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[31] Case 11.—Earl of Stamford, et Ux,—Appellants; Sir John Hobart,—Respondent [30th March 1710].
[Mew's Dig. xiv. 411. See Sackville West v. Viscount Holmesdale, 1870, L. R. 4 H. L. 548, 553.]
Viner, vol. 19. p. 360. ca. 4. Cited in Lord Glenorchy v. Bosville, Cases Temp. Lord Talbot, p. 8. 19.
Sir John Maynard, by his will, dated the 21st of March 1689, devised to his wife, afterwards Countess of Suffolk, his capital house and manor of Gunnersbury, and all his lands in the parishes of Ealing and Acton, in the county of Middlesex, for her life, to her own use; and the reversion thereof, together with the manors of Clifton, Hardmead, Burleon, and Beer, and all other his estate in England, he devised to his said wife, Richard Lord Gorge, and Maynard Colchester, Esq. and their heirs, upon the several trusts in his said will mentioned:—then follows this clause:
My will is, that my said trustees and their heirs, (after the death of my said wife,) convey the said manors of Clifton and Hardmead, to the use of, or in trust for Sir Henry Hobart and Elizabeth his wife, for their lives, and the life of the longer liver of them; the remainder to the first son of the said Elizabeth for ninety-nine years, if he shall so long live; the remainder to the heirs males of the body of such first son; the remainder to all and every the sons of the said Elizabeth for ninety-nine years, if every such son respectively shall so long live; the remainder to the heirs males of every of them, to take, not jointly, but successively, one after the other, according to the births of each of them; the sons to take the term of ninety-nine years, with immediate remainder to his said heirs males; the remainder thereof to Mary Maynard (now Countess of Stamford) for her life; the remainder thereof to all and every her sons, for such like term of ninety-nine years; and with remainder to the heirs males of the body of every such son, immediately after each term. And that the said manor and advowson of Beer, and the reversion of the said capital messuage and manor of Gunnersbury, and the manor of Burleon, shall be (by advice of counsel) conveyed to, or to the use of Mary Maynard (now Countess of Stamford) for life, without impeachment of waste, other than in houses; and after, the remainder to all and every her son and sons, for ninety-nine years, if such son shall so long live; with several [32] remainders to the heirs males of the body of every such son, they, and all the heirs males of their bodies, to take successively according to their age, and birth, and seniority of every such son respectively, each son to take the said term, with remainder immediately to his said heirs males; and after the determination of the said estates, and failure of such heirs males of their respective bodies, the remainder thereof to the said Elizabeth Hobart, and the sons of the said Elizabeth, with such terms and remainders to the heirs males of their bodies, as is formerly for the other lands expressed; the remainder of all the estates in England to John Leigh, Maynard Colchester, and Henry Colchester, and their heirs, during the live and lives of the said Sir Henry Hobart
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