Page:The English Reports v1 1900.pdf/1179

Robert Docksey, the appellant's father, was seised in fee of the manor of Snelston, and other lands in the counties of Derby and Stafford, of about £700 per ann. and had six children; and upon the marriage of the appellant, his eldest son, in 1692, he settled part of his estate, of the value of £200 per anu. on the appellant and Elizabeth his wife, and their issue.

In 1703, Robert Docksey made a will, whereby he gave to the respondent Elizabeth his wife, all his plate, jewels, and household goods, for her life; and afterwards to dispose of the same to such [40] of his children and grand-children, as she should think fit; he also gave her £20 to be paid her within a month after his decease; he then devised all his real and personal estate to his son Robert Docksey, and his son-in-law Francis Evans, (whom he appointed executors,) upon trust, to pay his debts, and the several legacies given to his daughters and grand-children; the testator also devised to his wife several closes in Snelston, for her life, for her jointure; together with a rent-charge of £90 per ann. for life, issuing out of all his estate, for her better support and maintenance; and the surplus of his estate, after payment of his debts and legacies, he devised to his son Robert, and his heirs.

In April 1704, the testator being ill of the sickness whereof he afterwards died; and the appellant, not knowing that his father had made a will, prevailed upon one Mr. Pole, a clergyman, and a particular acquaintance of the testator's, to visit him, and endeavour to persuade him to make a will in favour of the appellant; this Mr. Pole accordingly did, and urged several arguments to effect his purpose; and particularly, that he might charge the estate with whatever sum of money he should think proper, for the benefit of his son Robert; but the testator seemed utterly averse to leave his estate to the appellant, so that Mr. Pole went away. In a few days afterwards, however, he made another visit to the testator, for the same purpose; when the testator told him, that he intended to make his will, and to give his whole estate to his wife, to pay his debts and legacies, and to dispose of the remainder as she saw good, as he had done by two former wills, one dated the 6th of March 1692, and the other the 22d of November 1697; but though he left it in his wife's power, yet he would have her leave the estate to his son Robert, and not give his son Ralph any part of it.

After this conversation with Mr. Pole, the testator sent for one Mr. Hayne, an attorney, and gave him instructions to prepare his will; which being accordingly done, and read over to the testator, was executed by him on the 24th of the same month of April.

By this last will, the testator devised to the appellant and his heirs all the land called Snelston Park, and all the wood thereon with the appurtenances, except one corner thereof particularly described in the will, he and his heirs paying the respondent £1000 within four years next after the testator's decease, who was thereout to give £100 to the appellant's eldest daughter, if then living, but if dead, among the rest of his children, as she should think fit. And the testator, after reciting that he had some time before agreed with the appellant, for the exchange of some lands between them, for the conveniency of both their estates, viz. that the testator should convey the capital messuage, wherein he then lived, and lands next and most convenient to it, of £100 per ann. value and upwards, in exchange for lands of the same yearly value, which the testator had formerly settled upon the appellant, on his marriage; the testator, for the performance of that agreement, devised the said capital messuage and lands of £100 per ann. value and upwards, to be set out as to the quantity and con-