Page:The English Reports v1 1900.pdf/1188

in the same county, adjoining to, and intermixed with the manor of Croft, and the manor of Little Oakley, in the county of Northampton.

The two last mentioned estates were, by deed dated the 20th of May 1670, made upon the marriage of William Mountague, Esq. the Chief Baron's only son, with Mrs. Ann Evelyn, settled on the son and his wife, for their lives; remainder to their first and other sons in tail male, successively; with remainder to the Chief Baron, in fee.

But Mrs. Mountagne the wife being dead, without issue, William the son, in June 1688, being greatly indebted, prevailed upon his father to join with him in mortgaging the settled estate, for raising £10,000; and accordingly, £5000 was borrowed of Isaac [53] Foxcroft, Esq. on a mortgage of the manor of Little Oakley, and the other £5000 of James Lloyd and his partners, on a mortgage of the lands in Lincolnshire.

Though the Chief Baron joined with his son in levying fines, and executing these mortgages, and though the provisos for redemption were made to each of them separately, yet the son alone covenanted for the payment of the money, and entered into bonds for the performance of those covenants: but in January 1689, the son made a surrender of all his estate and interest in the mortgaged premises, to his father, who thereupon undertook the payment of the mortgages, and to indemnify his son against the same.

In 1690, William the son died without issue; on the 10th of March 1699, Mary, the wife of the Chief Baron, died; and on the 15th of the same month, his lordship first made his will.

By this will, the date whereof was afterwards altered, as appeared by the attestation, to the 30th of July 1702, the testator devised as follows:

I do, by this my last will and testament, devise, give, and bequeath all that my manor of Croft, in the county of Lincoln, except the parcels in Lloyd's mortgage, unto my servant John Lloyd, Gent. for the term of ten years, to commence immediately after my decease, upon trust, that he shall raise and levy the sum of £8000 by and out of the rents, issues, and profits of the said premises so leased, which I think it will afford, being above £1000 per ann. and pay and discharge therewith the sum of £3500 [see Note 1, p. 1176], which I owe to Mrs. Elizabeth Foxcroft, upon a mortgage of Little Oakley, and the other three [150] pounds [see Note 2, p. 1176] as I shall direct, either herein by my will, or by any codicil to be annexed to it; and after the said sum of £8000 is raised, the term to cease. And as to the messuages and lands excepted out of this last devise, which are in mortgage to John Lloyd, for the sum of [£4800] [see Note 3, p. 1176], which he lent my son, I do hereby give and devise the same unto my nephews, Charles Bertie and Ralph Freeman, and their heirs, upon trust, that they do and shall sell the same as soon as they can get a chapman; and shall, with the money arising by the sale thereof, in the first place, pay the sum of £5000 unto the said John Lloyd and his sharers, and the interest then due, which I hope, by God's blessing, I shall keep from increasing in my lifetime, and so, I hope, will they, by the rents and profits, till sale; and if the sale produce an over-plus, as I hope it will, and a considerable one, above the £5000 and interest, [54] I shall hereafter, in my will, or by a codicil, direct the disposing of it. I would have my nephews make the first proffer thereof to sale, to my great-grandson Mountague Gerard Drake, and his guardians, who, if his estate be in a condition to purchase, will have great reason to lay out his money upon it, to preserve the lordship of Croft from being mangled, which is like to be his, if it be not his own fault. Let him and his trustees have a pennyworth, but not a great one; and, the better to guide my nephews herein, I must let them know that the present rents of these lands in John Lloyd's mortgage, is £448 per ann. And if it be not bought by them, let my nephews sell it to the best bidder.

The testator then made John Lloyd his executor, and bequeathed him several specific legacies to his own use; he also gave him all his debts, goods, chattels, and personal estate whatsoever, not before disposed of, upon trust, to pay all his debts and legacies, as a faithful executor; and if there should be any surplus remaining, to dispose thereof as the testator should direct.

This will was all written with the testator's own hand, and duly executed by him on the 30th of July 1702; and on the same day, he added a codicil thereto, in these words:

If that ten years lease, made in my will of part of Croft, produce £8000, I do appoint £4000 [see Note 4, p. 1176] to clear Oakley; and the other £3000 I appoint