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persons as she shall by any writing under her hand and seal direct and appoint, for and during the term of her natural life; and from and after her decease, they the said Thomas Erle and Charles Morgan, and their heirs, shall stand and be seised of and in all and every the said manors, messuages, lands, and premises, to the use and behoof of the heirs of the body of my said daughter Cecil Fiennes, severally and successively as they shall happen to be in priority of birth and seniority of age, and to the heirs of their several and respective bodies in tail general; subject nevertheless to the payment of the said annuities, legacies, and interest, charged and hereby before by me given out of Nether Norton and Oversbury Norton aforesaid: and for default of such issue, then upon this further trust and confidence, and I do hereby declare my mind and will to be, that they the said Thomas Erle and Charles Morgan, and their heirs, shall stand and be seised of and in the said manors, messuages, lands, and premises in Nether Norton and Oversbury Norton aforesaid, to this further use, intent, and purpose, that from and after the decease of my said daughter Cecil Fiennes, without issue of her body, that over and besides the payment of the said former legacies and charges by me hereby given and devised out of Nether Norton and Oversbury Norton aforesaid, they the said Thomas Erle and Charles Morgan, and their heirs, shall and will, out of the rents, issues, and profits of the said manors, messuages, lands, and premises, pay and satisfy the several gifts, legacies, and bequests, hereafter mentioned; (that is to say) I give and devise to the said Mr Francis Twisleton my godson, and son to George Twisleton of Yorkshire, the sum of £20 per ann. for and during the term of his natural life, and after his decease, I give and devise the said sum of £20 per ann. to Mr Fiennes Twisleton, for and during the term of his natural life. Item, I give and devise the sum of £20 per ann. for ever, to be issuing and going out of my said manors, messuages, lends, and premises in Nether Norton and Oversbury Norton aforesaid, to be equally distributed yearly and every year for ever, to and amongst four poor widows of the said parish of Nether Norton and Oversbury Norton, at the discretion and nomination of my said trustees, their heirs and assigns; and from and after the decease of my said daughter Cecil Fiennes, without issue as aforesaid, I give and devise the said manors, messuages, lands, and premises, with their and every of their appurtenances, to the said Lady Catherine Jones, daughter to the Right Honourable the Earl of Ranelagh, in the kingdom of Ireland, Mrs. Frances Bettenson of Scadbury in the county of Kent, my said godson Francis Twisle-[115]-ton of the parish of St. James in the county of Middlesex, Gent. and to the said Elizabeth Hughes of Jewes in the county of Somerset, severally and respectively, and to the several and respective heirs of their respective bodies lawfully begotten, or to be begotten, in tail general, share and share alike; subject nevertheless to the several annuities, legacies, and other payments aforesaid, hereby charged, given, or devised in, upon, or out of Nether Norton and Oversbury Norton aforesaid.

In February 1686, the testatrix died, without making any further disposition of her estate; leaving issue the said Cecil Fiennes, her only child and heir at law.—And in 1698, Francis Twistleton, one of the four devisees, died an infant, without issue; whereby the reversion in fee of one fourth part of the said undivided moiety, expectant on the death of the said Cecil Fiennes, came to and was vested in her, as daughter and heir at law of the said testatrix.

On the 23d of July 1715, the said Cecil Fiennes died without issue, whereby three fourth parts of the said undivided moiety of the premises vested in the respondents Lady Catherine Jones, the said Frances Bettenson, then the wife of Thomas Hewett, Esq. afterwards Sir Thomas Hewett, Knt. deceased, and now the respondent Lady Hewett, the said Elizabeth Hughes, then the wife of Thomas Hawker, deceased, and mother of the respondent Peter Hawker; and the remaining fourth part descended to Cecil Mignon, the niece and heir at law of the said Frances Ellis, and also cousin-german and heir at law of the said Cecil Fiennes.

In Trinity term 1716, the respondent Lady Catherine Jones, together with Sir Thomas Hewett and his Lady, and Thomas Hawker and Elizabeth his wife, levied a fine and suffered a common recovery of three fourth parts of the said premises; and by an indenture dated the 27th of June 1716, made between the said Thomas Erle, the then surviving trustee, and Lady Catherine Jones, Thomas Hewett and Frances his wife, and Thomas Hawker and Elizabeth his wife, of the first part, Thomas Wyherd of the second part, and Anthony Cracherode of the third part; the uses of the said