By  the  indenture  so  referred  to  in  the  will  of  Caroline  Abdy,  and
dated  the  7th  of  April,  1838,  it  was  agreed  and  declared  that  the  here-
ditaments and  premises  thereby  appointed  should  from  and  after  the
decease  and  failure  of  issue  of  Caroline  Abdy  (but  subject  to  the
prior  uses  and  estates  therein  mentioned),  go,  remain  and  be  to  the
use  of  James  Mills  and  his  assigns  during  his  life,  and  aftef  his  decease
to  the  use  of  his  issue  in  tail  as  therein  mentioned,  and  in  default  of
such  issue  to  the  use  of  Christopher  John  Mills  for  his  life,  and  after
his  decease  to  the  use  of  the  plaintiff  William  John  Rous  for  life,,  and
after  his  decease  to  the  use  of  his  first  and  other  sons  in  tail  male,  with
divers  remainders  over.
Caroline  Abdy  died  on  the  4th  of  May,  1838,  without  ever  having
had  any  issue,  and  her  will  was  proved  by  her  husband  and  the  other
two  executors,  and  the  funds  then  subject  to  the  trusts  of  the  inden-
ture of  the  12th  of  July,  18(X),  were  transferred  into  the  names  of  the
said  Thomas  Mills  and  Charles  Druce.
John  Abdy  died  on  the  1st  of  April,  1840,  having  by  his  will  given
all  the  residue  of  his  personal  estate  and  effects  to  Thomas  Abdy  for
his  own  use  and  benefit,  who  died  on  the  20th  of  July,  1877,  having  by
his  will  appointed  the  defendants  Cartmell  Harrison  and  James  Crofts
Ingram  executors  thereof.
Christopher  John  Mills  died  on  the  4th  of  October,  1855.
James  Mills  died  on  the  18th  of  December,  1883,  without  ever  hav-
ing had  any  issue.  James  Mills  and  the  plaintiff  were  both  born  sub-
sequently to  the  execution  of  the  indenture  of  the  12th  of  July,  1800.
