Page:The English Reports v1 1900.pdf/1306

a new annuity or pension of £5000 was granted out of the post-office, in lieu of the former annuity, payable, after the death of the Duke and Duchess, to the heirs [234] male of the body of the Duke; and for default of such issue, to all his daughters, and their heirs male, and to all others successively, in such manner as the honours were by the preceding act limited to go; with a like restriction as in the preceding act, prohibitory of and vacating any act to be done for barring the persons to whom the annuity was thereby appointed to come.

In contemplation of these several acts, and with a view of communicating to a large share of his own private property the same unalienable qualities which the Legislature had thought fit to annex to the royal and public bounties, and in order to perpetuate the same, his Grace executed an instrument, or deed of covenant, with the Duke of Montagu and other trustees, dated the 17th of November 1712, by which, in consideration of natural love and affection to his daughters, and for the better support of his honours and dignities, he covenanted to assign and pay to the trustees, ready money or securities, to the amount of £400,000 in trust, to be disposed of in purchasing lands and hereditaments, to be conveyed to the use of his Grace and the heirs male of his body; with remainder to other trustees, for a term of 99 years, for raising the several annuities therein mentioned; with several remainders to his several daughters, and their issue male and female; and to all other persons male or female that should lineally descend from his body, and to their issue male and female, in such manner, and for such estates, as were therein mentioned; his intention being declared therein, that the lands to be purchased should continue and remain to all the issue of his body, as long as any such should be, so long as by law it might be, to go along with his honour and dukedom of Marlborough; and for want of such issue, to his right heirs; with other directions touching the limiting the said estate, and provisions for his sons-in-law; with power to the respective tenants for life or in tail male, to be made pursuant to the said deed, for leasing the lands and estates so to be purchased; with power for the said trustees to revoke the uses in tail male to be limited to persons not in being, when they should be respectively born, and in lieu thereof to limit the same to them respectively for their lives, without impeachment of waste; with remainder to their several sons in tail male successively. And the trustees were thereby directed to apply, in seven years after his decease, for an act of parliament confirming the said settlement, and making the settled and to be settled premises unalienable; and thereby all other his purchases, either in his own name, or in the names of his trustees, were directed to be to the same uses, and subject to the same powers, as the lands to be purchased with the money, and other personal estate in the said indenture mentioned, were thereby directed to be. But this instrument was made subject to revocation, by dead or will.

On the 19th of March 1722, the Duke made his will, whereby, after reciting the preceding trust deed of the 17th of Novem-[235]-ber 1712, together with a subsequent will and several codicils by him made, and that since the deed several purchases had been made by the trustees, which had been conveyed to them to the uses in that deed, and that other part of the trust money had been placed out upon securities; he therefore by his will revoked the said deed, and the subsequent will and codicils. And to the intent, that there might be one entire settlement and disposition, or directions for a settlement and disposition, of his whole estate real and personal; and for the natural love and affection which he bore to Sarah Duchess of Marlborough his wife, and to his children and grandchildren, and for continuing his estates, or the greatest part thereof, in manner therein after mentioned, in the descendants from him, so long as the same might be by law; he gave and devised all his lordships, manors, messuages, lands, tenements, and hereditaments, situate in the several counties of Northampton, Oxford, Wilts, and Hertford, or elsewhere in England, not settled by act of parliament, as well those purchased by or in the names of his trustees, as all others to which he was entitled in law or equity, (except his mortgages, or real securities for money,) unto the said Sarah Duchess of Marlborough, John Duke of Montagu, and Scroope Duke of Bridgewater, the respondent Francis Earl Godolphin, William Clayton, Esq. afterwards Lord Sundon, and William Guidott, and John Hanbury, Esqrs. their heirs and assigns, to the several uses, upon the several trusts, and for the intents and purposes after mentioned, viz.

As to all his said estates (except certain estates in Hertfordshire, late of Richard Jenyns, Esq. deceased, which he gave to the Duchess for life, with a discretionary power of appointment to her children or grandchildren) subject to the payment of