Newport contra Kinaston, 27 Car. 2. fo. 517.

THe Point in difference arising upon the Will of the Lady Katherine Le∣veson,* the Question being, Whether 500 l. mentioned in her Will be thereby devised to Mrs. Katherine Newport, or Mrs. Snead, who were both her Grand-daughters, it being thus exprest in the said Will, viz. To my Kinswoman the Lady Diana New∣port, Wife to my Lord Newport, I be∣queath my Diamond Pendants which cost 400 l. and to her Daughter Mrs. Katherine Newport my God-daughter, a Jewel set with Diamonds, wishing her all happiness, and 500 l. to my God daughter Mrs. Ka∣therine Snead, I give and bequeath a Page  111Diamond Bodkin and an Emrod Border; I also give her as a Token of my Love to her self, a power to alter or add to her said Will, and by a Codicil annexed to her Will, and made part thereof: And after a Legacy given to Mr. Richard New∣port of 400 l. in Gold, it follows thus; viz. Also I give unto his Sister Mrs. Ka∣therine Newport my God-daughter 500 l. in Silver: And after two other Legacies intervening it is thus exprest; viz. Also I give unto my God daughter Katherine Snead 100 l. more than I have given her in my Will; by which said Will and Codicil the said Mrs. Katherine Newport doth conceive, that there is two 500 l.* devised unto her, 500 l. by her Will, and 500 l. in Silver by the Codicil, and the Executors scruple to pay the same, for that the said Mrs. Katherine Snead doth claim the said 500 l. given by the Will to belong unto her, so that Mrs. Katherine Newport seeks to have the two 500 ls. by the Will and Codicil.

But Mrs. Snead insists, That the 500 l. given by the Will, as aforesaid, belongs to her, and is so intended, and not to Mrs. Newport, by the most Grammatical and reasonable Construction of the Will and Codicil.

This Court upon Reading of the said Will, was fully satisfied both by Con∣struction of the said Will, and by the Intention of the said Lady Leveson, that both the 500 l. given by the said Will, and the 500 l. given by the Codicil, were given and do belong to the said Mrs. Newport, and decreed the said Executors to pay her the 1000 l. accordingly.