Page:The English Reports v1 1900.pdf/1397

the 10th day of November 1763, agreed to sell and convey to George Foster Tuffnell, Esq. in consideration of £27,000, which was to be paid on completing the said purchase, did on the 21st day of May 1764, duly make, execute, and publish his last will and testament in writing, in the presence of, and attested by three witnesses, in the presence of the said Sir Brian, in the words following:

This is the last will and testament of me, Sir Brian Broughton Delves, of Broughton in the county of Stafford, Bart. of which will I have caused two parts to be written, both of the same tenor, words, and form. I give, devise, and bequeath unto my wife, Lady Mary Delves, her heirs, executors, and administrators respectively, all that my dwelling-house situate in Upper Brook-street, near Grosvenor Square, in the county of Middlesex, with all and every the appurtenances, and also all such share and interest, as at the time of my decease I shall be possessed of or intitled to in the public stocks or funds, and also all and singular my jewels, trinkets, plate, linen, pictures, china, houschold goods, and furniture whatsoever, and all my horses of every kind, and such three of my carriages as my wife shall choose, and all my estate, right, title, and interest in and to the same respectively, to hold the same unto my said wife Lady Mary Delves, her heirs, executors, and administrators respectively, to and for her and their own proper use and benefit. Also I give, devise, and bequeath unto my said wife and her heirs, to and for her and their own proper use and benefit, all the manors, messuages, advowsons, farms, lands, tenements, hereditaments, and real estate whatsoever, situate and being in the county of Hants, for the purchase whereof I have already contracted and agreed, with all and every of the appurtenances, and all my right, title, and interest in and to the same; or in lieu thereof, the whole money arising from or by the sale of all my real estates in the county of Lincoln, and such further sum and sums of money, as together with the money arising by such sale, shall be sufficient to enable my said wife or her heirs, to complete the several contracts I have made as aforesaid for the purchase of the said estate and premises in the county of Hants; in trust nevertheless to complete such purchases, and to procure and take conveyances of the same estates in the county of Hauts, to her and their own proper use and benefit. Also I give and devise unto Edward Kynaston, of Hardwick in the county of Salop, Esq. and John Chambre, of Petton in the same county, Esq. and their heirs and assigns, all and singular my manors, messuages, advowsons, farms, lands, tenements, tithes, hereditaments, and real estate whatsoever, situate, arising, and being in the counties of Stafford and Chester, or either of them, and all my estate, right, title, and interest in and to the same; to hold the same [379] unto the said Edward Kynaston and John Chambre, their heirs and assigns, to and for the several uses, intents, and purposes herein after declared or expressed concerning the said premises, (that is to say,) to the use, intent, and purpose, that Charles Shrimpton, of Upper Clatford in the county of Hants, and his assigns, shall and may have, receive, and take, for and during the term of his natural life, one rent-charge or yearly sum of £20 of lawful money of Great Britain, to be issuing out of the said last-mentioned premises, free and clear of and from all parliamentary and other taxes, and all deductions and abatements whatsoever, and to be paid quarterly at the four most usual feasts or days of payment in the year, (that is to say,) the feast of St. Michael the Archangel, the birth of our Lord Christ, the Annunciation of the Blessed Virgin Mary, and the Nativity of St. John the Baptist, by even and equal portions; the first payment thereof to begin and be made on such of the said feasts, as shall first and next happen after my decease and to this further use, intent, and purpose, that so often as the said rent-charge, or yearly sum of £20 shall happen to be behind and unpaid, in part or in all, by the space of 21 days next after any of the said feast days, whereon the same ought to be paid as aforesaid, that then and so often, and from time to time it shall and may be lawful, to and for the said Charles Shrimpton, and his assigns, into and upon the said promises, out of which the said rent is to be issuing as aforesaid, or any part thereof, to enter and distrain, and the distress and distresses then and there found, to take, lead, drive, carry away, and impound, and in pound to detain and keep, and otherwise to demean therein according to law, until the said rent-charge, or such part thereof as shall be then in arrear, and all costs and charges sustained by reason of the non-payment thereof, shall be fully satisfied and paid; and, subject to the said rent-charge or yearly sum of £20 to the use and behoof of my brother Thomas Delves, Esq. and his assigns, for and during the term of his natural life; and from and after