Page:The English Reports v1 1900.pdf/1196

Sir Michael Armyne, being seised in fee-simple of several estates in the counties of Huntingdon, Lincoln, and elsewhere, made his will, dated the 30th of March 1668; and thereby desired, that his executors would take care to see all his debts and legacies paid, by making sale of his personal estate not specifically bequeathed: and because his debts were great, amounting in the whole to £4600 or thereabouts, (a perfect schedule whereof, he declared, was annexed to his will under his hand and seal,) he devised to his executors all his manors and lands of Cherry-Orton and Butolph-Bringe, in the county of Huntingdon, to be by them sold for the most that could be got, and the monies arising from such sale, disposed of in the payment of his debts and legacies; and lest both his personal estate and the monies to arise from such sale should not be sufficient, the testator gave his executors full power to receive the mesne profits of his whole estate lying in Pickworth and Willoughby, in the county of Lincoln, or elsewhere within the kingdom of England; and also of an allotment or portion of land lying in Ireland, of £50 per ann. upon trust, that the rents and profits arising thereby, should be employed in discharging the remaining part of his debts and legacies; and after such time as his said debts and legacies should be discharged, the testator gave a rent-charge of £50 per ann. to his servant Gamaliel Sylvester and Jane his wife, for their lives, and the life of the longer liver of them, payable quarterly, the first payment thereof to commence from the payment of his debts; and he charged the manor of Pickworth with the payment of one moiety of the said rent-charge, and the manor of Willoughby with the payment of the other moiety thereof, without any deduction: the testator then devised the said allotment of land in Ireland, after his debts paid, to his cousin Norris Cove, Esq. in fee; and as for his said manors of Pickworth and Willoughby, with the advowsons thereof, after such time as his debts and legacies should be paid by the rents and profits thereof, he devised the same to his uncle Evers Armyne, Esq, [65] for his life, without impeachment of waste; and in case the said Evers Armyne should have any issue male, then to such issue male, and his heirs for ever: and after the decease of the said Evers Armyne, in case he left no issue male, then, after such times as his debts and legacies were fully paid, he devised his manor of Pickworth, and the advowson thereof, after the death of the Lady Armyne, his mother-in-law, who had the same for her jointure, to his nephew Thomas Style, Esq. in fee; and he devised his said manor of Willoughby, and the advowson thereof, to his nephew Thomas Barnardiston, Esq. in fee: the testator then gave several annuities, and charged one moiety thereof upon the said manor of Pickworth, and the other moiety upon the said manor of Willoughby; and he declared, that his debts were only those which were mentioned in the said schedule, and no more; and after such time as all his said debts should be paid, then, and not before, he bequeathed several legacies to different persons, amounting to £1560 and upwards; and appointed his brothers Sir Thomas Style and Sir Thomas Barnardiston, together with his uncles Evers Armyne and Thomas Lister, and his cousin Thomas Bristow, executors of his will.

Soon after the making of this will, the testator sold all his estates at Cherry-Orton, and Butolph-Bridge, and also his lands in Ireland; and, on the 6th of June 1668, he borrowed £4000 of the Lady Diana Holles, on a mortgage of his manor of Pickworth; and, by that mortgage, he covenanted to pay the said £4000.

With the money thus raised, the testator paid all the debts mentioned in the schedule annexed to his will; and afterwards he made a codicil to his will, dated the 21st of June 1668, whereby, after taking notice that he had purchased lands in Ingoldsby in Lincolnshire, he devised the same to his nephews Thomas Style and Thomas Barnardiston, equally, and to their heirs.

On the 1st of December following, the testator died; and after his death, all the executors proved his will; but Thomas Lister, one of them, died before he had otherwise acted.