Page:The English Reports v1 1900.pdf/1371

appoint the said William Duke of Devonshire, my dear and well beloved wife Lady Rachael Morgan, and my brother. Thomas Morgan, to be executors of this my last will and testament.

Edward Morgan, the testator's younger son, died on the 7th of February 1743, an infant, of the age of 16 only, and without issue.

[337] William Morgan, the testator's eldest son, attained his age of 21, in 1746, and entered upon the said estates, and enjoyed the same during his life, and died on the 16th of July 1763, unmarried and intestate, and without having barred the intail created by the said settlement or will, leaving the appellant Elizabeth, his only sister and heir at law; her sister Rachael Morgan having died on the 11th of March 1738, an infant and unmarried; and the said Elizabeth attained her age of 21, on the 29th of March 1750.

Sir William Morgan being greatly indebted at his decease, more than his personal estate was sufficient to pay, Thomas Davies, and Thomas Panton, Esqrs. on behalf of themselves and the other creditors of Sir William, exhibited their bill in Chancery, against Lady Rachael Morgan the widow of Sir William, the said William Morgan and Edward Morgan, both then infants, and against the said Thomas Morgan, the brother of Sir William, and the Duke of Devonshire, Sir Edmond Probyn and John Hanbury, in order to have the trusts of Sir William Morgan's will performed, for payment of his debts, and for other purposes; and upon hearing that cause, before the Master of the Rolls, on the 26th of February 1731, his honour declared the will of Sir William Morgan to be well, proved, and that the same ought to be performed, and the trusts thereof established, and decreed the same accordingly; and several directions were thereby given, in pursuance whereof, and of other proceedings in the cause, the castle and manor of Brecon, and several other messuages, lands, and tenements, in the counties of Brecon, Monmouth, and Glamorgan, part of Sir William Morgan's estate, were conveyed to Samuel Savage, Esq. by way of mortgage, for securing £20,000.

John Duke of Rutland survived the other trustees, to whom the term of 500 years was limited by the settlement; and Lord George, Lord Frederick, and Lord John Cavendish, became the personal representatives of the survivor of the trustees of the term of 1000 years.

Upon the death of the said William Morgan, the son and heir of Sir William, without issue male, the said Thomas Morgan the brother of Sir William, immediately took attornments from all the tenants, and entered on the whole estate, both freehold and customaryhold; and on the 6th of May 1765 the said Thomas Morgan, together with Thomas and Charles Morgan his sons, preferred their bill in the Court of Chancery, against the appellant Elizabeth, the Duke of Rutland, Lord George, Lord Frederick, and Lord John Cavendish, stating the settlement of May 1723, and that Sir William Morgan was not tenant, nor seised of or entitled to any of the said customary lands or tenements, otherwise than under the trusts thereof declared as aforesaid; all the said customary estates having been surrendered to, and the legal estate therein vested in trustees and their heirs, long before the time of Sir William Morgan's making his said will (except as to a moiety of certain gavelkind lands within the manor [338] of Bassaleg, which had formerly belonged to William Morgan of Gray's Inn, if any such should appear to have been of such custom); and insisting, that there was no need of any surrender to the uses of Sir William Morgan's will, as to any of the said customary lands and tenements, of which he was not actually tenant, he not being capable of making such surrender, according to the custom of the said respective manors, and that the equitable estate therein was well devised by the will: and therefore the bill prayed, that the will of Sir William Morgan might be established, both as to the freehold and customary estates devised to the said Thomas Morgan the father for his life, with the several remainders over, as expressed by the said will; and that the appellant Elizabeth might deliver up on oath to the plaintiffs, or for their use, all such settlements, deeds, writings, books, papers, copies of court roll, and evidences, as any way concerned Sir William Morgan's real estates, which had come to her possession or power, and which did not immediately relate to the security of her portion; and might, upon payment of what should appear to be due to her for principal and interest of her said portion of £12,000, deliver up the possession of Sir William Morgan's marriage settlement, and all other deeds and writings relating thereto; and that the plaintiffs might by injunction be quieted in the possession and enjoyment of the said several customary messuages and