Jane Elizabeth Harley, to the use of the said Thomas Briggs and Thomas Carter Briggs, their heirs and assigns, during the life of the said Lady Jane Elizabeth Harley, in trust for her and her assigns, and by the usual means to preserve the contingent uses and estates hereinafter limited from being defeated or destroyed; and after the decease of the said Lady Jane Elizabeth Harley, to the use of the first and every other son of the said Lady Jane Elizabeth Harley, severally and successively, according to his respective seniority, in tail male; and in default of such issue, to the use of my youngest daughter, the Hon. Frances Harley, commonly called Lady Frances Harley, and her assigns, during her life, without impeachment of waste; and immediately after the determination of that estate by forfeiture or otherwise, in the lifetime of the said Lady Frances Harley, to the use of the said Thomas Briggs and Thomas Carter Briggs, their heirs and assigns, during the life of the said Lady Frances Harley, in trust for her and her assigns, and by the usual means to preserve the contingent uses and estates hereinafter limited from being defeated or destroyed; and after the decease of the said Lady Frances Harley, to the use of the first and every other son of the said Lady Frances Harley, severally and successively, according to his respective seniority, in tail male; and in default of such issue, to the use of the said Thomas Briggs and Thomas Carter Briggs, their heirs and assigns, during the life of my said second daughter, the Hon. Charlotte Mary Bacon, the wife of Anthony Bacon, Esq., a general in the Portuguese army, and commonly called Lady Charlotte Mary Bacon, without impeachment of waste, upon trust to preserve the contingent uses and estates hereinafter limited from being defeated or destroyed, and upon trust that they, the said Thomas Briggs and Thomas Carter Briggs, and the survivor of them, and the heirs and assigns of such survivor, do and shall, during the joint lives of the said Anthony Bacon and Lady Charlotte Mary Bacon his wife, pay the rents and profits of the said manors, hereditaments and premises herein before devised to such person or persons, and for such intents and purposes as the said Lady Charlotte

Mary Bacon, by any writing under her hand, shall from time to time direct or appoint, but not so as to deprive herself of the benefit thereof by sale, mortgage, charge, or otherwise, in the way of anticipation; and in default of and until such direction or appointment, into her own proper hands, for her own sole and peculiar use and benefit, independently and exclusive of her husband, and without being in anywise subject to his debts, controul, interference or engagements; and the receipt or receipts of the said Lady Charlotte Mary Bacon, or of such person or persons as she shall from time to time appoint to receive the said rents and profits, shall alone be a good and effectual discharge, or good and effectual discharges, for the same, or for so much thereof as in such receipt or receipts shall be expressed to be received; and if the said Anthony Bacon shall depart this life in the lifetime of the said Lady Charlotte Mary Bacon his wife, then upon trust that the said Thomas Briggs and Thomas Carter Briggs, and the survivor of them, and the heirs and assigns of such survivor, do and shall, after the decease of the said Anthony Bacon, pay the rents and profits of the said manors, hereditaments and premises herein before devised, to, or permit the same to be received by, the said Lady Charlotte Mary Bacon and her assigns during the then remainder of her life; and immediately after the decease of the said Lady Charlotte Mary Bacon, whether she shall survive her said husband or not, the said manors, hereditaments and premises herein before devised shall remain and be to the use of the first and every other son of the said Lady Charlotte Mary Bacon, severally and successively, according to his respective seniority, in tail male; and in default of such issue, to the use of my third daughter, the Hon. Anne Harley, commonly called Lady Anne Harley, and her assigns, during her life, without impeachment of waste; and immediately after the determination of that estate, by forfeiture or otherwise, in the lifetime of the said Lady Anne Harley, to the use of the said Thomas Briggs and Thomas Carter Briggs, their heirs and assigns, during the life of the said Lady Anne Harley, in trust for her and her assigns, and by the usual means to preserve the contingent

uses and estates hereinafter limited from being defeated or destroyed; and after the decease of the said Lady Anne Harley, to the use of the first and every other son of the said Lady Anne Harley, severally and successively, according to his respective seniority, in tale male; and in default of such issue, to the use of my own right heirs for ever. Provided always, and I do hereby declare, that every person who by virtue of the limitations hereinbefore contained, or of this proviso, shall become entitled to the possession or to the receipt of the rents and profits of the manors, hereditaments and premises hereinbefore devised, and who shall then not use the surname of Harley, and bear the arms of Harley, shall and do, within the space of one year next after she or he shall so become entitled as aforesaid, and also every person whom any female so becoming entitled as aforesaid hath married or shall marry shall and do, if such female shall be married at the time of her becoming so entitled as aforesaid, within the space of one year next after she shall become entitled as aforesaid, but if such female shall not be married at the time of her becoming so entitled as aforesaid, but shall afterwards marry, then within the space of one year next after the solemnization of such marriage, take upon herself and himself, and use in all deeds and writings whereto or wherein she or he shall or may be party, and upon all other occasions, the surname of Harley, and no other surname, and also shall and do bear the arms of Harley, and no other arms, and shall and do within the said space of one year apply for and endeavour to obtain an act of parliament or proper licence from the Crown, or take such means as may be requisite and proper, to enable or authorize her or him to take the surname and bear the arms of Harley. And I do hereby further declare, that in case any such person or persons shall neglect or refuse within the said space of one year to take, use and bear such surname and arms, or to take such proper steps and means as may be requisite to enable and authorize her, him or them so to do, or shall at any time afterwards discontinue to use and bear such surname and arms, then and in every such case, immediately after the expiration of the said space of one

year, or upon such discontinuance as aforesaid (as the case may be), if the person who, or whose husband, shall so for the time being neglect, refuse or discontinue as aforesaid, shall, under the limitations herein before contained, be, either by herself or together with her husband, a tenant for life, the limitation herein before contained to the use of or in trust for such person and her assigns during her life shall absolutely cease and determine, and the manors, hereditaments and premises of which the person who, or whose husband, shall so for the time being neglect, refuse or discontinue, shall, either by herself or together with her husband, be tenant for life under the limitations herein before contained, shall immediately thereupon go to the person or persons next in remainder under the said limitations, precisely in the same manner as if the person who, or whose husband, shall so for the time being neglect, refuse or discontinue were then actually dead, subject nevertheless to the use or estate, or uses or estates, if any, which may have been previously limited, in exercise of the power of leasing hereinafter contained; and if the person who shall so for the time being neglect, refuse or discontinue as aforesaid shall, under the limitations herein before contained, be tenant in tail male, then the limitation, under which the person who shall neglect, refuse or discontinue shall be tenant in tail male, shall absolutely cease and determine, and the manors, hereditaments and premises of which the person who shall so for the time being neglect, refuse or discontinue, shall be tenant in tail male under the limitations herein before contained, shall immediately thereupon go to the person or persons next in remainder under the said limitations, precisely in the same manner as if the person who shall so for the time being neglect, refuse or discontinue were then actually dead, without issue entitled or inheritable under the limitation which shall so cease, subject nevertheless to the use or estate, or uses or estates, if any, which may have been previously limited in exercise of the power of leasing hereinafter contained. Provided always, and I do hereby declare, that if at any time there shall, by reason of the expiration, failure, cesser or determination of any of the pre

vious uses or estates herein before limited, be a suspense or contingency of the then next immediate expectant remainder, then and in every such case, and so often as the same shall happen, the manors, hereditaments and premises in respect of which any previous use or estate shall so for the time being expire, fail, cease or determine, shall be and remain to the use of the said Thomas Briggs and Thomas Carter Briggs, their heirs and assigns, during every such suspense or contingency as aforesaid, in trust, by the usual means, to preserve the contingent uses and estates herein before limited from being destroyed; and upon this further trust, to receive the rents and profits of the said manors, hereditaments, and premises, and pay the same to the person or persons then for the time being entitled to the first vested estate in the said manors, hereditaments and premises. Provided nevertheless, that if the persons or person entitled to the first vested estate shall be the persons or person to whose use the said manors, hereditaments and premises are herein before limited during the life of the said Lady Charlotte Mary Bacon, or their assigns, or the survivor of them, or the heirs or assigns of such survivor, then and in such case the rents and profits which, during the period of suspense or contingency, shall arise from the said manors, hereditaments and premises, or so much of such period as the said Lady Charlotte Mary Bacon shall be living, shall be applied and disposed of, upon and for the same trusts, intents, and purposes, in favour or for the benefit of the said Lady Charlotte Mary Bacon, but while under her present coverture, with, under and subject to the same powers, conditions and restrictions as are herein before expressed and declared of and concerning the rents and profits of the said manors, hereditaments and premises during the life of the said Lady Charlotte Mary Bacon. Provided always, and I do hereby further declare, that if any person who, under the provision hereinbefore contained, shall for the time being be required to take and use the surname of Harley, and to bear the arms of Harley, shall, at the time when he ought so to do, be under the age of twenty-one years, then and in every such case he shall be at liberty to

postpone the time of taking, using and bearing such surname and arms to the end of twelve calendar months after he shall have attained the age of twenty-one years."

Then followed a direction for the accumulation of rents during the minorities of tenants in tail by purchase, when entitled, under the limitations hereinbefore contained, to the possession, or to the receipt of the rents and profits, of the manors, hereditaments and premises hereinbefore devised. Then trusts of the term of 500 years were declared, being trusts for raising money, in aid of the personal estate, to pay debts and legacies. The will then proceeded :

"Provided always, and I do hereby further declare, that it shall be lawful for each of my said daughters when by virtue of this my will she shall be in the actual possession of the manors, hereditaments and premises hereinbefore devised, or entitled to the rents and profits thereof, and if a feme covert, notwithstanding her coverture, and during the minority of the son of any one of my said daughters, when by virtue of this my will such son shall be in the actual possession of the said manors, hereditaments and premises, or entitled to the rents and profits thereof, for the said Thomas Briggs and Thomas Carter Briggs, or the survivor of them," &c. to lease in the ordinary form. "Provided always, and I do hereby declare, that it shall be lawful for the said Thomas Briggs and Thomas Carter Briggs, and the survivor of them, and the executors or administrators of such survivor, at the request of my daughter who by virtue of this

my will shall be in the actual possession of the manors, hereditaments and premises hereinbefore devised, or entitled to the rents and profits thereof, and if a feme covert, notwithstanding her coverture, every such request to be testified by some writing under the hand of the daughter for the time being making the same, and also during the minority of any son of any one of my said daughters, when by virtue of this my will such son shall be in the actual possession of the said manors, hereditaments and premises or entitled to the rents and profits thereof, for the said Thomas Briggs and Thomas Carter Briggs, or the survivor of them," &c. to sell or exchange, and for those purposes to revoke the uses in the ordinary form. And the testator directed

that the trustees should apply the monies arising from a sale or exchange "in or towards satisfaction of the sum or sums which shall then affect the manors, hereditaments and premises herein before devised or any of them, or any part thereof, and shall lay out the residue of such monies, if any, in the purchase of any other lands and hereditaments in possession in England or Wales, of a clear and indefeasible estate of inheritance in fee simple, whereof any part, not exceeding one-fourth part in any one purchase, may be copyhold or customary estate of inheritance, so that every such purchase be approved of in writing by and under the hand of the person who would for the time being be entitled under this my will to the possession or to the receipt of the rents and profits thereof if the same were then actually purchased and settled, if such person shall have attained the full age of twenty-one years; but if such person shall be under the age of twenty-one years, then every such purchase shall be made at the discretion of the said Thomas Briggs and Thomas Carter Briggs, or the survivor of them, or the executors or administrators of such survivor; and that the said Thomas Briggs and Thomas Carter Briggs, and the survivor of them, and the executors or administrators of such survivor, shall settle the lands and hereditaments so to be purchased, or to be received for equality of exchange, to the uses, upon the trusts, and with, under and subject to the powers, provisoes and declarations herein before expressed and contained of and concerning the hereditainents and premises, the uses of which shall be so revoked as aforesaid, or as near thereto as the nature and quality of the said estates and intervening circumstances will then admit of."

The testator then continued:-" I give and devise all the copyhold or customary messuages, lands, tenements and hereditaments, whatsoever and wheresoever, of or to which I, or any other person or persons in trust for me, am, is, or are seised or entitled for an estate of inheritance, in possession, reversion or remainder, or which by virtue of any special power I am enabled to appoint or dispose of by this my will, with their appurtenances, to the use of the said Thomas Briggs and

Thomas Carter Briggs, their heirs and assigns, to hold the same at the will of the lord or lords of the manor or manors of which the same are held, by the rents and services therefore due and of right accustomed, subject to the charges and incumbrances, and prior estates and interests, to which the same or any of them may be subject at the time of my decease, but nevertheless upon and for such trusts, intents and purposes, and with, under and subject to such powers, provisoes and declarations, as, regard being had to the different natures of the respective properties, will best or nearest correspond with the uses, trusts, intents, purposes, powers, provisoes and declarations herein before expressed and contained of and concerning the freehold manors, hereditaments and premises herein before devised.

"I give and devise all my leasehold messuages, lands, tenements, tithes and hereditaments, whatsoever and wheresoever, with their appurtenances, unto the said Thomas Briggs and Thomas Carter Briggs, their executors, administrators and assigns, for the respective estates, terms and interests which I shall have therein at the time of my decease, subject to the rents and covenants respectively reserved and contained in the leases of the said leasehold premises, upon trust to renew, and upon trust to accumulate the rents for twentyone years to pay renewal fines, and to invest the residue and pay interest on mortgages of leaseholds made to pay fines.

"And I do hereby declare, that, subject to the trusts herein before declared, the said trustees or trustee for the time being shall stand and be possessed of the said leasehold messuages, lands, tenements, tithes and hereditaments herein before given, devised and bequeathed during the continuance of the leases for which the same shall be respectively held, either at the time of my decease, or by virtue of the trusts for renewal herein before contained, upon and for such trusts, intents and purposes, and with, under and subject to such powers, provisoes and declarations, as, regard being had to the difference in the nature and quality of the respective properties, will best or nearest correspond with the uses, trusts, intents, purposes, powers, provisoes and declarations herein before expressed

and contained of and concerning the freehold manors, hereditaments and premises herein before devised, or as near thereto as circumstances will admit of. Provided nevertheless, that for the effect or purpose of transmission, the said leasehold premises shall not vest absolutely in any person who, under the limitations herein before contained, shall be tenant in tail male of the manors, hereditaments and premises herein before devised, and who shall be a son of any one of my said daughters, unless or until he shall attain the age of twenty-one years, or depart this life under that age leaving issue inheritable to his estates tail living at the time of his death, or born in due time after. I give and bequeath all my household goods, plate, linen, glass, china, books, pictures and furniture of all descriptions, in my house at Eywood or elsewhere, to such one of my said daughters as under this my will shall become first entitled to the actual possession, or to the receipt of the rents and profits, of the freehold manors, hereditaments and premises herein before devised. And I give and bequeath all the arrears of rent which shall be due to me at the time of my decease, and all the residue of my personal estate and effects, whatsoever and wheresoever, but subject to the payment of my just debts, funeral and testamentary expenses, and pecuniary legacies, unto and amongst all such of my said daughters as shall be living at my decease, equally to be divided between them, except such one of my said daughters as under this my will shall become first entitled to the actual possession, or to the receipt of the rents and profits, of the freehold manors, hereditaments and premises herein before devised."

The

Thomas Briggs and Thomas Carter Briggs were appointed executors. testator made a codicil, dated the 12th of May 1845, in the words following:

"This is a codicil to be added to and taken as part of the last will and testament of me, the Right Hon. Edward Earl of Oxford and Earl Mortimer. Whereas, since the execution of my will, dated the 19th of March 1835, my eldest daughter, Lady Jane Elizabeth Harley, intermarried with, and is now the wife of, the Right Honourable Henry Lord Langdale, and the issue of NEW SERIES, XXVI.-CHANG.

such marriage has been one daughter, the Honourable Jane Frances Bickersteth; and whereas, since the date and execution of my said will, my youngest daughter, Lady Frances Harley, intermarried with, and is now the wife of, Henry Vernon Harcourt, Esq., but there is not at present any issue of such marriage; and whereas, since the date and execution of my said will, my third daughter, Lady Anne Harley, intermarried with Signor Giovanni Battista Rabitti Count St. George, who has since departed this life, leaving the said Lady Anne St. George his widow, and three children by him, surviving: now I, the said Earl, do hereby give and devise all the freehold manors, messuages, lands, tenements, tithes and hereditaments comprised in and devised by my said will, but subject to the charges and incumbrances referred to in my said will, and also to all the limitations and trusts declared and contained in my said will prior to the limitation to the use of my said youngest daughter, Lady Frances Harcourt, for her life, to the uses in manner following; that is to say, to the use of the said Jane Frances Bickersteth, my granddaughter, during her life, without impeachment of waste; and immediately after the determination of that estate, by forfeiture or otherwise, in the lifetime of the said Jane Frances Bickersteth, to the use of Thomas Briggs and Thomas Carter Briggs, the trustees named in my said will, their heirs and assigns, during the life of the said Jane Frances Bickersteth, in trust for her and her assigns, and by the usual means to preserve the contingent uses and estates hereinafter limited from being defeated or destroyed; and after the decease of the said Jane Frances Bickersteth, to the use of the first and every other son of the said Jane Frances Bickersteth severally and successively, according to his respective seniority, in tail male; and in default of such issue, then to the same uses and upon the same trusts in favour and for the benefit of my youngest daughter, Lady Frances Harcourt, and her issue male, as are in my said will expressed and declared of and concerning the same; and subject thereto to the use of my said daughter Jane Elizabeth Lady Langdale, her heirs and assigns for ever. And I do

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