Page:The English Reports v1 1900.pdf/414

therein-before respectively limited, to the use of the first and other sons of the said William Morgan, on the body of Lady Rachel to be begotten, successively in tail male; remainder, as to the premises comprized in the term of 500 years, to the use of the said William Marquis of Hartington, Andrew Charlton, Thomas Lewis, and Edmund Probyn, their executors, administrators, and assigns, for the term of 1000 years, upon the trusts therein mentioned; remainder, as to the whole estate, to the use of the said William Morgan, his heirs and assigns.

And the trusts of the said term of 500 years wore thereby declared to be, in the first place, for indemnifying the manors, lands, and premises thereby charged with the annual rent-charge of 2000l. to Lady Rachel for her jointure, from all annuities and charges affecting the same; and subject thereto, in case there should be any issue male, and also one or more child or children of the marriage, that the trustees should after the death of the said William Morgan, out of the rents and profits, or by sale or mortgage of the premises comprized in the said 500 years term, or by sale of timber, raise the following sum and sums for the portion and portions of such child or children, not entitled to the freehold of the premises expectant on the determination of the said term of 500 years; (that is to say,) if only one such child, the sum of 12,000l.; if only two such children, the sum of 16,000l.; and if three or more such children, the sum of 18,000l. to be equally divided among them; the portions of sons to be paid at the age of 21, and of daughters at the age of 21 or marriage; and in the mean time, after the decease of the said William Morgan, until the portions should become payable, to raise, out of the rents and profits of the premises limited for the said term of 500 years, such yearly sums for the maintenance and education of daughters and younger sons, as thereinafter mentioned; (that is to say,) if only one such daughter or younger son, the yearly [34] sum of 350l. until the age of 12 years, and after that age, the yearly sum of 480l. until his or her portion should become payable; and if there should be two such children, then the yearly sum of 200l. a-piece, until the age of 12 years, and after that age, the yearly sums of 350l. a-piece, until their respective portions should become payable; and if there should be three or more such children, then to every one of them the yearly sum of 150l. until the age of 12 years, and from that time 250l. a-piece, until their respective portions should become payable. And the trusts of the term of 1000 years were declared to be to raise certain portions therein specified for daughters, in case of no issue male of the marriage, or being such issue male, all of them should die without issue male before the age of 21, and there should be one or more daughter or daughters.

And by the said indenture of release certain leasehold premises (viz. the manor of Peterstone in the said county of Monmouth) and other premises held by lease for a term of years under the dean and chapter of Bristol, were by the said William Morgan assigned to the said Lord James Cavendish (the brother) and Henry Berkeley, in trust after the death of the said William Morgan for the better securing the said yearly rent-charge of 2000l.

The marriage was soon afterwards had, and there was issue thereof two sons, William and Edward, and two daughters, Rachel and the respondent Elizabeth, the wife of the respondent William Jones.

William Morgan (afterwards Sir William Morgan) died on the 24th of April 1731, having first duly made and published his will, dated the 3d of April, whereby (among other things) he declared his will to be, That in case his sons William and Edward, or any other son or sons of his thereafter to be born, should die without issue male, in such case he gave and devised the remainder of all his messuages, manors, lands, and hereditaments in the counties of Monmouth and Glamorgan, and not therein-before devised, to his brother Thomas Morgan for his life, without impeachment of waste, subject to the several provisoes and payments mentioned in his marriage settlement; remainder to trustees, to preserve contingent remainders; remainder to Thomas Morgan, the son of his said brother, for his life, without impeachment of waste; remainder to the first and other sons of the said Thomas Morgan the younger, successively in tail male; remainder to the second and other sons of his brother Thomas Morgan, successively in tail male; remainder to his own right heirs.

Upon the death of Sir William Morgan, the rent-charge of 2000l. a year, secured to Lady Rachel, became payable from Lady-day 1731.