Page:The English Reports v1 1900.pdf/1336

Lord Somers, Lord Halifax, Mr. Edmund, and Mr. Thomas Dummer, all joined. They also all joined in another mortgage of this estate, on the 5th of April 1712, for securing £12,000 lent by Mr. Pitt to Duke John.

Duke John having attained his age of 22, a probate of Duke Ralph's will was, upon the 7th of the same April, granted to him by the Prerogative Court of Canterbury.

John Lord Montagu, the grandson, died on the 6th of August 1711, an infant, and without issue; on the 11th of October 1715, Duke John had a second son born, named George, who died in the month of December following; and on the 25th of November 1725, he had another son, Edward, who also died before he was two years old.

Mr. Edmund and Mr. Thomas Dummer, having survived Lords Somers and Halifax, joined in other two mortgages of the Warwickshire estate; one dated the 29th of April 1716, for securing £10,000 lent to Duke John, and the other dated the 2nd of April 1720, for securing £17,000, also lent to Duke John. And in November 1720, Mr. Thomas Dummer, having survived Edmund, joined in another mortgage of this estate, for securing £14,400 lent Duke John.

The estates and terms conveyed and granted by the before-mentioned mortgage deeds were, upon re-payment of the several sums thereby secured, to be re-conveyed and reassigned to Duke John, his heirs, executors, administrators, and assigns; and he having afterwards paid off several of the said mortgages, the pre-[282]-mises therein comprised were re-conveyed and re-assigned to him accordingly.

By articles dated the 1st of January 1722, made previous to, and in consideration of the marriage of. William Duke of Manchester with the respondent Lady Beaulieu, reciting, that by the settlement made on the marriage of Duke John, and the will of Duke Ralph, the several estates of Duke John in the said articles mentioned, were, after the decease of Duke John without issue, limited to Lady Hinchinbrooke for life, with remainder to her first and every other son in tail male, with other remainders over; and also reciting, that several estates in the counties of Northampton, Huntingdon, and Southampton, were by the same settlement limited to trustees for a term of 600 years, to commence from the death of Duke John, upon trust, to make good the jointure of Mary Duchess of Montagu, wife of Duke John, and afterwards to raise portions and maintenances for their younger sous and daughters; and particularly, that in case there should be no son, and there should be two or three daughters, to raise £40,000 to be equally divided between such daughters, and to be paid at their respective ages of 18, or marriage, which should first happen, if such ages or marriages should respectively happen after the decease of Duke John, otherwise to be paid within six months next after his decease; and further reciting, that several estates in the county of Southampton, and in the parish of St. Andrew Holborn, in the county of Middlesex, after failure of issue male of Duke John by the said Mary Duchess of Montagu, were limited to trustees for raising portions for younger sons and daughters of Duke John, by any other wife, and from and after the determination of the said term, and the decease of Duke John without issue of his body, that then the same were by the will of Duke Ralph, limited to Lady Hinchinbrooke and her issue, with like remainders over; it was by the said articles agreed, that the said estates of the said John Duke of Montagu, in the counties of Southampton and Middlesex, and in the city of London, (except as therein is excepted,) should be vested in trustees, in trust, by sale or mortgage, to raise the sums of £20,000 and £20,000 for the benefit of the respondent Lady Beaulieu, and the appellant the Duchess, in such manner as in the said articles is mentioned; and also to raise such further sums for the portions of other the daughters and younger sons of Duke John, if any such there should be, as they would be entitled unto under the said marriage settlement: and upon further trust, that so much of the premises vested in the said trustees as should not be disposed of for the purposes aforesaid, should be conveyed to the same uses and trusts as the other estates were therein after agreed to be limited and settled. And it was further agreed, that so much, or such share or part of all and singular the honours, manors, lands, tenements, and hereditaments of John Duke of Montagu, therein after mentioned and specified, (but not including any estates in the county of Warwick,) as the respondent Lady Beaulieu or her issue might have by [283] descent, or be otherwise entitled unto upon the death of Duke John, should, subject to the uses and trusts contained in the settlement made on the marriage of Duke John, be settled upon the Earl of Halifax and Sir James Montagu and their heirs, to the use of