in about four years afterwards intermarried with Robert M. Steel, late of said city, merchant, deceased, whose widow she was when she married your orator R. B., of said city, in April, 1826. That said C. W. in his lifetime had but two other children by the mother of your oratrix aforesaid, that is to sayThomas W. and Samuel W., since deceased before his father. That from about one or two years after the time said C. W. intermarried with Lydia, until they, the said Thomas and Samuel, arrived at the age of twenty-one years, they, the said Thomas and Samuel, resided with another person than their father, earning their own support. And your orator and oratrix charge, that from the time that said C. W. intermarried with said Lydia until his death, he was subjected to very little expense for the maintenance of either of his children by the mother of your said oratrix, except the expense of your said oratrix until her marriage with said Robert M. Steel as aforesaid.

And your orator and oratrix further show unto your honour, that at the time the said C. W. was married to the said Lydia, although he had sustained some losses in business, he was possessed of considerable property, and that subsequent to his said marriage in his lifetime, he kept a dry goods store in the city of New York, and conducted said business with ability and success.

[The bill then stated the seisin by C. White of a house and lot of ground No. 76 Bowery, subject to a mortgage to R. M. Steel, the foreclosure of such mortgage, sale of the premises, and surplus in court of $4581 24-an order of court to pay L. White the income, with liberty for any one to apply by bill or otherwise to assert a claim to the principal. It also stated that C. W. was seized of a house in Madison-street, subject to a mortgage which had been foreclosed, and that there remained a surplus after paying the mortgage of $794 56, which had been paid over to said L. W., and that she had also received $480, out of certain moneys awarded by the corporation for a part of the mortgaged premises taken on opening Madison-street.] The bill then proceeded.

And your orator and oratrix further show unto your honour, that they were made parties to the said suit of the said Jamison Cox, but did not appear thereto, and suffered the bill filed therein to be taken pro confesso against them, the said last mentioned bill disclosing nothing, as they respectively understood, by which it appeared that the said Lydia White was entitled to any more than a life interest in any surplus moneys arising from the sale of said last mentioned mortgaged premises, which might remain, after paying off said last mentioned mortgage, with interest and costs, and they having no objection to make to said last mentioned mortgage, and acting without counsel in the matter.

And your orator and oratrix further show and allege, that they fully believe, and they charge the truth to be, that the said Charles White died as aforesaid possessed of a considerable personal estate, and in amount far exceeding the amount of the debts due by him, excluding the said mortgage debts, and irrespective of the pretended and fictitious claim of the said Lydia White upon his estate hereinafter mentioned. And they allege and charge, that although six months from and after the said time when the said Lydia White took upon herself the burthen of executing the said will of the said C. W., deceased as aforesaid, have long since elapsed, yet that the said Lydia has never made or,

caused to be made, an inventory of the goods, chattels, and credits of said C. W. at the time of his death, and caused the same to be indented and delivered, one part thereof to the surrogate of the city and county of New-York, upon the oath of the said Lydia White, or otherwise, according to the requisitions of the statute, in such case made and provided, as it was the duty of the said Lydia to have done. Nor has the said Lydia ever communicated, or offered to communicate the particulars of the said personal estate, to your orator or oratrix, or either of them: whereby, inasmuch as your said oratrix has never been qualified to act as the executrix of said will of said C. W., neither your orator or oratrix is able to state the amount and particulars of said personal estate: and more especially, since, by reason of said Lydia White having taking upon herself the trust of executing said will of said C. W., as aforesaid, and received letters testamentary from said surrogate for that purpose, all the books, vouchers, papers, and evidences of debt, and all the personal estate belonging to the said C. W. at the time of his death, have passed into the hand of the said Lydia White. And your orator and oratrix allege, that they have no means of ascertaining the particulars and amount of said last mentioned personal estate, except from a discovery thereof, to be made by her, the said Lydia White.

And your orator and oratrix further show unto your honour, that they have understood and believe, and they charge the truth to be, that the said James Cockroft, the former husband of said Lydia, was, in the course of his intermarriage with her, seized in fee in his own right of all the lands and real estate mentioned in the aforesaid paper writing, and was also seized in the course of his said intermarriage with said Lydia, of certain other lands of small value; the location and particulars of which last mentioned lands of small value, your said orator and oratrix have not learned ; and in which said other lands the said Lydia, by her said intermarriage with her said first husband, came to have and be entitled to a right of dower: that said Lydia, when she married her said first husband, had none or very little property; and that she never subsequently received or became entitled to any property except from and by means of her said first husband's real estate aforesaid, as hereinafter mentioned. That said first husband of said Lydia was, in the course of his said intermarriage with her, a merchant, in active business as such, in the city of New-York, either alone or in partnership with another or others or both. That a short time before his decease he became insolvent, or was declared a bankrupt, owing a considerably greater amount than all his estate, real and personal: and that a considerable part of his said debts have never been paid or satisfied. That all his real estate aforesaid, either under the former bankrupt law of the United States, or by an order or orders of the surrogates of the respective counties where the same was situated, or by some other process of law, or by private sale, was sold for the payment of his debts, and large sums of money paid or agreed to be paid therefor, on such sales thereof. That all the lands and real estate last aforesaid were purchased or bid in on such sales thereof, by said Charles White, principally, and by another or others of the friends of said Lydia, who paid, advanced or secured the consideration money therefor, and took a deed or deeds therefor in his or their names respectively, or in the name of said

Lydia, and by her assent and at her request and for her benefit, subject to the repayment of the consideration money therefor on such sales thereof, or she the said Lydia agreeing that such consideration money and interest and compensation for the service should be so repaid out of the rents thereof, or the proceeds of the subsequent resales thereof, upon the anticipated increased value of the same, or out of the money made or which might be made by the like purchasing and reselling, at an increased price, of other of said lands of her said first husband, or out of the proceeds of the sale of the dower of said Lydia therein, or in some part thereof.

And your orator and oratrix further show unto your honour, that after applying to such repayment of said consideration money and the interest thereupon, and a reasonable compensation for so purchasing or bidding in for the benefit of said Lydia, said lands and real estate mentioned in said paper writing, and for paying, advancing or securing the consideration money therefor on such sales thereof, all moneys derived or obtained from so purchasing and reselling at an increased price any other lands of the said first husband of said Lydia, or for the sale of said Lydia's dower therein, or in any part thereof, which came to the hands of said Charles White, and of any other of said Lydia's friends acting in said purchases for her benefit, either before or after the marriage of said C. W. with said Lydia, the said lands and real estate mentioned in said paper writing were still, at the said date and signing and sealing of the same paper writing, justly and equitably chargeable and encumbered with large. sums of money for such repayment of the said consideration money therefor arising on such sales thereof, for the payment of said debts of the said first husband of said Lydia as aforesaid, and the interest thereupon, and for making such reasonable compensation as aforesaid. And your orator and oratrix charge, that there were then divers mortgages upon divers parts of said last mentioned lands and real estate for that and other objects, for large amounts which were valid liens in the law upon the same respectively, and remained so until said marriage of said C. W. with said Lydia; and that divers valid mortgages for large amounts, were executed and given upon divers parts of the same premises for the same object and for other objects, exclusively for the benefit of the said Lydia White, intermediate the date and siguing and scaling of said paper writing, and the said marriage of the said C. W. with the said Lydia, which were and remained valid liens upon the same respectively, when said last mentioned marriage took place: and that subsequently to said intermarriage between said C. W. and said Lydia, divers valid mortgages for considerable amounts upon divers parts of the same premises were also executed and given to raise money for the same object aforesaid, and for other objects exclusively of said Lydia; and all the moneys raised by said mortgages last aforesaid were appropriated to such repayment of said consideration money and interest, and to make said compensation or paid over to said Lydia White personally, or to said William George, for her benefit, or otherwise paid and expended for her benefit: all of which last mentioned mortgages were so executed, and all the moneys raised thereby were so appropriated, paid and expended according to the written authority and appointment and direction of said Lydia, signed by her in the presence of two credible witnesses. And your orator and oratrix further charge

in particular, that at the time of said intermarriage between said Charles White and said Lydia, said house and lot of land mentioned in said paper writing, and therein stated to be bounded in front by Water-street, and on one side by Maiden-lane, in the city of New-York, was heavily mortgaged and encumbered.

And your orator and oratrix further show unto your honour, that in the course of the said intermarriage of the said Charles White with the said Lydia, he did, and as your orator and oratrix expressly charge the truth to be, with the assent and concurrence, and at the request of the said Lydia and the said William George, take the principal care and management of the said lands and real estate mentioned in said paper writing, and effect sales of some parts of the same which were sold, and join with the said Lydia and said William George, or with said Lydia, in the deeds conveying the said parts of portions thereof which were so sold, and take some mortgages for parts of the purchase moneys thereof in his own name, and received divers sums of money paid on such sales last mentioned, and in satisfaction of such mortgages, and for rents of certain other portions of said premises which were not so sold, and give his receipts for the same. And your orator and oratrix expressly charge, that in the course of the said last mentioned intermarriage, said Charles White did, with the consent and assent, and at the request of said Lydia and said William George, pay and expend a large proportion of the moneys so received by him as last aforesaid, in refunding and repaying the said consideration money given for said lands and real estate mentioned in said paper writing, when the same were sold as aforesaid for the payment of the debts of the said first husband of said Lydia, and the interest thereupon, and in making said compensation for so bidding the same in or purchasing the same for the benefit of said Lydia as aforesaid; and did, with the like concurrence and assent, and at the like request of said Lydia and said William George, pay and expend another considerable proportion of the moneys so received by him as last aforesaid, in paying off and discharging the mortgages aforesaid upon the last mentioned lands and real estate, or parts thereof, existing and unsatisfied at the time of his said marriage with said Lydia as aforesaid, and the interest thereupon, and the aforesaid mortgage in particular, upon said house and lot fronting on Water-street, in the city of New-York, existing at the time of his said marriage with said. Lydia, and the interest due thereupon, and in improving said lands and real estate and erecting buildings thereon; and did, with the like concurrence and assent, and at the like request of said Lydia and said William George, pay and expend another considerable proportion of the moneys so received by him as last aforesaid, in the maintenance and education as a physician, in the studies preparatory thereto, of the said James Cockroft, the son of said Lydia, and did, with the like concurrence and assent, and at the like request of said Lydia and said William George, pay and expend some of said moneys so received by him as last aforesaid, in furnishing and supplying to said Lydia many elegancies and enjoyments of living, of which she would otherwise have been deprived. And your orator and oratrix further charge the truth to be, that of said last mentioned moneys so received by him, the said Charles White, as last aforesaid, he did, in the course of his said married life with said Lydia, with her concurrence

and assent, and at her request, pay over considerable sums to the said William George in his lifetime, (he being now deceased,) and to his executor the said James Cockroft, the son of said Lydia, after the decease of said William George, and did also pay over to the said Lydia personally, other considerable sums thereof, the receipts for which sums so paid over by said Charles White have all passed into the hands of said Lydia as executrix, as aforesaid, of said Charles White, as have all the receipts taken by said Charles White for the payment and expenses aforesaid by him out of the said moneys so received by him, as last aforesaid, so that your oratrix and orator cannot specify more particularly the payments and expenses aforesaid by the said Charles White. And your orator and oratrix further charge that all the moneys received by him, the said Charles White, as last aforesaid, were received by him in consonance with an authority in writing, under the hand and seal of said William George, or of his executor, given to him the said Charles White, to receive the same; and that all the payments and expenditures aforesaid, by him the said Charles White, out of the moneys received by him as last aforesaid, except such of said payments as were made to said Lydia in person, were made in consonance with a direction or appointment in writing by said Lydia, signed with her hand in the presence of two credible witnesses; and your orator and oratrix further charge, that said Charles White, during his said marriage with said Lydia, did no act or thing in relation to said lands and real estate mentioned in said paper writing, without the assent and concurrence of said Lydia; and further, that said paper writing, signed and sealed as aforesaid, was never, in fact, delivered by the said Charles White previous to his said marriage with said Lydia, so as to be a valid and subsisting ante-nuptial contract of said Charles White at the time said last mentioned marriage took place. And your orator and oratrix further show and charge, that the labours and services of the said Charles White, in relation to said lands and real estate, during his said marriage with said Lydia, were worth the sum of five hundred dollars a year. And your orator and oratrix further allege and charge, that said payment and expenditures by said Charles White, out of said moneys so received by him, as last aforesaid, including what he was fairly entitled to as a compensation for his services and exertions in relation to said lands and real estate last aforesaid, during his said marriage with said Lydia, considered in the light of an agent, amount to as much as said moneys so received by him as last aforesaid; and that at the time of his death the said Lydia had no just and equitable claim against him by reason of any act, matter or thing done or omitted by him in relation to said last mentioned lands and real estate, or the rents, interest or income thereof, during his said marriage with said Lydia, to any amount whatsoever. And that after the payment of all the just debts due by said Charles White at the time of his death, and after deducting all just charges for settling his estate, the clear estate left by him at his decease, to be enjoyed and distributed according to the provisions and true intent and meaning of his said will, is of equal and much greater amount than the said sum of money deposited with the clerk of this court as aforesaid, and invested by said clerk as before mentioned. And your orator and oratrix charge, that the value of the said last mentioned lands