two  old  leases,  the  same  appearing  to  be  in  its  nature  a  boon  or
service  (k).
An  exception  was  taken  by  the  defendants  to  the  report,  for
that  the  said  master  had  by  his  report  certified,  that  he  conceived
that  the  five  several  leases  therein  mentioned  by  the  numbers  11^
IS,  13,  14,  and  15  were  valid  leases,  and  warranted  by  the  power,
whereas  the  defendants  insisted  that  he  ought  to  have  certified
that  the  said  five  leases  were  not  valid  leases.
His  Lordship  held  the  said  defendants  said  exception  to  be
good  and  sufficient,  and  therefore  ordered  that  the  same  should
stand,  and  be  allowed.  According  to  Lord  Mansfield's  note  of
this  case,  the  Chancellor  took  some  days  to  consider ;  and  declared
he  was  clear  upon  the  argument,  but  took  time,  because  there
was  no  case  in  point.  The  more  he  thought  of  it,  the  more  he
was  convinced.  The  principle  he  rested  upon  was,  that  the  estate
must  come  to  the  remainder- man  in  as  leneficicd  a  manner  as
ancient  owners  held  it  ^/^.
Upon  the  special  matter  of  the  said  report  relating  to  the  several
new  leases  from  No.  16  to  No.  24,  inclusive,  his  Lordship  de-
clared, that  all  the  said  leases  were  not  warranted  by  the  power,
and  therefore  void..
(k)  ThQnine  leases  were  held  to  be  invalid.
(0  1  Burr.  122.
INDEX.
A,


CCEPTANCE.     Sec  Feoffment.     Rent*  v.sc«-

ACCIDENT.     See  Defective  Execution.
ADVANCEMENT,

whether  it  operate  to  give  the  child's  share  in  default  of
appointment  to  the  parent  or  to  the  other  objects,  qu.  4(57

See  Illusory  Appointment.
AGREEMENT,

before  marriage,  that  the  wife  may  appoint  her  own  estate,
valid         -----         133
See  Defective  Execution.
