Upon the argument the attention of the counsel of both parties, was mainly directed to the validity of the trust declared by the will.

In this action the Court is confined to the question of the legal title, and it is not at liberty to express an opinion, in respect to the trust. It is clear, that, under the devise to u Thomas Atkinson and to his heirs and assigns, ” the defendant is entitled, to the legal estate in fee-simple. The addition of the words “ Bishop of North Carolina” has no legal effect, under the maxim, utile per inutile non vitiatur. There is no error.

Per Curiam. Judgment affirmed,