tember, 1801, duly executed and attested to pass real estates, after directing the payment of his debts and funeral expences, by his trustees and executors thereinafter named, and for which purpose he thereby charged, subjected, and made liable all his capital and other messuages, lands, and here ditaments whatsoever, situate in the several counties of Denbigh and Chester, to the payment of the same, in aid of his personal estate; and subject thereto, he gave and devised all and every his said capital and other messuages, tenements, lands, and hereditaments, with their respective appurtenances, to the Rev. Brownlow Yorke, Richard Lloyd, Esq. and John Hutchinson, their heirs and assigns, subject to the following uses and estates (that is to say) :— In trust, to permit and suffer his sister, Margaretta Warter, the wife of Joseph Warter, and his aunt, Mary Newton, to have, take, and enjoy, out of the said hereditaments and premises for their respective lives, each, a certain annuity therein mentioned, with the usual power of entry and distress; and subject to those two several annuities, he gave and devised the said capital and other messuages, &c. to the said trustees, their heirs and assigns, until his nephew, John Warter, the son of his sister Margaretta Warter, should attain the age of twenty-one years; and if he should die in the mean time, until Henry Warter, the second son of the said Margaretta Warter, should arrive at that age; and if the said Henry Warter should die in the mean time, until the daughter of the said Margaretta should arrive at that age, upon the following uses and trusts (that is to say):that they the said trustees, and the survivor of them, his heirs and assigns, should in the first place, as soon as conveniently might be after his decease, levy and raise out of the rents and profits of the premises, or by sale or mortgage thereof, any sum or sums of money as would be sufficient to pay and satisfy all his just debts and funeral expences, and all costs, charges, and expences which they the said trustees might sustain, on account of the trusts thereby in them reposed; and further, that they should levy and raise out of the rents and profits of the said premises, or by sale 1823. WARTER v. HUTCHINSON. 1823. WARTER U. HUTCHINSON. or mortgage thereof, or of a competent part thereof, the full sum of 2000l. together with all costs and charges attending the raising the same, and pay the same to the said Henry Warter, the younger, son of his sister the said Margaretta Warter, as soon as he attained the age of twenty-one years; and if his said sister should happen to have more than one younger child, then and in such case, he directed his said trustees to raise, out of the rents, issues, and profits of the said premises, the full sum of 3000l. and pay the same to and amongst such younger children, share and share alike, as soon as they should severally attain their respective ages of twenty-one years; and he charged the said hereditaments with the payment of the same; and upon further trust, that they the said trustees, their heirs and assigns, should pay and apply a proper sum of money arising from the rents and profits of the said premises, for the maintenance and education of his nephew John Warter, till he should arrive at the age of twenty-one years; and when he should attain that age, then upon further trust, to pay him the rest and residue of the said rents, issues, and profits of the said premises, if any should remain in their hands, after payment and satisfaction of all his just debts and funeral expences, and the said sum of 2000l. or 3000l. as the case might happen as aforesaid; and if the said John Warter should happen to die before he attained the age of twenty-one years, then the trustees were to pay and apply a sufficient sum of the money arising from the rents and profits of the said premises, for the maintenance and education of his nephew the said Henry Warter, till he should attain the age of twentyone years; and when Henry Warter should arrive at that age, then upon trust, to pay him the rest and residue of the rents, issues, and profits of the said premises, if any should remain in their hands, after payment and satisfaction of his just debts, and the money intended for his sister's younger children as aforesaid; and in the mean time, to place out the money arising from the rents and profits of the said premises, at interest, for their benefit and advantage; and when and as soon as the said John Warter 1823. WARTER v. should attain the age of twenty-one years, or in case of his death, when and as soon as the said Henry Warter should arrive at that age, or in case of his death, when and as soon as the daughter of the said Margaretta Warter should arrive HUTCHINSON. at the age of twenty-one years, he gave and devised the said premises, with their appurtenances, subject as aforesaid, to the said trustees, their heirs and assigns, to the use of his nephew the said John Warter and his assigns, for and during the term of his natural life, without impeachment of waste; and from and immediately after the determination of that estate, to the use and behoof of the said trustees, to preserve contingent remainders; and from and immediately after the decease of the said John Warter, to the use of the first, second, third, and all and every other son and sons of the body of the said John Warter lawfully issuing, severally, successively, and in remainder, as they and every of them should be in priority of birth and seniority of age, and of the several and respective heirs male of his and their respective body and bodies lawfully issuing, the elder of such son and sons, and the heirs male of his body issuing, being always to be preferred, and take before the younger of them, and the heirs male of his and their body and bodies issuing; and in default of such issue, to the use of the first, second, third, and all and every other daughter and daughters of the body of the said John Warter lawfully issuing, severally, successively, and in remainder, one after another, as they and every of them should be in seniority of age and priority of birth, and of the heirs male of the respective body and bodies of such first and other daughters lawfully issuing, the elder of such daughter and daughters, and the heirs male of her and their body and bodies issuing, always to be preferred, and to take before the younger of them, and the heirs male of her and their body and bodies issuing; and for default of such issue, to the use of his nephew Henry Warter, the second son of the said Margaretta Warter, and his assigns for life, without impeachment of waste; and immediately after the determination of that estate, to the use of the said trustees, their heirs and assigns, to preserve the contingent 1823. WARTER v. HUTCHINSON. uses and estates from being barred or destroyed; and from and after the decease of the said Henry Warter, to the use of his first, second, third, and other sons, and first, second, third, and other daughters, in like manner as to the sons and daughters of the said John Warter; and for default of such issue, to the use of his niece, the last born child of his sister Margaretta Warter, and her assigns for life, without impeachment of waste; and after her decease, to the use of her sons and daughters in like manner as to the sons and daughters of the said John and Henry Warter ; and in default of such issue, to the use of his sister, Margaretta Warter, in fee.-Provided always, and the testator did thereby declare it to be his will, that the said John Warter, or whatsoever other person or persons should, by virtue thereof, become possessed of, or entitled to his said estates, should, from the time he, she, or they should become so possessed, take upon himself, herself, or themselves, the surname of Meredith, and should make the mansion-house of Pentrebychan Hall aforesaid, their usual and common place of residence; and in case the said John Warter should refuse or neglect to reside at, and make use of Pentrebychan Hall as his usual place of residence, and take upon himself the surname of Meredith, then the will was to be void to all intents with respect to him, and every other person and persons claiming under him, who should so refuse to comply with such direction; and in like manner he directed, that the same should be utterly void in respect to the said Henry Warter, and the daughter of Margaretta Warter, and every other person and persons claiming under them by virtue of his will, in case he or they should refuse to take the surname of Meredith, and reside at Pentrebychan Hall as aforesaid. And as to all his household goods and furniture, and all his silver plate whatsoever, that should happen to be at his mansion-house at Pentrebychan Hall at the time of his death, he ordered that the same, or any part thereof, should not be sold, disposed of, or removed from thence; but that the same, and every part thereof, should be deemed and considered to be, go, and continue heirlooms, for the use and benefit of the heirs of Pentrebychan Hall for ever; of which will the testator appointed Richard Edwards, and his aunt, Mary Newton, executors. The testator having died on the 7th April, 1802, his will was proved in the Consistory Court of St. Asaph by both his executors. Joseph Warter and Margaretta his wife, John Richard Meredith Warter (in the will called John Warter) their eldest son, and Henry Warter their second son, (also named in the said will) survived the testator; and the said Joseph Warter and Margaretta his wife, also had living at the death of the testator, three other younger children, viz. Joseph, Thomas, and Margaretta Mary Elizabeth, being the daughter mentioned in the will. John Richard Meredith Warter, on the 5th August, 1816, duly intermarried with Jane Jones, and on the 6th April, 1817 died intestate, without having attained his age of twenty-one years, leaving the said Jane Warter, his widow, and Margaretta Elizabeth Meredith Warter, his only child by her, and heir-at-law, him surviving. Henry Warter named in the will, attained the age of twenty-one on the 16th November, 1821. The trustees named in the will had survived the testator, but since his death, two of them had departed this life, leaving John Hutchinson surviving trustee. The questions for the opinion of the Court were, First, whether Brownlow Yorke, Richard Lloyd, and John Hutchinson in the pleadings named took any, and what estate in the estates devised to them by the will of the testator, Thomas Meredith. Secondly, whether, upon the said testator's death, John Richard Meredith Warter in the pleadings named, took any, and what estate in the said devised estates and premises. Thirdly, whether Margaretta Elizabeth Meredith Warter, the infant, took any and what estate in the said devised estates and premises; and if any, at what period. Fourthly, whether, upon the said testator's death, or upon the death of the said John Richard Meredith 1823. WARTER v. HUTCHINSON. 1 |