Page:The English Reports v1 1900.pdf/1364

tenances, and the capital messuage called Tredegar, and the three parks lying contiguous, or near thereunto, and the Forge called Tredegar Forge, with their appurtenances; and as to all other the freehold messuages, farms, lands, tenements, woods, rents, and hereditaments whatsoever, whereof or wherein Sir William Morgan, or any person or persons in trust for him, or to his use, had any estate of freehold or inheritance, in possession, reversion, remainder, or expectancy, situate, lying, and being within the manors, towns, parishes, villages, fields, precincts, or territories of Diffrin, Bassabeg, Stow, Mendlegiffe, Ebboth, alias Greenfield, St. Wooloes, and Newport, in the county of Monmouth, immediately after the death of Sir William, to the use of the Duke of Rutland, Lord James Cavendish, (the brother,) Henry Berkley, and John Hanbury, their executors, administrators, and assigns, for 500 years, without impeachment of waste, upon the trusts aftermentioned. And as to the manors and premises thereby before granted and released, with their appurtenances, immediately from and after the determination of the several uses and estates therein before thereof respectively limited, and as the same uses and estates should respectively end and determine, to the use of the first and other sons of Sir William Morgan, on the body of Lady Rachael to be begotten, successively in tail male; remainder as to the premises comprised in the said term of 500 years, to the use of the Marquis of Hartington, Andrew Charlton, Thomas Lewis, and Edmond Probyn, their executors, administrators, and assigns, for 1000 years, without inpeachment of waste, on the trusts after-mentioned; remainder, as to the whole estate, to the use of Sir William Morgan, and his heirs and assigns for ever.

[326] The trusts of the term of 500 years were declared to be, in the first place, for indemnifying the manors, messuages, lands, and premises, thereby charged with the said yearly rent-charge of £2000 to Lady Rachael for her jointure, from all annuities or rent-charges charged on the same premises by the will of the said John Morgan, or otherwise; and subject thereto, in case there should be any issue male of the body of Sir William Morgan, on the body of Lady Rachael begotten, who should for the time being, after the death of Sir William, be entitled to the immediate freehold and inheritance of the premises, expectant on the determination of the said term of 500 years, by virtue of any of the limitations aforesaid, and also one or more other child or children of Sir William by Lady Rachael, either born in his lifetime or after his decease, then the trustees should, after the decease of Sir William, by the ways and means therein mentioned, raise the following sum and sums of money, for the portion and portions of all and every the child or children of the said marriage, not entitled to the freehold of the same premises, expectant on the determination of the said term of 500 years, viz. in case there should be but one child, then £12,000, if two children and no more, then £16,000, and if three or more such children, then £18,000 for their portions, to be equally divided among them, share and share alike; the portions of sons to be paid at the age of 21, and the portions of daughters to be paid at their ages of 21, or days of marriage, which should first happen after the decease of Sir William Morgan, or sooner, if he should by any writing under his hand and seal, so direct and appoint; and upon further trust, in the meantime, from and after the decease of Sir William, until the portions should become payable, to raise such yearly sums for the maintenance and education of such younger children as therein mentioned: and in ease any such children should die before his, her, or their respective portion or portions should become payable, that then the portion or portions of him, her, or them so dying, should go to the survivors, and survivor of them, so nevertheless, that if there should be but one such surviving child, he or she should have no more than £12,000 by virtue of the said trust.

And the trusts of the 1000 years term were declared to be, that in case Sir William Morgan should die without issue male by Lady Rachael, or there being such issue male, all of them should die without issue male, before any of them should attain the age of 21, and that there should be issue one or more daughter or daughters of Sir William by Lady Rachael, at the time of such failure of issue male, or at any time afterwards, then the trustees, by the ways and means therein mentioned, should raise such sum and sums of money for the portion or portions of such daughter and daughters, as after mentioned; viz. if there should be but one such daughter, then the sum of £20,000 for the portion of such only daughter; and if two daughters and no more, then the like sum of £20,000, and if there should be three or more [327] such daughters, then £24,000, to be equally divided among such three or more daughters, share and