Page:The English Reports v1 1900.pdf/413

By indentures of lease and release of 13th and 14th May 1723, the release being of six parts, and made between William Morgan of Tredegar in the county of Monmouth, esq. (afterwards Sir William Morgan, knt.) of the first part; William Duke of Devonshire and Lady Rachel Cavendish, one of his daughters, of the second part; James Cavendish (commonly called Lord James Cavendish), brother of the Duke, and Henry Berkeley, esq. of the third part; William Cavendish, esq. (commonly called Marquis of Hartington) son and heir apparent of the Duke, and James Cavendish, esq. (commonly called Lord James Cavendish) second son of the Duke, of the fourth part; John Duke of Rutland and John Hanbury, esq. of the fifth part; and Thomas Lewis, Edmund Probyn, and Andrew Charlton, esqs. of the sixth part. In consideration of a marriage then intended and afterwards had between the said William Morgan and Lady Rachel Cavendish, and of 20,000l. paid to the said William Morgan by the Duke of Devonshire, as the marriage portion of Lady Rachel, and for other the considerations in the release mentioned, the said William Morgan did grant and release unto the said Lord James Cavendish (the brother) and Henry Berkeley and their heirs, several manors, lands, and hereditaments in the counties of Monmouth and Glamorgan, to hold to the said Lord James Cavendish (the brother) and Henry Berkeley, their heirs and assigns, to the use of the said William Morgan and his heirs, until the intended marriage should be had, and after the solemnization thereof, as to part of the said manors, lands, and premises therein particularly mentioned, to the use of the said William Marquis of Hartington and Lord James Cavendish (the son), their executors, administrators, and assigns, for the term of 100 years, upon trust to raise and pay the sum of 500l. a year to Lady Rachel for her separate use during the joint lives of herself and the said William Morgan, and subject to the term; as to the premises comprized therein after the determination thereof and subject thereto, and also as to all other the manors, lands, and premises therein before mentioned, to the use of the said William Morgan and his assigns for life, without impeachment of waste, remainder to trustees and their heirs during the life of the said William Morgan, upon trust to preserve contingent remainders. Remainder, as to the premises comprised in the said term of 100 years, to the intent that Lady Rachel and her [33] assigns should, after the death of the said William Morgan, receive for her life out of the said manor, lands and premises last mentioned, the yearly rent-charge of 2000l. for her jointure, to be payable half yearly, with the usual powers of distress and entry on non-payment thereof. And as to all the premises chargeable with the said yearly rent-charge, after the decease of the said William Morgan, and subject to the same charge, to the use of the said William Marquis of Hartington and Lord James Cavendish (the son), their executors, administrators and assigns, for the term of 99 years, without impeachment of waste, for further securing the rent-charge.

And as to certain other manors, lands, and premises in the county of Monmouth, after the death of the said William Morgan, to the use of the said John Duke of Rutland, Lord James Cavendish (the brother), Henry Berkeley, and John Hanbury, their executors, administrators, and assigns, for the term of 500 years, upon the trusts thereafter mentioned. And as to all the manors, lands, and promises thereby granted and released, after the determination of the several uses and estates