Page:The English Reports v1 1900.pdf/1193

John Speccot, being seised in fee of the Manor of Penheale, and divers other manors, lands, tenements, and hereditaments in the counties of Cornwall and Devon, of about £600 per ann. made his will on the 19th of August 1703, and thereby devised as follows:

I give, devise, and bequeath to my cousins John Sparke and Jonathan Sparke, and to the survivor of them, all may manors, lands, tenements, and hereditaments, for the term of twenty-one years, for the payment of my debts, funeral, and legacies, with power to lease for lives, for payment thereof; and after payment, the term to cease and after the end, or other sooner determination of that estate, I devise the said manors and premises to the first son of my body, lawfully to be begotten, either born in my lifetime, or after my decease, and to the heirs male of the body of such first son, lawfully issuing; and for default of such issue, to the heirs of my body, lawfully to be begotten, either born in my lifetime, or after my decease; and for default of such issue, to John Sparke, for the term of ninety-nine years, if he so long happen to live, without impeachment of waste; remainder to the first son of John Sparke, lawfully to be begotten, and to the heirs male of the body of such first son; and for default of such issue, to the second, third, fourth, and all and every other son and sons of the body of the said John Sparke, lawfully to be begotten successively; and for default of such issue, the remainder of all the said manors to Jonathan Sparke, for the term of ninety-nine years, if he so long live; and after his decease, to the first son of the body of the said Jonathan Sparke, lawfully to be begotten, and to the heirs male of the body of such first son; and for default of such issue, to all and every other son and sons of the said Jonathan Sparke, successively in tail male; and for and in default of such issue, I give, devise, and bequeath the remainder of all my said estate to the heirs males of my aunt Mrs. Elizabeth Long, wife of Richard Long, clerk, lawfully begotten; and for default of such issue, the reversion and remainder of all my said lands and estate to be and remain to my own right heirs.

The testator then gave an annuity of £150 to the defendant Dorothy Beaumont, his sister, for her life, and £500 a-piece to her children, and £1000 if but one child; he also gave £100 to his aunt Elizabeth Long, £500 to her children, and several other legacies to different persons.

On the 25th of August 1704, the testator died without issue; whereupon John Sparke and Jonathan Sparke entered, and were [61] possessed of the premises by virtue of the devise for twenty-one years; but on the 15th of November and 20th of December following, they respectively died without issue; and upon the death of Jonathan, who was the survivor, the defendants entered.

In Trinity term 1707, Thomas Long, who was the eldest son of the testator's aunt, Elizabeth Long, exhibited his bill in the Court of Exchequer against the defendants, for an account of the rents and profits of the estate, and to be let into, and quieted in the possession thereof; and on hearing this cause, the court directed an ejectment to be brought by the plaintiff against the defendants, to try the title at law.

This ejectment being accordingly brought, was tried at Launceston assizes on the 29th of March 1710, before Mr. Baron Lovell; when the jury found a special verdict, stating the testator's will, verbatim; that on the 25th of August 1704, he died seised, without issue of his body; that John and Jonathan Sparke entered, and were possessed by virtue of the devise to them for twenty-one years, for payment of debts, funeral, legacies, and costs; that they levied and received sufficient sums of money to pay all