Page:The English Reports v1 1900.pdf/1329
the said William Brown, lawfully to be begotten; the eldest of the said sons of the said William Brown, and the heirs males of his body, always to be preferred before the younger, and his heirs males; and for want of such issue of the body of the said William Brown, then to the second son of my said brother Reginald Brown, for and during the term of his natural life; and from and after the death of the said second son of my brother Reginald Brown, then to the first son of the body of such second son of any said brother Reginald Brown, lawfully begotten or to he begotten, and to the heirs males of the body of such [1] second son, lawfully to be begotten. And for default of such issue, to the third, fourth, fifth, and every other younger son or sons of the said second son of my said brother Reginald Brown, according to their seniority, and to the heirs males of the bodies of the said third, fourth, fifth, and other sons of the said second son of the said Reginald Brown, lawfully to be begotten; the eldest of the said son and sons, and their several heirs males, according to the seniority or priority of birth, to be preferred before the younger of the said sons and their heirs males; and for want of such issue, then to the eldest or next son or sons of the said Reginald Brown, for the time being, for the term of his natural life; and after his or their deaths, to the heirs males of the body of such eldest or next son of my said brother Reginald, lawfully to be begotten; the elder of such said son and sons and the heirs males of his body being always preferred before the younger and his heirs males; and for want of such issue, then to the first son of my now loving brother Samuel Brown, for and during the term of his natural life; and from and after the death of such first son [271] of the said Samuel Brown, then to the first son of the body of such first son of the said Samuel Brown lawfully to be begotten; and for want of such issue, to the second, third, fourth, fifth, and every other sun and sons of the said eldest son of the said Samuel Brown, according to their several seniorities, lawfully begotten or to be begotten, and to the several heirs males of their several and respective bodies; the eldest of the said sons and his heirs males to be preferred before the younger and his heirs males; and for want of such issue, then to the second, third, fourth, fifth, and each other son and sons of the said Samuel Brown, according to their several seniorities, lawfully begotten or to be begotten, for and during their several and respective lives; and from and after their respective deaths, to the first son of their several and respective bodies, lawfully to be begotten; and to the several heirs males of their several and respective bodies, lawfully to be begotten; the elder of the said younger sons of the said Samuel Brown and his heirs males always to be preferred before the younger of the said sons and his heirs males; and for want of such issue, to the right heirs of me the said Joshua Brown for ever. And I do declare, that the reason of my settling and limiting my said messuages, lands, and hereditaments as aforesaid, is, because I desire to have the same continue in my name and blood so long as it shall please God to permit the same.
That on the 1st of August 1694, the testator died seised, and without issue, leaving Ann his widow, and the said Thomas, Reginald, and Samuel, his brothers, and the said William his nephew, the son of Reginald Brown. That at the time of the testator's decease, and also at the time of making his will, the said William Brown was the only son of Reginald then born, and that he was born the 29th of March 1682. That upon the testator's death, Ann his widow entered into such part of the premises in question as was devised to her; and the testator's brother Thomas entered into the residue devised to him, until William Brown should attain the age of 24, who on the 29th of March 1706, attained that ago, and entered into possession. That Reginald Brown had issue a second son, named Thomas, who was born on the 13th of March 1695. That on
- ↑ It was supposed on the part of the plaintiff, that there was an omission in this place, and that in transcribing the will from the rough draft, a line was inadvertently left out, containing the following words: first son, lawfully to be begotten; and for want of such issue, then to the second son of the body of such second son of my said brother Reginald Brown, lawfully to be begotten, and to the heirs males of the body of such. And it was said, that by supplying the omission in this manner, the limitation in favour of the second son of Reginald and his descendants, would be precisely the same as the testator had before expressed with regard to the first son of Reginald and his descendants, which, upon an attentive perusal of the will, appeared, beyond a doubt, to have been his intention.