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PUGH v. GOODTITLE [1787]
III BROWN.

hundred pounds lawful money of England, when the partnership is dissolved, and not be in the power of this or any after-taken husband, but solely for her own use and benefit, and after her decease to be divided amongst her children share and share alike. I give my daughter Lydia Benn the interest of fifteen hundred pounds lawful money of England, after the partnership is dissolved, which shall be no more than three per cent. If she marries and hath children of her own lawfully begot, then to her own children after her decease, when they attain the age of 24 years, share and share alike, for want of children, then to the children of my daughters Ann and Elizabeth, share and share After all my personal estates that I have given, or may after give, is fully paid and satisfied, the residue of what may remain my executors shall lay out in a purchase for the education of my son's children, if he hath any, if none, then to the education of my daughters Ann and Elizabeth's children. My son shall have no power to handle any of my money, or have any thing to do with any of my goods and chattels of any kind. The remains of my personal estate, whether in money, or my executor hath made a purchase for want of female children, in my son to attain the age of 24 years of age, that they may have share and share alike; or if but one female, then to that; if none, then to the children of my daughters Ann and Elizabeth, when they attain the age of 24 years, share and share alike. As to my real estates after the decease of my wife,

I give and devise to the eldest son of my son begotten or to be begot, all my estates in London and Middlesex for his life, he being obliged to keep them in good repair, insure them from loss by fire, and pay the annuities left chargeable on them: the second son all my estates in the county of Hertford, for his life, subject to pay all the charges of a man I have appointed to look after them, keep them in good repair, insure them from fire, and so on in the same manner to all the sons my son may have; if but one son, then all the real estates to him for his life; and for want of heirs in him, to the right heirs of me Calvert Benn the testator, for ever, my son [457] excepted, it being my will he shall have no part of my estates either real or personal.

I give to John Hagger the elder, Henry Mole the elder, James Banks the elder, barber, ten pounds each, lawful money of England. I give to Henry Mole the elder, Philip Tew the elder, John Smith that did work for me, twenty shillings each to buy wood every 20th of December, old stile, during their natural life, and after their decease to the parish of Westmill, by the choice of a vestry, to three of the most deserving men that do not receive a constant or weekly pay from the parish, to be paid out of my copyhold estates in the manor of Great Munden, for ever; and for want of payment the parish may enter and seize till they are paid all arrears, and all charges, without impeachment of waste. All repairs that may be wanting to my grandfather's tomb at Westmill, my brother's and mine at Braughing, the family vault that is not to be buried in any more, to be kept all in good repair; and the charges that may ensue to be paid out of the rent of my brick-house farm Hormead Magna for ever. And as there is great impositions of lords of manors, and their stewards, I order my executor to try any matter or thing with any of them according to his own discretion, particularly with that of Great Hormead. I give to the poor of the parish of Westmill, live pounds, to be given in bread. I give to the poor of the parish of Braughing, five pounds, to be given in bread; forty shillings to every menial servant that lives with me at my house at Westmill, at the time of my decease. I constitute and appoint Rowland Sandeford, rector of Christ Church, London, sole executor of this my will, and give him six hundred pounds lawful money of England for the trouble he may have, and all reasonable expences; and if any money should be lost, he shall not be accountable for it, without wilfully done. If my executor should die before me, or after, before this will is done, then I constitute and appoint any son-in-law Samuel Margerum, and give him two hundred pounds for the trouble he may have, and all reasonable expences; and he shall not account for any money lost, without wilfully done. I revoke and make void all former wills by me made heretofore, and do publish and declare this only to be my last will and testament.

That the testator Calvert Benn, soon after making of his said will, that is to say, on the 23d of September 1770, died, seised of the said premises, without having revoked or altered his said will, leaving William Benn, his said eldest son and heir at law, and the said Ann, the wife of Morris Bailey, the said Elizabeth, the wife of Samuel Margerum, and the said Lydia, the wife of Thomas Davies, the lessors of the plaintiff, his three daughters by his said wife, him surviving, and no other issue.

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