Page:The English Reports v1 1900.pdf/1308

Harriot Countess Godolphin, and also of the said Lord Spencer, Charles Spencer, and John Spencer, and also of the said Mary Duchess of Montagu, and also of the said Harriot Duchess of Newcastle, and also of the said John Bateman, and also of the said Lady Ann Bateman, and also of the said Lady Diana Spencer, and also of the said Lady Ann Egerton, and also of the said Lady Isabella Montagu, and also of the said Lady Mary Montagu, by deeds attested by two or more credible witnesses, to revoke and make void the respective uses limited to their respective sons in tail male; and in lieu thereof, to limit the premises (except before excepted) to the use of such sons for their lives, without impeachment of waste, with immediate remainders to the respective sons of such sons, severally and respectively in tail male, according to the seniority of the said sons.

The testator then gave to the Duchess his wife, during her life, the use and occupation of all his pictures, glasses, hangings, and beds, and all other the household goods and furniture which should be in Blenheim-house at the time of his decease, and of his gold plate with the Elector of Hanover's arms engraved thereon; and after her decease, he gave the use and occupation thereof to the Countess Godolphin for her life; and after her decease, to Lord Ryalton for his life. And it being his desire (as he thereby declared) that the same might always be enjoyed with Blenheim-house, by the owner thereof, being Duke or Duchess of Marlborough, according to the settlement of the said house by act of parliament, he annexed the glasses and marbles fixed in the said house, to the same; and declared them to be taken as part of, and enjoyed therewith, and all other the said goods and furniture, so far as by law the same might be annexed thereto.

And after the death of Lord Ryalton, he gave the said household goods and furniture to William Clayton, William Guidott, and John Hanbury, their executors, administrators, and assigns, in trust for the first and other sous of the body of Lord Ryalton, and the heirs male of their bodies; and for the several other sons to be begotten of the said Harriot Countess Godolphin, and the heirs male of their several bodies; and for the said Lord Robert Spencer, and the sons of his body to be begotten, and the heirs male of their bodies and for the said Charles Spencer for his life, and for the several sons of his body to be begotten, and the heirs male of their several bodies; and for the said Mary Duchess of Montagu for her life, and for the several sons of her [238] body lawfully to be begotten, and for the heirs male of their several bodies; and for the several other persons, and the heirs male of their several bodies, severally and successively, in such order, manner, and form, and for such interest, as was given, devised, or limited to or for them respectively, in the lands and hereditaments not settled by act of parliament, before devised to the Countess Godolphin for her life; the testator declaring his intent to be, that the said household goods and furniture should, at all times thereafter, remain and be in the said house, and therein used and enjoyed, by the person or persons who should from time to time be entitled to the same; the Countess and all persons therein named, who were by virtue of the trust to have the use of the said goods for life, entering into recognizance, before taking possession of the said house and goods, in the penalty of £20,000, with condition to preserve and leave the same at their respective deceases. in as good condition as the same should be at the taking possession thereof, reasonable use, wearing, and inevitable accidents by fire or otherwise, excepted. Then follows this clause; viz.

And I do hereby declare and direct, that upon the birth of each son of the said Lord Ryalton, and each other son of the said Harriot Countess Godolphin, and each son of the said Robert Spencer, Charles Spencer, and John Spencer, and of Mary Duchess of Montagu, and of such other persons as aforesaid, they the said William Clayton, William Guidott, and John Hanbury, and the survivors and survivor of them, and the executors and administrators of such survivor, do and shall revoke the trust of the said household goods and furniture herein before limited for such son or person, and for the heirs male of his or her body; and in lieu and stead thereof, to limit the said trust to be for his or her life only, and afterwards for the first and every other son of his or her body in tail male.

And he bequeathed the use of the diamond sword given him by the Emperor, and of his Georges and collar used by him as a Knight of the Garter, to Lord Ryalton for life; and after his decease to Clayton, Guidott, and Hanbury, their executors, administrators, and assigns, upon trust for such person and persons, and for such time and in such manner as he had before given the said household goods and furniture, that