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lands, and that the Duke of Rutland, the surviving trustee of the 500 years term, might, on payment of what should appear to be due to the appellant Elizabeth for her portion, assign the said term as the plaintiffs should appoint; and that Lord George, Lord Frederick, and Lord John Cavendish, the trustees of the 1000 years term, might assign the same to attend the inheritance of the said freehold premises.

The appellant Elizabeth, by her answer to this bill, said, she believed, that after the customary estates in the manors therein mentioned were surrendered to the trustees therein named, no surrender was ever made from them, but that the legal estate thereof remained vested in their respective customary heirs, and that John Morgan being only entitled to the equitable interest in such customary estates, therefore the same never became freehold, nor were the customaryhold tenures suspended or extinguished in the hands of the said John Morgan, or of any other subsequent lord or owner of the said manors; that in consequence of the devises and directions of the will of the said John Morgan, whatever interest the said Thomas Morgan had in such customaryhold estates, he became and was a trustee therein for Sir William Morgan, and that Sir William held and enjoyed all the said customaryhold messuages and lands accordingly. But the appellant Elizabeth insisted, that by the devise in her father's will, of

all his freehold and customaryhold messuages, lands, tenements, and hereditaments whatsoever and wheresoever, and by him purchased since his intermarriage, and whereof he was seised in fee simple, or wherein he had any equity of redemp-[339]-tion, and which were situate, lying or being in the counties of Monmouth and Glamorgan, with their appurtenances, and also all and singular his 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, in trust to and for the uses, intents, and purposes therein mentioned;

no other estates whatsoever in the said counties of Monmouth and Glamorgan passed to the trustees, but only such as were purchased by the testator after his marriage. And she submitted to the judgment of the court, whether, by the said devise, the equitable estate and interest which the testator, at the time of making his will, had in the said copyhold and customary messuages, lands, and tenements, held of the manor of Brecon, passed to the trustees; especially if it should appear, that his freehold estates in the said county of Brecon, and his freehold and copyhold estates purchased by him after his marriage, together with his personal estate, not specifically devised, were exclusive of the said copyhold, messuages, lands, and tenements in the said manor of Brecon, more than sufficient to pay his debts and funeral expences. She likewise submitted, whether, as the testator by his will expressed it to be his intent and meaning,

that in case his said sons William Morgan and Edward Morgan, or any other son or sons of his lawfully to be begotten, thereafter to be born, should happen to die respectively, without any issue male of their bodies, or of the body of some of them, as aforesaid; and in such case, if it should so happen, then he gave and devised the remainder of all and singular his messages, 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 therein and thereby devised before, and the reversion and reversions, remainder and remainders of the said premises, to his 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 his said marriage settlement, with such remainders over as therein were mentioned

the said devise comprised and included the equitable estates and interests, which the testator, at the time of making his said will, had or was entitled to in possession to him and his heirs, of and in his customaryhold estates; and also, whether the devise not being to take affect but on failure of the testator's issue male generally, which implied a failure of issue male not only by his then wife Lady Rachael, but by any other wife whom he might, at the most remote distance of time after making the said will, happen to [340] marry, the said devise was not therefore more remote than the law allowed, and consequently void; especially if the court should be of opinion, that the said devise comprised and included the equitable estate and interest,