chancery report lewis contra lewis all car foe trust of a term devise to I S  and then to I d to be dispose of as the testator shall appoint by his will or  write he make a write and declare it to himself for life and after to such  person as he shall by will or deed appoint and for default of that to his  executor and make no other will or deed the executor shall have it this be on  a case state videlicet that the Lord saint John and his trustee demise a lease  on the premise for ninetynine year unto the defendant turner if the plaintiff  Alice then wife of dr William Lewis and Theodore Lewis son of the say dr Lewis  and on fielder or either of they shall so long live that this lease be make at  the nomination of and in trust for the say dr Lewis that after in July the  doctor make his will and as to the premise devise they to the say Alice for  life and after her death then to the say Theodore Lewis to be dispose of as  the say doctor shall appoint they by his will in write or deed and of his will  make the say Alice his executrix that in march by a declaration in write to  which the say doctor and the defendant turner be party and execute by they  both the trust of the premise be thus declare videlicet for the say doctor for  life afterward for such person or person as the say doctor by his will or deed  shall appoint and in default then for the executor or administrator of the say  doctor that in July the doctor die without make any other will or deed or  other chancery report appointment for the dispose of the premise that Alice by  virtue of the say will and deed enter and possess the premise that it appear  also in the case some proof be offer touch a parole declaration of the say dr  Lewis his intention that his son Theodore shall have the benefit of the say  lease but that be by parole against a declaration in write the court conceive  it not material in the case and that it be also in the case that the say  Theodore claim so much of the term as shall be behind at the death of the say  Alice and that the say Alice claim the whole term as executrix to the say dr  Lewis the court at the first hear be assist with Mr justice atkins who incline  to be of opinion for the say Theodore and that the say defendant turner the  trustee ought to execute the trust for he but his lordship differ in opinion  and have since advice upon the case with Mr justice Windham and several other  of the judge who be all clear of opinion that accord to the declaration in  write the plaintiff Alice the executrix be well entitle to the benefit of the  say lease chancery report this court therefore do decree that turner the  trustee do execute the trust and convey and assign the say lease and the  remainder of the term therein to the plaintiff Alice or who she shall appoint