[In the] House of Lords. Constantine Phipps, Esq; claiming as heir at law of the Right Honourable James Earl of Anglesey, deceased, - - appellant. The Right Honourable Richard Earl of Anglesey, one of the devisees in the wills and codicils of the said James Earl of Anglesey, deceased, who died about 50 years since; Dame Mary Levynge, otherwise Annesley, the widow, executrix, and devisee, of Charles Annesley, Esq; who was the only son and heir of Charles Annesley, Esq; deceased, another devisee in the said wills and codicils; Mark Whyte, gentleman, an incumbrancer on the estates of the said Charles Annesley the son; and Charles Coote, an infant, by his mother and guardian, eldest son and heir at law of Charles Coote, Esq; who was the only son and heir of Thomas Coote, Esq; his late father, deceased, who was the surviving trustee named in the said wills and codicils of the said James Earl of Anglesey,- - - - - - respondents. Upon an appeal from an order of dismission, of the Court of Exchequer in Ireland, made 20th June 1749. The case of the respondent, Richard Earl of Anglesey