Page:The English Reports v1 1900.pdf/1446

ing him from certain tenements in London, mentioned in the declaration, to his damage of twenty pounds. The defendant pleaded the general issue, not guilty, whereupon issue was joined, and at the sittings in London, held on Friday the 11th of July 1783, the cause came on to be tried before William Earl of Mansfield, Chief Justice of the King's Bench, when the Jury found a special verdict to the tenor and effect following, to wit,

That Calvert Benn, in his life-time, and at the time of his death, was seised of and in several premises in the declaration mentioned in his demesne as of fee. That being so seised, he the said Calvert Benn, on the 24th day of April, in the year of our Lord 1760, made his last will and testament in writing, duly executed and attested, in the words following, to wit—I Calvert Benn, of Westmill in the county of Hertford, being of sound mind, [455] memory, and understanding, do make and declare this my last will and testament in manner and form following (after directing the manner of his funeral,) in these words, viz. As to the estate it bath pleased Almighty God to bless me with, I dispose of in manner herein after mentioned—I give and devise to my wife Ann Benn, two hundred pounds a-year during her natural life, which shall be in full for her dower, to be paid half-yearly, on the twenty-fifth of March, or the twenty-ninth day of September, which shall be the first that happens after my decease, to be paid to her, lawful money of England, without any deduction by means of any tax or imposition whatsomever: and as a security for the good payment of my estates, both copyhold and freehold, in the county of Hertford, and my freehold houses in London and Middlesex, she may enter and seize till she is fully paid; and all arrears, and costs and charges, without impeachment of waste, and none of the said estates but shall be kept in good repair, and insured from loss by fire to the full value, my executor accounting for the money he receives more than he pays. I appoint John Hagger the elder, to look after them, to preserve all young trees, and see the tenants do as they ought to do, and look after all my woods and gather the wood-money, for which let him be paid seven shillings a week; and if he fells any wood or trees, the common price for so doing. I give and devise to John Hagger the elder, provided he looks after the said estates and woods that was mine, the house where John Wallis lives, during his natural life, to be kept in repair at the expence of my executor. I give my wife all my household goods in my house in London taken in her name, and one hundred ounces of silver plate such as she chuses, and one chest of drawers in the room where she lies at Knights Hill. I give and devise to my daughter Ann Bailey, after the decease of my wife, forty pounds a-year, lawful money of England, during her natural life, to be paid out of my freehold houses in London and Middlesex, without any tax whatsoever, not to be in the power of this husband, or any after-taken husband, but solely for her own use. I give and devise to Benn Evans, son of Bridget Evans deceased, six shillings a week, and every week during his natural life, to be paid out of my London and Middlesex estates; also five pounds in money immediately after my decease, and his weekly pay to commence the first week after my decease. I give Ann and Mary, daughters of my daughter Ann Bailey, twenty pounds each to put them out to trades, and two hundred pounds each, lawful money of England, when they attain the age of twenty-four years; and if one of them should die before she attain the said age, then the other to have her share; if both die, then to the children of my daughter Elizabeth Margerum, share and share alike. As I have entered into partnership with Mr. Evan Pugh the elder, for fourteen years to come from the date thereof, and have agreed my son should come in at my decease, I revoke and make void that, and order the trade to be carried on in the name of Benn and Pugh, as it is now, [456] for the benefit of my estate; and what I give away shall not take place to the trade's hurt or damage, but paid out of the profits of the trade, or interest of money owing from Pugh to me, or any other money my executor may have in his hands. After the time is expired, the partnership to be dissolved, or carried on at the discretion of my executor. All my household goods, stock in trade, and all that is mine (linen excepted) which I give to my wife; all my wearing apparel I give to John Hagger at the discretion of my executor, all to be sold to the best bidder, unless there should be a crop on the ground, that to be immediately inned and thrashed out and sent to market, and sold, the crop being mine, without paying rent. If my daughter Mary Burford should have no share in the West Mill estate, then I give her two eldest children five hundred pounds each lawful money of England, when they attain the age of twenty-four years. I give my daughter Elizabeth Margerum fifteen