tion of the his faid term therein being not expired; and still keeps him out of the poffeffion thereof to his damage of 20l.

former will? [It shall not: fee ante at the end of the

The defendant pleaded not guilty; and iffue being joined cafe, p. 516.] thereon, this caufe came on to be tried before Lord Chief Juftice De Grey, at the fitting in Weftminfier-hall after Eafter term in the twelfth year of his present Majefty, when the jury found the following special verdict, viz.

Special verdict.

The jurors upon their oath fay, That by certain indentures of leafe and releafe duly executed, the faid leafe bearing date the day before the day of the date of the faid releafe, and the release being tripartite and bearing date the 3d day of April 1688, and made between John Lacy of Tottenham High Crofs in the county of Middlefex Efq. of the firft part, Edward Rudge of London merchant of the fecond part, and John Gardiner Efq. Edmund Dethick merchant, John Pepys gentleman, and John Hardesty gentleman, of the third part, the faid John Lacy in confideration of a marriage then intended, and which was afterwards duly had and folemnized between him and Sufanna Rudge, eldest daughter of the faid Edward Rudge, and of the fum of 4000! the marriage portion of the faid Sufanna, did grant and convey to the faid John Gardiner, Edmund Dethick, John Pepys, and John Hardesty, and their heirs, divers freehold meffuages, lands, tenements and hereditaments in the counties of Effex and Cam bridge therein mentioned, to hold them the faid J. G. E. D. 7. P. and J. H. and their heirs to the ufes following, that is to fay, from and after the folemnization of the faid marriage to the ufe of the faid John Lacy and his affigns for his life, without impeachment of wafte, with remainder to trustees to preserve contingent remainders, remainder to the faid Sufanna and her alligns for her life; and from and after the feveral deceases of the faid John Lacy and Sufanna, then to the ufe of the first fon and all and every other the fon and fons of the body of the faid John Lacy on the body of the faid Sufanna to be begotten fucceffively, and the heirs-male of fuch firft and other fons fucceffively law. fully iffuing; and for default of such iffue, then to the use of all and every the daughter and daughters of the body of the faid John Lacy, on the body of the faid Susanna to be begotten, and the heirs of their refpective bodies as tenants in common, and not as joint-tenants, if there fhould happen to be more than two fuch daughters living at the time of the failure of fuch iffuemale; but if there thould happen to be but one or two fuch daughters then living, then to the ufe of the faid J. G. E. D. 7. P. and J. H. their executors, adminiftrators and alligns, for the term of five hundred years upon truft, if there thould happen to be but one fuch daughter living at the time of the failure of

fuch

fuch iffue-male, then to raise thereout the fum of 4000l. for the portion of fuch one daughter to be paid her at her age of eighteen years or day of marriage, which should first happen, with intereft for her maintenance in the mean time; and in cafe there fhould be two fuch daughters then living, then upon truft to raise the fum of 6000l. for the portions of fuch two daugh ters equally to be divided between them fhare and fhare alike, and to be paid to them refpeftively at their ages of eighteen years or marriage which fhould first happen, with intereft for their maintenance in the mean time; and from and after the determination of the faid term of five hundred years, then to the ufe of the right heirs of the faid John Lacy for ever.

That by a private act of parliament made and passed in the feventh year of the reign of her late Majefty Queen Ann, and in the year of our Lord 1708, intituled, an act for vefting divers manors, meffuages, lands and tenements of John Lacy Efq. in the counties of Effex, Cambridge and Middlefex, in trustees, to be fold for payment of his debts, making provifion for his children unprovided for, and other purposes therein mentioned, reciting the faid indentures of leafe and release, or fettlement of the 2d and 3d days of April 1688, and the feveral ufes and eftates thereby limited, of and in the faid freehold lands and eftates in the faid counties of Effex and Cambridge, and alfo reciting as in the faid act is recited; it was by the faid act among other things enacted, that all and every the freehold manors, meffuages, lands, tenements and hereditaments, in and by the faid recited indentures of leafe and releafe granted and conveyed, fhould be, and the fame were by the faid act vefted, eftated and fettled from and after the 25th of December 1708, in and upon John Rudge, Edward Rudge of London merchant, Roger Lacy of Lon, don haberdasher, and George Strudwick of London fishmonger, and their heirs and affigns, to the ufe of them and their heirs and affigns, freed and abfolutely difcharged of and from the ufes, trufts, eftates and limitations in the faid release and fettlement expreffed or declared, but fubject to the trufts thereinafter mentioned and expreffed, and among other trufts, to fell the faid fettled eftates, together with divers other freehold copyhold and leafehold eftates in the faid act mentioned, and thereby to raise the several fums of money in the said act mentioned for the feveral purposes therein expreffed, and then upon truft to raife the fum of 10,000l. to be by the faid 7. R. E. R. R. L. and G. S. or the furvivors or the furvivor of them, or the executors or adminiftrators of fuch furvivor, with the consent and approbation of the faid John Lacy the father, his executors or adminiftrators, as foon as convenient might be laid out and difpofed of in the purchase of freehold manors, meffuages,

KK 2

lands

lands or tenements of an eftate of inheritance in fee-fimple in poffeflion in England, to be fettled, conveyed and assured to fuch ufes, upon fuch trufts, and to and for fuch intents and purposes, and under and fubject to fuch provifoes and agreements as in and by the faid recited deed or fettlement were mentioned, expreffed and declared of and concerning the freehold meffuages, lands, tenements and hereditaments thereby, or mentioned to be thereby conveyed in lieu and full fatisfaction thereof, and of all other lands, tenements and hereditaments, thereby intended to be thereby fettled therein, covenanted or agreed to be fettled.

That the faid fettled and other eftates in the faid act of parliament mentioned were by the faid trustees fold, and the faid fum of 10,000l. was thereby raifed, but the fame was never laid out or invefted in the purchase of any lands, but still remains un-invefted in the hands of the reprefentative of the furviving trustee in the faid act of parliament named.

That the faid John Lacy the father died in the year and that the faid Sufanna his wife died in the year and that they left iffue of their two bodies two fons, namely John Lacy of Lincoln's-Inn Efq. their eldest son, and Arthur Lacy Efq. their fecond fon, and three daughters, namely Sufanna, Elizabeth, and Mary.

That the faid Arthur Lacy intermarried in the year 1728 with Elizabeth Burgoyne, by whom he had iffue two fons, namely Arthur and John who both died infants of tender years, the faid Arthur dying in the month of April 1731, and the faid John in the year 1734; and alfo one daughter Elizabeth.

That the faid Arthur Lacy fon of the faid John Lacy and Sufanna his wife, died in the month of September 1737, leaving the faid Elizabeth one of the leffors of the plaintiff his only furviving child, and that the faid Elizabeth did, in the month. of June 1753, intermarry with the faid William Rolfe the other leffor of the plaintiff.

That the faid Sufanna, the eldest daughter of the faid John Lacy and Sufanna his wife, died in the year 1721, without iffue and unmarried, and the said Elizabeth, the fecond daughter of the faid John Lacy and Sufanna his wife, intermarried, in the year 1725, with John Bifcoe Efq. and died in the year 1762, leaving iffue by him one daughter and only child namely Ann, who in the year 1754 intermarried with Robert Goodchild, and which faid Ann is still living.

That

That the faid Mary, the third daughter of the faid John Lacy and Sufanna his wife, did in the year 1733 intermarry with the reverend Bennet Stevenfon doctor in divinity, and died in the year 1760, leaving iffue by the faid Bennet Stevenfon one fon, namely Bennet Stevenfon, who is now living and unmarried, and allo two daughters, namely Sufanna who died in the year 1769 without iffue, and Elizabeth who is still living.

That the faid John Lacy Efq. of Lincoln's-inn, the eldest fon of the faid John Lacy and Sufanna his wife, being on the 16th day of April 1748 feifed in fee of the chambers and premifes in the faid declaration of ejectment mentioned and poffeffed of a confiderable perfonal eftate, and alfo intitled to the intereft of the faid fum of 10,000l. and to the rents and profits of the lands therewith directed to be purchased by virtue of the faid fettlement of the 3d of April 1688, and the faid act of parliament herein-before set forth, made his will in writing duly attested to pass real efiates, and did thereby devife in manner following, (that is to fay), "I John The will of Lacy of Lincoln's-inn in the county of Middlefex, finding within Lincoln's-inn. myfelf frequent notices of mortality, and not knowing how Efq. dated fpeedily, fuddenly, or in what manner I may come to my end, 16th of and being now in perfect health, mind and memory, do make April 1748. this my laft will and teftament with my own hand as follows, I give, devife and bequeath all my real and perfonal eftate of what nature or hind foever and wherefoever, unto my dear and well beloved friend Mrs. Frances Harwood now of Maiden-lane in the parish of Covent Garden Westminster, and her heirs, executors, adminiftrators and affigns for ever, defiring her, and accordingly it is my will, that the pay the following gifts and legacies; to my niece Ann Bifcoe the fum of one hundred pounds within fix calendar months after my decease, to Mr. John Wefly of the Temple attorney at law ten pounds, to Jonathan Wells Efq. ten pounds, (thefe for mourning), to my fervant William Clegg, if living with me at the time of my death, twenty pounds over and above what may be due and owing to him, and I likewife in that cafe give him all my linen and woollen apparel, I mean apparel only, and to the maid who may be living with me at Iver two guineas; and I do hereby conftitute and appoint the faid Mrs. Frances Harwood to be the fole executrix of this my laft will and teflament, revoking all others by me heretofore made. In witness whereof I have hereunto fet my hand and feal this 16th day of April, in the year of our Lord 1748.

John Lacy.

That in the fummer of the year 1756, the faid John Lacy of Lincoln's-inn, being in like manner feifed in fee of the chambers and premises in the faid declaration of ejectment mentioned, and alfo poffeffed of a confiderable perfonal eftate, and likewife intitled

That the

another will

to the faid intereft in the faid fum of 10,000l. and to the rents and profits of the lands and tenements therewith directed to be purchafed by virtue of the faid fettlement of the 3d of April 1688 and the faid act of parliament before-mentioned, did make and duly publish another will and teftament in writing, in the prefence of three fubfcribing witnesses who duly attested the fame.

That the difpofition made by the faid John Lacy in the faid will teftator made of the year 1756, was different from the difpofition thereof in the in 1756, faid will of the year 1748, but in what particulars is unknown different from to the faid jurors; but the faid jurors Jay, that they do not find that in 1748. that the faid teftator cancelled his faid will of the year 1756, or that the faid defendant deftroyed the fame, but what is become of the faid will the jurors aforefaid fay they are altogether ignorant.

That the faid teftator John Lacy Efq. died in the month of June in the year 1767, feifed in fee of the faid premifes in the faid declaration mentioned without iffue, and was never married, and that the faid Elizabeth the wife of the faid William Rolfe, the leflor of the plaintiff, is the niece and heiress at law of the faid teftator John Lacy.

That after the death of the faid teflator John Lacy, and be. fore the time within mentioned, in which the trefpafs and ejectment within mentioned is fuppofed to be done, the aforefaid defendant, into the tenements in the faid declaration within mentioned with the appurtenances entered and was poffefled thereof, and that afterwards, that is to fay, on the 20th day of October, in the feventh year of his faid Majefty the now King, the aforefaid William Rolfe and Elizabeth his wife into the tenements aforefaid with the appurtenances in the declaration within specified upon the poffeffion of the faid defendant thereof entered, and then and there, (to wit) at Weftminfler within men. tioned, did demife to the faid Nathan the said tenements with. the appurtenances, to have and to hold the faid tenements with the appurtenances, from the 29th day of September then last past, to the full end and term of ten years then next following, and fully to be compleat and ended; and that by virtue of the faid demife, the faid Nathan entered into the faid tenements with the appurtenances and was poffeffed thereof, and that the faid Nathan being fo poffeffed thereof, the faid defendant afterwards (that is to fay) on the within-mentioned 23d day of October, in the feventh year aforefaid, into the faid tenements with the appurtenances upon the poffeffion of the faid Nathan thereof did enter, and the faid Nathan from the poffeffion of the tenements aforefaid, his term aforefaid being not yet expired, did eject and