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estate in fee-simple, according to the custom of divers manors within the said county of Monmouth, of several customary estates, much the greatest part whereof was of the nature of Borough-English, descendible to the youngest son; and other part thereof was of the nature of gavelkind, descendible to all the sons; but the legal estate of all the customary estates was outstanding in trustees; and being so seised, he died in 1719, having first made his will, whereby he devised certain estates in the county of Glamorgan, to trustees therein named, upon trust, to permit Catherine Morgan, spinster, to receive the rents of his capital messuage and premises, [324] called Ruperra, for her life; and upon further trust, to permit his youngest son Thomas Morgan to receive the rents, issues, and profits of the premises therein mentioned (except the term for life before vested in Catherine Morgan) till he attained 21, and immediately after his attaining that age, then to permit the testator's eldest son William, afterwards Sir William Morgan and his heirs, to receive the rents, issues, and profits of all the said premises, till such time as his second son, the said Thomas Morgan, should convey and assure unto his said son William and his heirs, (if thereto required,) either by fine or fines, recovery or recoveries, deed or deeds, surrender or surrenders, or by such other ways or means sufficient in the law, all the right, title, interest, claim, or demand, which he the said Thomas Morgan, or his heirs, might, after the testator's decease, have or claim to all or any customary estate, which he then enjoyed in any lordship within the county of Monmouth, and might by virtue of any custom or usage descend to the said Thomas Morgan as his youngest son; and immediately after such conveyance and assurance as aforesaid, and not otherwise, he willed that the whole premises before-mentioned should be to the use and behoof of his said second son Thomas Morgan, and his heirs and assigns for ever.

The testator left issue two sons, viz. the said Sir William Morgan and Thomas Morgan, and two daughters; and upon his death, Sir William Morgan, his eldest son, entered upon all the estates which descended to him by the death of his father, or which passed to him by virtue of his will.

By indentures of lease and release, dated the 13th and 14th of May 1723, the release being of six parts, and made between Sir William Morgan of the first part; William, Duke of Devonshire, and Lady Rachael Cavendish, one of his daughters, of the second part; James Cavendish, Esq. (commonly called Lord James Cavendish,) the Duke's only brother then living, and Henry Berkley, Esq, of the third part; William Cavendish, Esq. (commonly called Marquis of Hartington,) son and heir apparent of the Duke of Devonshire, and James Cavendish, Esq. (commonly called Lord James Cavendish,) second son of the Duke, of the fourth part; John Duke of Rutland, and John Hanbury, Esq. of the fifth part; and Thomas Lewis, Edmond Probyn, and Andrew Charlton, Esqrs. of the sixth part; reciting, that a marriage was then intended between Sir William Morgan and Lady Rachael Cavendish; it was witnessed, that in consideration thereof, and of £20,000 therein mentioned to be paid to Sir William Morgan by the Duke, as the marriage portion of Lady Rachael, Sir William Morgan did grant and release unto the said Lord James Cavendish (the brother) and Henry Berkley, and their heirs, all the manors, lands, and hereditaments, therein particularly mentioned and described in the counties of Monmouth and Glamorgan, to the several uses (to take effect from and after the solemnization of the marriage) therein-after mentioned, viz. As to the manors [325] and lordships of St. Bride, and other the manors and hereditaments therein particularly mentioned, to the use of the Marquis of Hartington and Lord James Cavendish (the son) for 100 years, in trust, to pay, during the joint lives of Sir William Morgan and Lady Rachael, the clear yearly sum of £500 for her separate use; and as to the premises comprised in the said term, after the determination thereof, and subject thereto, and also as to all other the premises, to the use of Sir William Morgan for his life, without impeachment of waste; remainder to the said Lord James Cavendish and Henry Berkley, and their heirs, in trust to preserve contingent remainders; remainder, as to the premises comprised in the said term of 100 years, to the intent that Lady Rachael, if she survived Sir William Morgan, should receive thereout, during her life, the clear yearly rent charge of £2000 in bar of dower, with a power of distress and entry in case of non-payment thereof; with remainder to the Marquis of Hartington and Lord James Cavendish, (the son,) their executors, administrators, and assigns, for a term of 99 years, for better securing the payment of the said yearly rent-charge. And as to the manors of Diffrin, Stow, Mendlegiffe, and Ebboth, alias Greenfield, with the appur-