Page:The English Reports v1 1900.pdf/1367

I give and devise all and singular my freehold and customary hold messuages, lands, tenements, and hereditaments whatsoever and wheresoever, and by me purchased since my intermarriage, and whereof I am seised in fee-simple, or I have any equity of redemption therein, and situate, lying, and being within the counties of Monmouth and Glamorgan, with their and every of their appurtenances; and also all and singular my manors and lordships, messuages, farms, lands, tenements, and hereditaments whatsoever, situate and lying within the county of Brecon, and the reversion and reversions, remainder and remainders, rents, issues, profits, and equity of redemption of all and singular the said premises, with the appurtenances, unto the said William Duke of Devonshire, Sir Edmond Probyn, Thomas Morgan, and John Hanbury, and the survivor of them, and the heirs of such survivor, for ever; in trust nevertheless, and to and for the several and respective estates, uses, intents, and purposes, and subject nevertheless and charged and chargeable for and with the payments, and under and subject to the provisoes, limitations, intails, and appointments hereinafter-mentioned, created, limited, appointed, and declared of and concerning the same; (that is to say,) to the intent and purpose, and upon trust, that the said William Duke of Devonshire, Sir Edmond Probyn, Thomas Morgan, and John Hanbury, and the survivor of them, and the heirs and assigns of such survivor, shall, in the first place, raise and levy by the yearly rents, issues, and profits of all and singular the said premises, with the appurtenances, or by sale or mortgage of the same premises, or some convenient part thereof, as to them or any of them may be thought most proper and convenient, such sufficient and competent sum and sums of money, to be in aid of my personal estate herein before bequeathed, for and towards the payment of my just debts, funeral expences, and legacies hereinafter-mentioned and bequeathed.

And further my will and meaning is, that my said youngest son Edward Morgan, when he shall have attained the age of 21 years, shall, by good and sufficient surrenders, or other-[331]-wise as counsel shall and will advise, pass and surrender all and singular the right, title, and interest whatsoever, of him the said Edward Morgan, of and in all and singular the customaryhold and copyhold messuages, lands, and tenements whatsoever, that I shall die seised of within the county of Monmouth, to the use and behoof of my said eldest son William Morgan, his heirs and assigns for ever.

My farther will and meaning is, that the said William Duke of Devonshire, Sir Edmond Probyn, Thomas Morgan, and John Hanbury, and the survivor of them and his heirs, shall stand and be seised of all and singular the messunges, farms, lands, tenements, and hereditaments whatsoever, and situate, lying, and being within the several parishes of Ushodgunlais, Ushodvelly, Vayner, Cantriff, Penderrin, in the said county of Brecon, and also all my messuages, farms, lands, tenements, and hereditaments, now or late in the several occupations of Lewellin, Edward and Thomas Powell, respectively tenants thereof, at the yearly rent of £37 19s. situate, lying, and being within the parish of Devynook, in the county of Brecon, immediately from and after all my debts, funeral expences, and legacies, and payments hereinafter mentioned, well and fully paid and discharged, and also all charges and expences as my said trustees and executors herein named be put to, be fully reimbursed and paid them in the execution of this my last will and testament, and the trust in them respectively reposed; to the use and behoof of my said youngest son Edward Morgan and his assigns, for and during his natural life, without impeachment of or for any manner of waste; and from and after his decease, to the use and behoof of the heirs male of the body of the said Edward Morgan, lawfully to be begotten, severally, respectively, and in remainder, the one after the other, as they and every of them shall be in priority of birth and seniority of age; and for default of such issue male, to the use and behoof of my said son William Morgan, for and during the term of his natural life, without impeachment of or for any manner of waste; and from and after the decease of my said son William Morgan, to the use and behoof of the heirs male of the body of my said son William Morgan, lawfully to be begotten, severally, respectively, and in remainder, the one after the other, as they and every of them shall be in priority of birth and seniority of age; and for default of such issue, to the use and behoof of such other son of mine lawfully begotten, as shall or may hereafter be born, for his life, without impeachment of or for any manner of waste; and from and after the decease of such after-born son, to the heirs male of his body lawfully