Page:The English Reports v1 1900.pdf/711

order complained of, so far as it directed the evidence, on both sides to be entered as read, should be reversed; and that the respondent should be at liberty to apply to the Court of Chancery to re-hear the cause. And it was further ordered, that the appellants should be at liberty to withdraw their other appeal, without prejudice.^[1] (MS. Jour. sub anno 1774–5. p. 76.)

Thomas Greaves, being seised in fee, amongst other estates, of a farmhouse and homestead, at Bottisford in the county of Leicester, wherein he dwelt, and possessed of a leasehold messuage or tenement and divers closes of arable land, which he held under five several leases for lives, which had been granted by the chaplains and poor of the hospital of William Wigstone, of the town of Leicester, of the said William Wigstone's foundation, which were altogether of the yearly value of between £30 and £40, subject, as to the leaseholds, to reserved rents amounting to £11 5s. a year, made his will, dated the 18th of April 1729, and thereby, inter alia, gave and devised in the words following:

I give and bequeath unto my grandson Thomas Sansam, and unto his heirs for ever, my farmhouse and homestead in Bottisford, which I now dwell in; and also all the land and closes which I now hold under Wigstone hospital in Leicester, with all that I formerly bought of Richard Ward and Francis Sumner, to hold to him and his heirs [469] for ever, as soon as he shall accomplish his full age of twenty-one years; but in case he should happen to die before the said estate shall be enjoyed by him, or attain to the years aforesaid, that then my mind and will is, that my whole estate before-mentioned to return to my grandson Richard Sansam, and unto his heirs for ever; and if he happen to die, then to return unto my granddaughter Sarah Sansam, and unto her heirs for ever. Item, my will and mind is, that my son and daughter Mark and Ann Sansam shall peaceably enjoy all this my whole estate before-mentioned, until their sons shall come to attain the full age of twenty-one years, my son Mark Sansam paying out of the said estate £20 a year unto my loving wife Ann Greaves, during her natural life.

And after giving to his grandson Richard Sansam and his heirs, other lands, and to his granddaughter Sarah Sansam and her heirs, other lands, he gave to her a legacy out of Bottisford estate in these words: "And also £20 to be paid to her by my grandson Thomas Sansam out of the said estate, as soon as he shall come to accomplish his full age of twenty-one years."

The testator died in the year 1729, without revoking or altering his will, leaving the respondent, Robert Greaves, his eldest son and heir at law; and as Thomas Sansam, the devisee, was an infant at the time of the testator's death, the respondent Mark Sansam and Ann his then wife, by virtue of the testator's will, entered upon the farmhouse, homestead, and premises, which were devised to Thomas Sansam in manner above-mentioned, and continued in the possession thereof until the death of Thomas Sansam, and he paid the £20 a year to the testator's wife to the time of her death.

Richard Sansam, one of the devisees, died an infant, and without issue, in July 1732, being then only seven years of age.

Thomas Sansam, the other devisee, died on the 15th of August 1746, without issue, leaving the respondent, William Sansam, then an infant, his brother and heir at law, having lived to attain his full age of twenty-one; for he was born between the