4.  Settlement  was  made  by  Infant,  with  Confent  of  T'rujlees,  and  confirm-
ed by  Aft  of  Parliatnent,  by  which  a  Power  was  referved  of  charging  thofe
'hAuds  at  any  'Time  during  his  Life  with  ^ooo  I.  He  borrowed  3000 1.  of
J.  S.  and  having  executed  his  Power  while  an  Infant,  he  died foon  after  he
came  of  A^e.  His  Heir  brought  a  Bill  to  redeem  on  Payment  of  the
Principal  borrowed,  but  the  Court  decreed  a  Redemption  on  the  com-
mon Terms  of  Payment  of  Principal,  Intereft  and  Colls,  becaule  here
was  a  Power  given  him  to  raifeMoney  and  immediately  to  give  Security,
which  was  actually  done.  And  tho'  perhaps  had  he  been  of  Age  at  the
Time  he  lliould  have  been  obliged  to  keep  dozvn  thcPiitcrft  during  his  Life,
yet  being  an  Iniant  at  the  Time  intended  lor  executing  this  Power,  and
fo  not  capable  of  making  his  Perfon  liable  to  any  Part  of  the  Engagemenr,
the  Land  mull;  from  the  Necelfity  of  the  Thing  have  Itood  engaged  lor
Intereft  as  well  asPrincipal,  or  he  could  notduring  Infancy  have  railed  any
Money  at  all,  which  the  Nature  of  the  Tranfatlions  required.  Per  the

6  G  Maftcr


482


Powers.
2  Vern.  ;
S.  C.  by
Name  of
Hutton  V.
Simplbn.
See  (A.  14)

in  pi.  12.  —
Portions  (.1)
pi.  15.
I  Rep.  III.
cites  1  5  H.  7
I.
Mailer  of  the  Rolls.     Hill.  1731-  2  Wms's  Rep.  603.  cites  2  Salk.  538.
Killmurry  v.  Dr.  Gery.  But  2  Salk.  538.   has  no  State  ot  theCafe,

and  reports  it  Palch.  i2Ann3e.
5.  A.  by  Will  gives  his  perfonal  Eltate  tofuch  Ufes  as  htsU  ttc  pnll  dirett
with  Coi/fa/t  of  bis  T'nijlees;  a  Difpofition  by  his  Wile  is  not  good.  Chan.
Free.  452.  Mich,  1716.  Sympfon  v.  Hornsl)y.
