Page:The English Reports v1 1900.pdf/1272

words following, viz.

I give and devise all my real estate wheresoever, to my trusty friends John Hill, Thomas Lukey, and Sampson Sandys, and their heirs, to the uses following, viz. to raise £1000 towards paying for the presentation of Weldron and Helstone, in the said county of Cornwall, and the remainder to be paid out of my personal estate by my executor hereinafter named; and after the £1000 is raised, then my will is, and I bequeath all my said real estate (excepting my estate in the parish of Endellyon, and all my presentations in the said county) to Lancelot Hicks of Plymouth, in the county of Devon, Gent. for and during the term of his natural life, and no longer, provided he alter his name, and take that of Robinson, and live at my house of Bochym; and after his decease, to such son as he shall have lawfully to be begotten, taking the name of Robinson; and for default of such issue, then I bequeath the same to my cousin William Robinson, Rector of Landewedneck, and his heirs for ever. Item, My will is, and I desire, that he (the said William Robinson) have liberty to present whom he pleases to any vacancy that shall happen in any of my presentations, during his life; and in case any of his children shall take, or be designed for holy orders, then it is my desire, that, in case of any vacancy in either of my presentations, bonds of resignation be taken to such child or children, if the vacancy happen before he or they attain such orders; and after the same shall be disposed of as aforesaid, then I give the perpetuity of the said presentations to the said Mr. Lancelot Hicks, in the same manner, and to the same uses, as I have given my estate.

—And after giving several legacies to his servants and others, the testator gave and bequeathed all the rest of his goods and chattels, together with his estate at Endellyon, to the said William Robinson, and made him sole executor of his will.

On the 30th of September 1728, the testator died without issue, leaving the said William Robinson, the appellant's late father, his heir at law; and Lancelot Hicks, after the testator's death, took upon him the name of Robinson, but could not live in the testator's house at Bochym, the same being in his lifetime, and for a considerable time after his death, in the possession of the appellant's said father.

[181] In November 1731, a bill in Chancery was brought by Elizabeth Robinson, the testator's widow, against the said William Robinson, the heir at law, and the said Lancelot Hicks, and others, to carry into execution certain articles entered into previous to her marriage, and to have the benefit thereof. And in Trinity Term, 1732, a cross bill was filed by the said Lancelot Hicks, to prove the testator's will, and carry the trusts thereof into execution; and that he, as devisee of the real estate, might have the benefit of the devise thereof, and have the deeds and writings relating thereto delivered up to him.

Both these causes were heard before Sir Joseph Jekyll, then Master of the Rolls, on the 7th of April 1733; when he was pleased to declare,

That, by the will of the said George Robinson, the said Lancelot Hicks, alias Robinson, was entitled to an estate for life in all the estate of the said George Robinson, (except the estate of Endellyon, and the presentations in the county of Cornwall,) with remainder to the eldest and but one son of the said Lancelot Robinson for his life, they performing the conditions in the will; and that the remainder would go over to the said William Robinson, the heir at law of the said testator, and that the perpetuities were in like manner to be settled to the use of the said Lancelot Hicks, alias Robinson, for life, with remainder to his oldest son for his life, with remainder to the said William Robinson the heir at law.

Mrs. Robinson appealed from some parts of this decree to the then Lord Chancellor Talbot, but the said Lancelot Hicks, alias Robinson, acquiesced under the same; and on the 17th of December 1734, such appeal was heard, when his Lordship was pleased to vary the said decree, as to the particulars complained of; but affirmed the same as to the interest which the said Lancelot Hicks, alias Robinson, took in the testator's estate under his will, by a declaration in the very words of the former decree.

The said Lancelot Hicks had two sons, viz, George, his eldest son, who was called by the name of Robinson, and died in March 1738, an infant, in the lifetime of his father, and the respondent, his younger son.

In July 1745, Lancelot Hicks died intestate, leaving the respondent, his only surviving son, then an infant.

In March 1748, the respondent brought his bill in the Court of Chancery, against the said William Robinson, the appellant's father, and against the surviving trustees in the testator's will, for an execution of the trusts therein mentioned; and that a