Page:The English Reports v1 1900.pdf/1236

[125] by him on leases for lives and years; he was also possessed of a very considerable personal estate in mortgages and other securities for money: and having a wife and only two children, namely, Rawlinson Foord his eldest son, the father of the respondent Ellen, and the appellant his youngest son, he, on the 29th of June 1711, made his will, and therein amongst other things, devised in the words following:—

As to my worldly substance which God hath been pleased to bestow on me, I give and bequeath it as followeth: My real estate, to the value of £356 14s. 4d. per ann. I give to my son Rawlinson Foord, now in the college of Dublin, when he comes to the age of 23 years old, and not before; he paying his mother my wife, £130 per ann. during her life, and he having £100 per ann. paid him for his maintenance in the college, until the full age of 23 years, and then to enjoy the whole after his mother's death, during his life, if he survives her. And the whole estate, of which he is but tenant for life, shall, after his decease, go to his eldest son that then shall be living; and if he die without any son or sons to enjoy it during their lives, (of which none are or shall be tenants but while they live to enjoy it,) that then it shall come to his brother William Foord during his life, and to any of his heirs male during their lives, and no longer: and if they all die without issue male, then to the heirs male of my brother Nicholas Foord's sons, and to any of their heirs male during their lives, of which none of them are tenants any longer; nor shall it be in any of their powers to sell, dispose, or convey, or make away any part, or the whole of it; and if in case they all die without heirs male, then it is to go to the next of kin to me, I also give and bequeath to my son Rawlinson Foord, as many mortgages as is in a schedule fixed to this, to the value of £645 16s. 6d. he to begin to enjoy it from the day after he is full 23 years of age, and no sooner; all the rents and profits to go to my son William, until that time, to make his fortune the better, and not to lessen Rawlinson Foord's £1000 per ann. after mentioned; reserving out of them mortgages, the sum of £24 per ann. to my wife Elizabeth Foord during her life; and that, with the above £150 per ann. is in full for her of all dowry, jointures, legacies, or any challenge she hath or can pretend unto, except some rent and interest monies her father left her in England; so that the whole intent of this will, is to leave my son Rawlinson in real and personal estate, when he comes to the age of 23 years, £1000 per ann. if the land and mortgages which is in the schedule will amount unto it; he paying his mother's jointure out of the estate and mortgages during her life; and if Rawlinson dies before he comes to the age of 23 years, then all is to go to my son William Foord and his heirs, etc.

In the schedule mentioned in the will are the words following:

An account how I dispose of my estate to my son Rawlinson Foord, as followeth; he paying his mother out of my real estate the sum of £150 per ann. during her life, and £24 per ann. [126] during her life out of my mortgages, and then all to revert to my son Hawley Foord during his life; and after his death to his sons, and for want of sons, to his brother William Foord during his life, and afterwards to William Foord's eldest son, and for want of his having sons, to my brother Nicholas Foord's sons, and for want of any sons, to my eldest son's daughters, and so to the next of kin.

—The testator then specified the particulars of his real estate amounting to £356 14s. 4d. per ann. and likewise the particulars of his mortgages amounting to £645 16s. 6d. per ann. devised to his said son Rawlinson Foord.

Afterwards, on the 15th of August 1712, the testator made a codicil to his will; wherein, taking notice of an estate therein mentioned, part of the lands of Castleconnel in the county of Limerick, to have been lately purchased in the name of his son William Foord, the appellant; he devises,

that the same shall be and remain to his said son William Foord, and the heirs male of his body; and for want of such heirs male, to be to the use of his son Rawlinson Foord, and the heirs male of his body; and for want of heirs male of both their bodies, to go to the female issue of William, with other remainders over.

—And in another part of the same codicil were contained the following words; viz.

And for that by the said will I have ordered, that the profit of my estate and mortgages should go to my son William till the said Rawley should be 23 years of age, he having thereout till then #100 per ann. and my said wife's jointure or annuity to be also paid: now I further devise and declare, that my said son William shall have the benefit of my said estate and mortgages till the 1st day of November 1713, inclusive, paying thereout, until then, to the said Rawlinson £100 per ann. and also to my said wife the jointure or annuity hereby devised her; and