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the determination of that estate, by forfeiture or otherwise, to the use and behoof of the said Edward Kynaston and John Chambre, and their heirs, for and during the natural life of my said brother, in trust by the usual ways and means, to preserve the contingent uses and remainders herein after limited, from being defeated; but nevertheless, to permit and suffer my said brother and his assigns, to receive and take the rents, issues, and profits of the same premises, to his and their own use during his life; and from and after his decease, to the use and behoof of the 1st, 2d, 3d, 4th, 5th, and all and every other the son and sons of the body of my said brother lawfully begotten, severally and successively in remainder, one after another, as they shall happen to be in priority of birth and seniority of age; and the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing, so as that the elder of such [380] sons, and the heirs male of his body, shall be always preferred, and take before the younger of the same sons, and the heirs male of his and their respective body and bodies; and for default of such issue, to the use and behoof of my cousin John Broughton, late major and commandant of his Majesty's one hundredth regiment of foot, his heirs and assigns for ever; and to and for no other use, intent, or purpose whatsoever. Provided always, and my will is, and I do hereby declare, that it shall and may be lawful to and for my said brother, to make such lease or leases of the said premises so limited in use to him for his life as aforesaid, or any part thereof, as tenants in tail, by virtue of and under a statute made and passed in the 32d year of King Henry VIII. are enabled to make; and also to make such jointure and provision for any wife and children, as he in his discretion shall think fit. Provided also, and I do hereby further declare my will to be, that my said brother, and the heirs male of his body, shall, from and after my decease, assume, take, and use the sirname of Broughton only, and no other sirname, and totally relinquish the sirname of Delves; and shall use his utmost endeavours as soon as conveniently may be after my decease, to obtain an act of parliament for that purpose; or on neglect thereof, by the space of two whole years next after my decease, my said manors, messuages, advowsons, farms, lands, tenements, tithes, and hereditaments, so limited in use to my said brother for his life, as aforesaid, shall go, remain, and be to the use of such person or persons, for such estate and estates, and in such manner as by virtue of the limitations herein before contained, the same would go and remain, in case my said brother was then naturally dead. Also, I give and bequeath unto my said cousin, Major John Broughton, the sum of £3000, and to my brother-in-law Noel Hill, Esq. as a testimony of the great regard and friendship I have for him, the sum of £2000, and also all such sum and sums of money as he shall or may owe to me at the time of my decease. Also I give and bequeath unto such of my servants as shall live with me at the time of my decease, the sum of £20 apiece over and above the wages which shall then be due to them respectively; and all the rest, residue, and remainder of my goods, chattels, and personal estate, whatsoever and wheresoover, (after and subject to the payment of my just debts and funeral expences,) I give and bequeath to my said brother Thomas Delves, his executors, administrators, and assigns, to and for his and their own proper use and benefit. And I do hereby nominate, constitute, and appoint the said Edward Kynaston and John Chambre, executors of this my last will and testament, and desire their acceptance of the sum of £100 apiece for their trouble. And lastly, hereby revoking all former and other wills by me at any time heretofore made, I declare this to be my last will and testament.

[381] That at the time of making the said will, the said several articles of the 13th of June, and the 30th of October 1763, were in force, and remained to be carried into execution. And that since the death of the said Sir Brian, the respective premises comprised in the said articles, had been conveyed to or in trust for the said Dame Mary his widow, and her heirs, in consequence of the said will. That the said Sir Brian was not, when he made and executed his said will, seised of any advowson, tenement, or hereditament in the said county of Southampton, except the said advowson of the said church of Mottisfont, alias Mottson, East Dean, and Lockerley, and the premises comprised in the said conveyance of the 10th of February 1764; nor had he, at the time of making his said will, contracted or agreed for the purchase of any manor, messuage, advowson, farm, land, tenement, or hereditament in the said county of Southampton, which rested in contract, and remained uncompleted, other than and except