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JONES v. MORGAN [1774]
III BROWN.


such case, if it shall so happen, then I give and devise the remainder of all and singular my messuages, manors, royalties, advowsons, parks, lands, tenements, and hereditaments, whatsoever and wheresoever, with their and every of their appurtenances, and situate, lying, and being within the several counties of Monmouth and Glamorgan, and not herein and hereby devised, and the reversion and reversions, remainder and remainders of the same premises, to my said brother Thomas Morgan, for and during the term of his natural life, without impeachment of or for any manner of waste; but subject nevertheless to the several provisoes and payments mentioned and contained in my said marriage settlements bearing date the 14th day of May, in the year of our Lord 1723; and from and after the estate hereby last mentioned, limited to my said brother Thomas Morgan, I give and devise all and singular the said last mentioned premises, with their and every of their appurtenances hereby devised, to Thomas Lewis of St. Peer, in the county of Monmouth, Esquire, and Charles Van of Lanevern, in the said county of Monmouth, Esquire, and their heirs, for and during the natural life of my said brother Thomas Morgan, to the intent [334] to preserve and support the contingent uses and remainders herein after limited, (in case my two said sons, or any other son or sons of mine, hereafter to be born, shall happen to die without issue male of their bodies, or of the body of some or one of them, lawfully to be begotten,) but nevertheless, if it should so happen, in trust to permit my said brother Thomas Morgan to receive the rents, issues, and profits thereof, during his natural life; and from and after the decease of my said brother Thomas Morgan, then to be and remain to Thomas Morgan, the only son of my said brother Thomas Morgan, for and during the natural life of him the said Thomas Morgan the younger, without impeachment of or for any manner of waste; and after the determination of that estate, to the use and behoof of the said Thomas Lewis and Charles Van, and their heirs, during the natural life of the said Thomas Morgan the younger, upon trust to support the contingent uses and estates herein after limited, from being defeated and destroyed, and for that purpose to make entries and bring actions as the case shall require, but nevertheless to permit and suffer the said Thomas Morgan the younger, to receive and take the rents, issues, and profits of all the said premises, with their appurtenances, during his natural life; and from and after the decease of the said Thomas Morgan the younger, to the use and behoof of the first son of the body of the said Thomas Morgan the younger, and the heirs male of the body of such first son lawfully issuing; and for default of such issue, to the use and behoof of the second son of the body of the said Thomas Morgan the younger, and the heirs male of the body of such second son lawfully issuing; and for default of such issue, to the use and behoof of the third, fourth, fifth, sixth, seventh, eighth, ninth, and tenth son, and all and every other son and sons of the body of the said Thomas Morgan the younger, lawfully issuing, severally and successively, and in remainder, the one after the other, as they and every of them shall be in priority of birth and seniority of age, the elder of such son and sons, and the heirs male of his body issuing, to be always preferred and to take place before the younger of such son and sons; and for default of such issue, to the use and behoof of the second son of the body of my said brother Thomas Morgan, and the heirs male of the body of such second son lawfully issuing; and for default of such issue, to the use and behoof of the third, fourth, fifth, sixth, seventh, eighth, ninth, and tenth sons, and all and every other the son and sons of the body of my said brother Thomas Morgan, lawfully issuing, severally, successively, and in remainder, the one after the other, as they and every of them shall be in priority of birth and seniority of age, the elder of such son and sons and the heirs male of his body issuing, to be always preferred and to take place of the younger of such son or sons; and for default of such issue, to the use and behoof of [335] my right and next heirs for ever; and to and for none other use, intent, and purpose whatsoever.

Provided always, and my farther will and meaning is, that it shall and may be lawful to and for my said eldest son William Morgan, at any time during his natural life, to settle and convey in jointure or jointures, any part of my messuages, lands, tenements, and hereditaments, that he shall be hereafter in possession of, to any wife or wives, as he shall hereafter happen to marry, in such manner, and to such uses, limitations, intents, and purposes as he shall think fit; and by any deed or deeds, or by any other instrument in writing to be by him duly executed, in the presence of two or more credible witnesses, to charge all or any of the messuages,

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