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sons in tail male in like manner, according to the true in-[207]-tent and meaning of Duke John's will; remainder to the right heirs of Duke John.

And it was also thereby enacted, That all leasehold estates for lives, which Duke John was seised of, or entitled to on the 29th of August 1707, with their appurtenances, should be, and the same were thereby vested and settled in like manner, in, upon, and to the use of the respondent the Duke for life, with all and every such and the like remainders over as aforesaid.

And it was thereby further enacted, That all and every other the manors, rectories, advowsons, tythes, lands, tenements, and hereditaments whatsoever, whereof or wherein Duke John, or any other person or persons in trust for him, at or immediately before his decease, had any term or terms for years, or chattel interest, legal or equitable (other than such as were thereby before vested in Lady Henrietta, or her trustees, and except Pontefract Park, and the leasehold estates at Orton in Huntingdonshire, therein mentioned) should be, and the same were thereby vested in the respondent the Duke for life. And it was enacted, That after his death, the same should he held and enjoyed by such person or persons who would have been entitled to the same, in case the said act had not been made.

And it was thereby further enacted, That the respondent the Duke, during his life, and every other person and persons, who, for the time being, should be seised or possessed of any of the said leasehold manors, lands, tenements, rectories, tythes, and hereditaments, by virtue of the limitations therein contained, when, and as often as he or they should respectively think it convenient, should have full power to surrender any such lease or leases for life, lives or years, and make the same absolutely void, to the intent only that it or they might be renewed, or a new lease or leases might be made of the premises comprised in such surrendered lease or leases respectively, at the time of such surrender or surrenders; and that every such now lease, and renewed lease, from time to time, as often as they or any of them should be renewed, should, during the continuance thereof, be held and enjoyed by such person or persons who would have been entitled to such surrendered lease or leases, in case the same had continued in being.

And it was thereby further enacted, That nothing in the said act contained should be taken, construed, or intended, to confirm the respective limitations in the said will contained, of the several terms for years whereof Duke John died possessed.

By virtue of the said agreement and act of Parliament, the respondent the Duke entered on all the manors, messuages, lands, tenements, and hereditaments, freehold, copyhold, and leasehold, which were thereby limited to him for life, with remainders over as aforesaid, and continued in possession and receipt of the rents and profits thereof; and several of the leases for years which were in being, and by virtue of which some of such lease-[208]-hold messuages, lands, and tenements were held at Duke John's death, were afterwards from time to time renewed.

The respondent the Duke never had any issue male; but the said Henry Pelham had issue two sons, both of whom died in his lifetime, viz. Thomas, his eldest son, who died on the 28th of November 1739, aged about ten years; and Henry, his younger son, who died the 27th of the same month. And the said Thomas Pelham, the son, being the person in whom the first estate tail in order of limitation in the said freehold manors, messuages, lands, tenements, and hereditaments, limited to the respondent the Duke for life, was vested by virtue of Duke John's will, and of the said agreement and act of parliament; the appellants were advised, that the absolute estate and interest of and in all the manors, messuages, lands, and tenements, held by leases for years, and which were by the said agreement and act of parliament limited to the respondent the Duke, for life, vested in the said Thomas Pelham, subject to the estate for life of the Duke, and to the contingency of his having a son born; and also subject to the estate for life of the said Henry Pelham therein, in case the Duke happened to die in the lifetime of the said Henry Pelham, without having had any son born. And the appellants were also advised, that the absolute estate and interest of and in all such estates held by leases for years, subject as aforesaid, was part of the personal estate of the said Thomas Pelham at his death, and that as such, the same on his death (he dying intestate) did belong, subject to the estate for life of the said Duke, and to such contingency as aforesaid, to the said Henry Pelham, as his father, and only next of kin.

The said Henry Pelham being so entitled, died on the 6th of March 1754, having