Page:The English Reports v1 1900.pdf/1370

manors, royalties, lands, tenements, and hereditaments, with the appurtenances, for and with the payment or payments for raising of fortunes and portions, to and for any child or children as my said son William Morgan shall have of his body lawfully begotten, in such proportions, and to be raised and paid in such manner and sort, and at such times as he shall limit and appoint. And also my will and meaning is, that it shall and may be lawful to and for my said son Edward Morgan, or any other hereafter-born son of mine as aforesaid, and for every of them respectively, at any time or times, during their respective lives, to settle and convey in jointure or jointures any part of all my messuages, manors, lands, tenements, and hereditaments, that they or either of them respectively shall hereafter be in possession of, to any wife or wives as they or either of them shall happen to marry, in such manner and to such uses, limitations, intents, and purposes, as they or either of them respectively shall think fit; and by any deed or deeds, or by any other instrument in writing, to be by them either of them duly executed in the presence of two or more credible witnesses, to charge all or any of the messuages, manors, royalties, lands, tenements, and hereditaments, with the appurtenances, for and with the payment and payments for raising of fortunes and portions, to and for any child or children as my said son Edward Morgan, or any other after-born son of mine shall have of their respective bodies lawfully to be begotten, in such proportions, and to be raised and paid in such manner and sort, and at such times, as they or either of them shall hereafter be in possession of, shall limit and appoint.

And my farther will and meaning is, that it shall and may be lawful, to and for my said eldest son William Morgan, and my youngest son Edward Morgan, or any other after-born son of mine respectively, when they or either of them shall be in possession of my messuages, manors, lands, tenements, and hereditaments, or any part thereof, to grant any leases or grants, under their or either of their hands and seals respectively, of the said premises or any part thereof, for any [336] term or terms of years, not exceeding one and twenty years, or for the term of lives, not exceeding three lives; so as upon such leases or grants to be made and granted, there be reserved the accustomed and antient rents, any thing herein before contained to the contrary in any wise notwithstanding.

And my farther will and meaning is, and I do hereby signify and declare, that my devise herein before-mentioned, for the use and benefit of my said youngest son Edward Morgan, is, and shall be over and above the provision provided and granted for the benefit of my younger children, mentioned in my said marriage settlement; and my will and meaning is, that my said son Edward Morgan shall have the full benefit of the provision mentioned in my said marriage settlement, as one of my younger children, notwithstanding the said devise last mentioned for his benefit; any thing in the said marriage settlement contained and mentioned to the contrary in any wise notwithstanding.

Provided always, and my will, intent, and meaning is, that my said brother Thomas Morgan, and his son Thomas Morgan the younger, respectively, when they shall respectively be in possession of the said manors, messuages, lands, tenements, and hereditaments, or any part thereof, limited to them respectively, for the term of their respective lives, by virtue of the limitations herein mentioned, shall and may grant any lease or grant under their or either of their hands or seals, of the said premises, or any part or parts thereof, for any terin or terms of years, not exceeding one and twenty years, or for the term of lives not exceeding three lives, so as upon every such leases and grants to be made and granted, there be reserved the accustomed and antient rents.

Also I give and bequeath to my said eldest son William Morgan, all and singular my personal estate whatsoever, (and not herein before given and bequeathed,) that shall remain and be, over and above the payment of my debts, and funeral expences, and other payments herein before mentioned. And I do hereby nominate and appoint the said William Duke of Devonshire, my said dearly beloved wife, Sir Edmond Probyn, my said brother Thomas Morgan, and John Hanbury, Esqrs. guardians of such and so many of my children, as shall be under age at the time of my death; and I commit the whole care and management of my said children and their respective persons, education, estate, and fortunes, to their care and management, during their respective minority and I do hereby ordain, nominate, and