Page:The English Reports v1 1900.pdf/1276

Sir James Lowther, Bart, deceased, being in his life-time seised in fee-simple of a large real estate in the county of Cumberland, and also possessed of large sums in the public funds, and particularly of great quantities of South Sea stock, and South Sea annuities, both old and new; and the respondent being also seised in fee-simple of a considerable real estate in Cumberland; and Sir William Lowther, Bart. deceased, being seised of a considerable real estate in the county of York, Sir James was desirous that the respondent and Sir William should make an exchange of their estates: and for this purpose, among others, he made particular devises in his last will, dated the 14th of September [187] 1704, by which he gave and devised all his manors, messuages, lands, tenements, and hereditaments whatsoever in the said county of Cumberland, (except some burgage houses and land at Cockermouth, which he gave to Sir William Lowther and his heirs,) to the uses following, viz. to the use of Sir William Lowther for his life, with remainder to trustees and their heirs, in trust to preserve the contingent remainders, remainder to the use of the first and other sons of Sir William, severally and successively in tail male; remainder to the use of the respondent for his life, with remainder to trustees and their heirs, in trust to preserve the contingent remainders; and after his decease, to the use of the first, and all other the sons of the respondent, severally and successively in tail male, with divers remainders over: and the testator also gave to Sir William Lowther, all his ships, and shares of ships, and all horses and mares made use of about his collieries, or in the management of his landed estate in the said county of Cumberland: he also gave to Sir William, in trust, £10,000 of his old South Sea annuities of the second subscription, in order for him thereout, or by sale thereof, to pay and discharge the several legacies of £1000 each, or of any less sum, given by the testator in his said will, or which should be given by him by any subsequent will or codicil, to any person or persons, or for any use whatsoever: and he gave to the respondent an annuity or rent charge of £1000 charged upon his lands, collieries, and hereditaments in the manor of St. Bees, in the county of Cumberland, during his life, subject to be determined as therein-after mentioned. And immediately after follows this clause:

And whereas I did not think it proper to divide my estate in Cumberland, but rather to dispose of it in the manner I have done, as it is an estate that requires great application and care in those that are to have the management of it, I think it would be right for Sir William Lowther aforesaid, to have all the estates which the said Sir James Lowther (meaning the respondent) has in Cumberland, and that the said Sir James Lowther should have all the estates which the said Sir William Lowther has in Yorkshire; it is my will, and I do hereby give and devise £30,000 of my South Sea annuities, commonly called New South Sea annuities of the second subscription, to the said Sir James Lowther, Sir William Lowther, and Robert Harper of Lincoln's-Inn in the county of Middlesex, Esq. in trust for the said Sir James Lowther, to have and receive all the dividends growing due thereon, until such time as the said Sir William Lowther shall, by absolute and effectual conveyances in the law, make over and vest in the said Sir James Lowther and his heirs, all the lands, tenements, and hereditaments, which he the said Sir William Lowther is owner of, or has a right at present to be possessed of, at Maske, or within twenty miles thereof, in the county of York; he the said Sir James Lowther conveying also, by good and effectual deeds and assurances in the law, to the said Sir William Lowther and his heirs for ever, all the rents, [188] lands, tenements, and hereditaments which he is at present owner of, or has a right or title to have, in the county of Cumberland; he the said Sir James