cabinet and though the  appellant by their answer to the cross bill have distinguish and ascertain  what chest and cabinet they claim yet they have not include the say frame or  table and drawer in it under either of those denomination that it be not  pretend that Mr pierce note or declaration of trust be ever keep in the strong  box either at the time when the countess make her will or at any other time  beside one of they bear date above two year after the will and even if they  have be in her box at her death yet the annuity and stock will not have pass  to the appellant lady paget by the general devise of the strong box and  whatsoever be in it since neither the annuity or stock can with any propriety  be say to be in the strong box but this general devise shall rather be intend  of such thing as be of the nature of those express devise before the devise of  the strong box that the countess make a very bountiful provision for the  appellant lady paget far exceed what she do for her other young child and  therefore there be no occasion to augment it by a strain construction to pass  the note and effect find in the drawer of the frame or table by the general  devise of the strong box chest and cabinet and whatsoever be in they after  hear counsel on this appeal on Monday the that of march a debate arise but be  adjourn to the next day and the lord be order to be summon on the that the  house be inform that there be a agreement between the party whereupon it be  order that the debate shall be further adjourn fill the morrow at twelve oh  clock and the lord to be summon and that one counsel of a side shall then  attend brown accord on the next day the counsel be call in Mr solicitorgeneral  on the part of the appellant acquaint the house that the party be come to a  agreement and that the same be put into write and sign as well by the duke of  Bridgewater as the Lord paget and Mr attorneygeneral on the part of the duke  likewise acquaint the house that his grace do consent to and have sign the say  write agreement the same be deliver in at the bar and be read by the clerk the  follow order be make after consideration have in relation to this matter it be  order and adjudge by the lord spiritual and temporal in parliament assemble  accord to the say write agreement that the decree of the court of chancery  make the that day of December complain of in the appeal of the say Lord paget  and Elizabeth lady paget his wife be and be hereby reverse and that the say  appellant shall have and enjoy to and for their own use and benefit the strong  box mention in the last will of the late countess of Bridgewater and the chest  of drawer to which the say strong box be affix and the pound bank stock  mention in a note or declaration of trust date the that day of march under the  hand of the respondent pierce whereby he promise to transfer to the say  countess pound bank stock at demand and to be Accountable for all dividend  thereon until such transfer and also that the say appellant shall have and  enjoy to and for their own use and benefit the several annuity issue out of  the exchequer for the residue of year which be mention or describe in one  other note or declaration of trust date the d day of June under the hand of  the say pierce and all dividend and yearly payment which become due or Payable  at any time since the decease of the say late countess for or in respect of  the say pound bank stock or of the say annuity or any or either of they which  say several note or declaration of trust be find in the say drawer or one of  they at the open thereof soon after the decease of the say countess and also  that the say appellant shall retain have and enjoy to and for their own use  and benefit one bank note for pound and three exchequer note for pound each  and all the gold and silver which be find in any of the drawer of the say  chest at the time of the open thereof as aforesaid and that the respondent or  one of they at the request and at the charge of say appellant shall transfer  and assign to the say appellant the say pound bank stock and the say several  annuity issue out of the exchequer and deliver to the say appellant the  several tally and order relate thereto and that the say respondent the duke of  Bridgewater shall have and enjoy to his own proper use and benefit as part of  the residuum of the personal estate of the say countess the several brown er p  stock specify in one other note or declaration of trust date the that day of  march and sign by the say pierce which be also find in one of the say drawer  at the open thereof as brown aforesaid except so much of the SouthSea stock of  pound therein mention as appear by a endorsement sign by the say countess on  the say note to have be transfer by the respondent pierce by her order  together with all dividend for or in respect of the say several stock mention  in the say note of the that of march which become due or Payable since the  death of the say countess and that the say last mention note or declaration of  trust be deliver by the appellant to the respondent the duke of Bridgewater  and that the respondent pierce shall have his cost in both the say cause to be  tax by the say court and be pay to he out of the residuum of the personal  estate of the say countess but as between the appellant and the respondent the  duke of Bridgewater there be to be no cost on either side and that if any  question shall hereafter arise between the say party touch the matter  aforesaid this judgement shall be carry into execution by the say court of  chancery jour Vol p