Charles Duke of Grafton 16 May 1757

Charles Duke of Grafton 16 May 1757 This is the last Will and Testament of me Charles Duke of Grafton whereas by the marriage of the Right Honourable Augustus Fitzroy Earl of Euston my grandson to and with the Honourable Ann Liddell daughter of Lord Ravensworth it is necessary to make a different disposition of my Estate from what I had made by a former Will I do therefore hereby revoke all former Wills by me at anytime herefore made and do make this my present last Will and Testament in manner and form following and first I will and desire that all my debts which I shall justly owe at the time of my death be paid and discharged as soon as conveniently may be after my death I likewise will and direct that my funeral be in the most private manner as the rest of my family have been buried and whereas by Indenture of assignment Tripartite bearing date the twenty seventh day of January one thousand seven hundred and fiftysix and made or mentioned to be made between the Right Honourable Henry Lord Ravensworth and the Right Honourable Ann Lady Ravensworth his wife and the Honourable Ann Liddell daughter and only child of the said Lord Ravensworth by the said Ann Lady Ravensworth of the first part myself and the Right Honourable Augustus Earl of Euston my grandson and heir apparent of the second part and the Right Honourable Francis Earl of Hertford and Thomas Liddell of Newton in the county of Durham Esquire of the third part so much and such parts of the Several Principal Sums thirty eight thousand pounds six hundred pounds four thousand five hundred and forty pounds sixteen shillings two thousand pounds one thousand pounds four hundred and fifty nine pounds four shillings and ten thousand pounds secured by and out of the several Manors Messuages Lands and hereditaments in the county of Northumberland particularly mention in the said Indenture of assignment and late the Estates of Charles late Earl of Tankerfield and now the Estate of Charles now Earl of Tankerfield and by or out of any other Funds or Securities by virtue or forte of or by or under the several Indentures and Deeds Poll recited in the said Indenture of assignment or otherwise as they the said Henry Lord Ravensworth and Ann Lady Ravensworth of either of them then were or should or might at any time thereafter become intitled to and all the Right title interest power of disposition benefit property claim and demand of them the said Henry Lord Ravensworth and Ann Lady Ravensworth and each of them either jointly or separately either at Law or in equity in and to the aforesaid principal sums of thirty eight thousand pounds six thousand pounds four thousand five hundred and forty pounds sixteen shillings the thousand pounds one thousand pounds four hundred and fifty nine pounds four shillings and ten thousand pounds and every of them and in and to all Sums of Money then due and from thenceforth to become due or payable by way of Interest in respect of the said several Principal Sums and in and to the securities given for the same were in pursuance of the several Agreements and for the Considerations in the said recited Indenture of assignment mentioned by the said Henry Lord Ravensworth and Ann Lady Ravensworth his wife assigned transferred and set over unto the said Francis Earl of Hertford and Thomas Liddell to have hold receive take and enjoy all and singular the sum and sums of Money with all and singular the Interest attending the same and other the premises thereby assigned or mentioned or intended so to be unto the said Francis Earl of Hertford and Thomas Liddell their executors administrators and assigns upon the Trusts nevertheless and for the intents and purposes in the said recited Indenture of assignment mentioned containing the same with a proviso and it is by the said recited Indenture declared and agreed that if the said Henry Lord Ravensworth and Ann Lady Ravensworth or either of them their or either of their executors or administrators did and should pay or cause to be paid unto the said Francis Earl of Hertford and Thomas Liddell their executors administrators or assigns upon the Trust and for the Intents and Purposes in the said recited Indentures mentioned the full and just sum of forty thousand pounds of good and lawful Money of Great Britain on the twenty seventh day of April then next and now ensuing together with Interest for the same at the rate of three pounds ten shillings by the year for each one hundred pounds without any Deduction thereout that then and in that case the said Francis Earl of Hertford and Thomas Liddell and the survivor of them his executors administrators and assigns should and would at the Request Costs and Charges of the said Henry Lord Ravensworth and Ann Lady Ravensworth or either of them resign transfer and make over unto them or to the survivor of them his her or their executors administrators or assigns respectively the said several sums and premises so by them assigned so as that they might be again interested therein in the same plight and condition as if the said recited Indenture of Assignment had not been made with a Covenant from the said Henry Lord Ravensworth for payment of the said forty thousand pounds and Interest accordingly unto the said Francis Earl of Hertford and Thomas Liddell their executors administrators or assigns and it was by the said recited Indenture of Assignment declared and agreed that the said Assignment so made by the said Henry Lord Ravensworth and Ann Lady Ravensworth his wife unto the said Francis Earl of Hertford and Thomas Liddell their executors administrators and assigns was so made to them the said Francis Earl of Herford and Thomas Liddell their executors administrators and assigns as aforesaid and also that Bond or Writing Obligatory which was entered into by the said Henry Lord Ravensworth bearing even date with the said recited Indenture to the said Francis Earl of Hertford and Thomas Liddell their heirs executors and administrators in the Penal sum of forty thousand pounds with Condition to be void on payment of twenty thousand pounds on the said twenty seventh day of April next ensuing with Interest at the Rate of three pounds ten shillings by the hundred for each one hundred pounds was so entered into by the said Henry Lord Ravensworth to them the said Francis Earl of Hertford and Thomas Liddell their executors and administrators for securing the payment of the said twenty thousand pounds and interest upon Trust and to the Intent and purpose that they the said Francis Earl of Hertford and Thomas Liddell and the survivor of them and the executors administrators and assigns of such survivor did and should in case failure should happen to be made in the payment of the said sum of forty thousand pounds with Interest thereof as the same is limited by the said proviso and covenant in the said recited Indenture contained for payment thereof by all lawful ways and means get in all and every the several Principal Sums so assigned by the said recited Indenture and secured by the several Mortgages and Securities in the said recited Indenture mentioned from the said Earls of Tankerfield and their Trustees or otherwise and also the said Principal Sums of Twenty thousand pounds secured by the said Bond or Obligation and the Interest thereof or obtain or compel Payment of the said several sums of Money or otherwise did and should sell and dispose of the said several Principal Sums and Securities and also the said Bond or obligation and Premises and did or should thereby or by such other ways or means as to them should seem reasonable forthwith after failure should be so made in payment of the said sum of forty thousand pounds and the Interest thereof as aforesaid contrary to the proviso and Covenant in the said recited Indenture contained legally raise thereby and thereout the said Principal Sum of forty thousand pounds with such Interest for the same as aforesaid from the date of the said recited Indenture and it was by the said recited Indenture declared and agreed that the said Francis Earl of Hertford and Thomas Liddell their executors administrators and assigns should stand Possessed of and interested in the said Principal Sum of forty thousand pounds and the Interest thereof upon such Trust and for such Intents and Purpose and for the Benefit of such person and persons as in and by an Indenture Quadrupartite bearing even date with the said recited Indenture and made between me and the said Earl of Euston of the first part and the said Henry Lord Ravensworth and Ann Lady Ravensworth and Ann Liddell of the second part the said Francis Earl of Hertford and Thomas Liddell of the third part and Sir Thomas Clavering of Whitehouse on the said county of Durham Baronet and the Honourable Richard Arundell of Allerton Mauleverer in the county of York Esquire of the fourth part was or should be expressed and declared of and containing the Principal and Interest of the said sum of forty thousand pounds as in and by the said recited Indenture of assignment Relation thereunto being had will more fully and at large appear And Whereas by the said Indenture quadrupartite bearing date the said twenty seventh day of January last and made between myself and the said Earl of Euston of the first part and the said Henry Lord Ravensworth and Ann Lady Ravensworth and Ann Liddell of the second part and the said Francis Earl of Hertford and Thomas Liddell of the third part and the said Sir Thomas Clavering and Richard Arundell of the forth part being the Settlement made upon the Marriage of the said Earl of Euston with the said Ann Liddell in consideration of the said marriage and of the said sum of forty thousand pounds so as aforesaid secured to be paid to the said Francis Earl of Hertford and Thomas Liddell upon the Trusts and for the Intents and Purposes expressed in the said last recited Indenture of assignment which forty thousand pounds was the Marriage Portion of the said Ann Liddell I have settled an Annuity of three thousand pounds a year upon the said Earl of Euston during our Joint Lives and have charged an Annuity of one thousand five hundred pounds per Annum upon my several real Estates in the said reciting Indenture mentioned in part of the said Ann Liddell's Indenture with Proper Provision of Pin Money for the said Ann Liddell and portions for younger children of the said Marriage and I and the said Earl of Euston have in and by the said now reciting Indenture Covenanted Promised and agreed with the said Henry Lord Ravensworth his executors and administrators in case the said Marriage took effect to use our Endeavors to obtain an Act of Parliament with his Majesties Consent for the limiting settling and assuring to and for the Benefit of the said Ann Liddell or for the enabling and empowering me to limit and appoint unto and for the Benefit of the said Ann Liddell in case the said Marriage should take effect and she should survive the said Earl of Euston the yearly sum of one thousand two hundred pounds being one third part of the several yearly pensions of three thousand pounds and one thousand five hundred pounds whereof I was then and am now in possession by and under the first Letters Patent in the said now reciting Indenture mentioned to be had received and enjoyed subject to the Land Tax by her the said Ann Liddell and her assigns for Life in further Part and full of her Jointure and that I would if necessary forthwith after the said intended Act of Parliament should be obtained in Execution and exercise of such powers and authorities as in the said Act of Parliament should be contained do perform and execute all such matters and things as Council should advise for the effectually limiting appointing and settling the said yearly sum of one thousand two hundred pounds being one full third part of the said several yearly pensions of three thousand pounds and one thousand five hundred pounds to and upon the said Ann Liddell for her Life in part of her Jointure and it is by this the said now reciting Indenture declared and agreed that the said principal sum of forty thousand pounds which by the said Indenture Tripartite of Assignment herein before recited is directed to be levied and raised by them the said Francis Earl of Hertford and Thomas Liddell or the survivor of them or the executors administrators and assigns of such survivor shall be and remain vested in them the said Francis Earl of Hertford and Thomas Liddell their executors administrators and assigns In Trust in the first place to stand possessed of and interested in the said principal sum of forty thousand pounds until the said intended Marriage should be solemnized in Trust for the said Lord and Lady Ravensworth and their respective executors and administrators and from and immediately after the solemnization of the said intended marriage upon Trust that they the said Francis Earl of Hertford and Thomas Liddell and the survivor of them and the executors administrators and assigns of such survivor do and shall so soon as he or they shall have received or shall have levied or raised the said principal sum of forty thousand pounds or any part thereof lay out and invest the same either in the public funds or in the purchase of Parliamentary Stocks or do and shall place out the same at Interest upon good real or Government Securities and upon further Trust that they the said Francis Earl of Hertford and Thomas Liddell and the survivor of them and the executors administrators and assigns of such survivor do and shall during the Joint Lives of the said Augustus Earl of Euston and Ann Liddell pay apply and dispose of all the Interest Money and Dividends and annul profits which shall from time to time arise or be produced by or from the said principal sum of forty thousand pounds and by or from the several Funds Stocks or Securities in which the same shall happen to be invested unto me my executors administrators and assigns for my and their own proper use and Benefit and upon further trust that from and after the decease of the said Augustus Earl of Euston he dying in the Lifetime of the said Ann Liddell they the said Francis Earl of Hertford and Thomas Liddell their executors administrators and assigns do and shall stand possessed of and interested in the said principal sum of forty thousand pounds and of and in all Stocks Funds and Securities in which the same principal sum shall happen to be invested as and for a Caution or deposit to abide the event of the said Act of Parliament so proposed and covenanted to be applied for as herein before is mentioned and to be made use of as and for a Collateral Security for and for the Benefit of the said Ann Liddell and her assigns in case the said Augustus Earl of Euston shall happen to depart this Life before the said yearly sum of one thousand five hundred pounds to be issuing out of and to be part and parcel of the said yearly pensions of three thousand pounds and one thousand five hundred pounds shall be by virtue of the said proposed Act of Parliament or by the execution of the powers and authorities therein to be contained or otherwise effectually settled upon and assured unto and for the Benefit of the said Ann Liddell for her Life for or in part or in Nature of a Indenture But it was by the said new reciting Indenture expressly declared and agreed that if the said proposed Act of Parliament shall be obtained and shall pass into a law and if by under the same or if by the execution of any power or authority therein to be contained the said yearly sum of one thousand five hundred pounds part and parcel of the said several yearly pensions of three thousand pounds and one thousand five hundred pounds shall to the satisfaction of the Council of the said Henry Lord Ravensworth his executors or administrators be effectually settled upon and assured unto the said Ann Liddell and her assigns for her life as aforesaid then they the said Francis Earl of Hertford and Thomas Liddell and the survivor of them and the executors administrators and assigns of such survivor shall raise pay deliver and transfer the said principal sum of forty thousand pounds and the Funds and Securities to be then vested in them for the same and all the Interests and Dividends which shall have arisen thereby or therefrom in the mean time unto me my executors administrators and assigns for my and their own Benefit and to behold and enjoyed by me and them as my and their own personal property forever with a proviso that until failure shall be made by me in procuring the said annual sum of one thousand five hundred pounds being one third of my said yearly pension of three thousand pounds and one thousand five hundred pounds to be by virtue of the said proposed Act of Parliament or otherwise effectually settled and assured to and for the said Ann Liddell for her Life for and in part other Jointure to take effect on the death of the said Augustus Earl of Euston They the said Francis Earl of Hertford and Thomas Liddell and the survivor of them and the executors administrators and assigns of such survivor shall pay all and every yearly Interest Dividends and annual profits of the said sum of forty thousand pounds unto my executors administrators or assigns with another proviso that from and after the performance of the Trusts so reposed in them the said Francis Earl of Hertford and Thomas Liddell their executors administrators and assigns of and concerning the said principal sum of forty thousand pounds and the yearly Interest Dividends and annual profits thereof and subject there unto they the said Francis Earl of Hertford and Thomas Liddell their executors administrators and assigns should stand possessed of and interested in so much as should remain in their hands of the said principal sum of forty thousand pounds and of and in all such Funds and Securities as should be vested in them the said Francis Earl of Hertford and Thomas Liddell their executors administrators or assigns in lieu thereof and of and in all and every the annual profits dividends interest and proceeds which should have arisen or be produced there from so far as the same should not by the tenour of the said now reciting Indenture be applicable to and for the performance of the several Trusts there in before declared or any of them In Trust and for the only proper use and Benefit of me my executors administrators and assigns and that the same should be deemed to belong to and be the property of me my executors administrator and assigns forever as by the said last now recited Indenture quadrupartite relation being there unto had will more fully and at large appear And whereas the said Marriage between the said Earl of Euston and the said Ann Liddell has been since had and so solemunized but the time for presenting private petitions to the House of Commons being elapsed before the said Marriage no application can be made for the said proposed Act of Parliament till the next Session of Parliament so that the payment to me of the said principal sum of forty thousand pounds must necessarily be postponed till then and as it is uncertain whether I may not depart this life before that time and being willing and desirous to secure in all events some provision for my other grandson Charles Fitzroy brother to the Earl of Euston out of the said forty thousand pounds so to be paid to me my executors administrators or assigns on the procuring the said Act of Parliament or otherwise securing the said annual sum of one thousand five hundred pounds being one third of the said yearly pensions of three thousand pounds and one thousand five hundred pounds to the said Ann Liddell now Countess of Ravensworth for the remaining part of her Jointure and for other purposes I do hereby in case I shall happen to depart this Life before the said Act of Parliament shall be passed or I shall receive the said forty thousand pounds charge upon and dispose of the said forty thousand pounds and all other my estate real and personal over which I have any power of disposal in manner herein after mentioned and I do hereby give devise and bequeath unto the said Francis Earl of Hertford the said Richard Arundell Wentworth Odiarne Esquire Serjeant at Arms to the Honorable the House of Commons and John Sharpe of Lincolns Inn in the county of Middlesex Esquire and the survivor of them and the heirs executors and administrators of such survivor my house in Bond Street in the county of Middlesex in which I now live with the stables outhouses garden yard and all and every appurtenance there unto belonging or appertaining as to such part thereof as is Freehold to my said Trustees the said Francis Earl of Hertford Richard Arundell Wentworth Odiarne and John Sharpe and the survivor of them and the heirs of the survivor and as to such part thereof as is Leasehold to the said Francis Earl of Hertford Richard Arundell Wentworth Odiarne and John Sharpe and the survivor of them his executors and administrators In Trust as to the whole thereof both Freehold and Leasehold but subject nevertheless to the condition hereinafter mentioned for the said Earl of Euston during his Life and from and after his decease In Trust to the first and other sons of the said Earl of Euston in Tail Male in strict settlement and for want of Male Issue of the said Earl of Euston then In Trust for whatever Male Descendants of mine shall be Duke of Grafton and to his Issue Male do as constantly to go to the same person who shall be Duke of Grafton and along with the Title of Grafton so long as that Title shall remain in my family And I do hereby Will and desire my said Trustees that they do if necessary and upon and after performance of the condition herein after mentioned [illeg] settle and make over the same accordingly it being my intention that my said House outhouses and stables in case the said Earl of Euston's performance of the condition hereinafter mentioned shall go to the same persons and going with the Title of Grafton so long as that Title shall remain in my family so far as I can and the Rules of Law will admit of and in default of issue Male of my Body lawfully begotten in which event the Title of Grafton will be extinct in my family then and in that case In Trust for my said two Daughters Lady Caroline now wife to the Lord Petersham and Lady Isabella now wife to the said Francis Earl of Hertford and their heirs in equal Moieties and I do hereby give devise and bequeath unto the said Francis Earl of Hertford Richard Arundell Wentworth Odiarne and John Sharpe and the survivor of them and the executors and administrators of such survivor all my plate linen pictures household goods and furniture of all kinds that shall at the time of my death be at belonging to each and every of my three houses which I now live in possess and enjoy that is to say of and belonging to the house in Bond Street in which I now live to my Capital Messuage of Euston Hall and to my house called Wakefield Lodge in order that my said plate linen pictures household goods and furniture that shall be so at the time of my death at or belonging to each and every of my said three houses may go and be enjoyed therewith by the said Augustus Earl of Euston who will be the Duke of Grafton and by the Duke of Grafton for the time being so long as that Title shall continue in my family as and in the Nature of heir looms and I do hereby Will and direct that the said plate linen pictures household goods and furniture shall be kept and preserved by my said Trustees and continued in and at each and every of my said houses to which they shall respectively belong and go and be enjoyed therewith accordingly as and in the Nature of heir looms provided always and nevertheless and I do hereby will and direct that this devise and bequest of my said house stables and outhouses in Bond Street and also this devise and bequest of my plate linen pictures and household goods and furniture of and belonging to my said three houses in Bond Street Euston Hall and Wakefield Lodge is and are to be subject to and to depend upon the said Augustus Earl of Euston complying with and performing the Condition hereinafter required by me to be performed by him in behalf of his brother Charles Fitzroy in default of which the whole of these devises and bequests as well with regard to the house stable and outhouses in Bond Street as to the plate linen pictures household goods and furniture in the three houses in Bond Street Euston Hall and Wakefield Lodge are to be void as I have in that case hereinafter willed and directed and whereas I am intitled to the Reversion in Fee of the Manor of Euston called Euston Hall or Little Hall with the Rights Members and Appurtenances thereof together with the Park called Euston Park and the deer therein and the Advowson of the Church of Euston and all that Capital Messuage in Euston aforesaid called Euston Hall with the Dove houses and all other houses buildings gardens and appurtenances thereunto belonging and all that Watermill and Watermill House in Euston aforesaid with all Houses Watercourses together with all the Messuages Lands Tenements and Hereditaments to the said Manor and Capital Messuage or either of them belonging or appertaining and also all the Messuages Lands Tenements and Hereditaments in Bardwell Sapistone and Stanton in the county of Suffolk late the Estate of Cobbes Rushbrooke and purchased by me of the heirs devises and mortgages of the said Cobbes Rushbrooke in the year one thousand seven hundred and forty two for sum of six thousand five hundred pounds and all other my Manors Messuage Lands Tenements and Hereditaments in the counties of Suffolk and Norfolk I do hereby give and devise all such my said Reversion in Fee in and to all those my said Manors Lands Tenements and Hereditaments together with all my Estate Right Title and Interest of in and to the same unto the said Francis Earl of Hertford Richard Arundell Wentworth Odiarne and John Sharpe and the survivor of them and the heir of such survivor In Trust for the said Earl of Euston and his heirs and assigns incase nevertheless and upon this express condition that the said Earl of Euston do and shall within six months from and after my death by good and sufficient Deeds and Conveyances in the Law to be approved of by my said Trustees and the survivor of them and his heirs and also by the Council of the said Charles Fitzroy well and sufficiently settle and secure to and upon his said brother Charles Fitzroy the clear yearly sum or annuity of one thousand five hundred pounds per annum free and clear of and from all deductions whatsoever for and during the Term of his natural Life and which I hereby make it my earnest request to the said Earl of Euston to do as he will be then in the possession of the whole Grafton Estate and Income and as by Reason of the provisions and settlements I have lately made on the said Earl of Euston and his Lady and their younger children I am thereby disabled from making that provision for his said brother Charles Fitzroy which I should otherwise have [provided] and in case of the said Earl of Eustons well and sufficiently settling upon and securing to his said brother Charles Fitzroy such annuity of one thousand five hundred pounds a year for his Life as aforesaid then and in that case I do hereby Will and direct my said Trustees and the survivor of them by Proper Deeds Conveyances and Assurances in the Law such as the Council of the said Earl of Euston shall approve of to convey and assure the reversion in Fee of all and every my said Manors Messuages Lands Tenements and Hereditaments in the said counties of Suffolk and Norfolk and as my Estate Right Title and Interest of and in and to the same and every part thereof unto the said Augustus Earl of Euston his heirs and assigns but in case the said Augustus Earl of Euston shall refuse or decline to comply with this my request and shall not within six months after my death to the good ..sing and approbation of my said Trustees or the survivor of them and his heirs and the Council of the said Charles Fitzroy well and sufficiently settle and secure to and upon the said Charles Fitzroy such annuity or yearly sum of one thousand five hundred pounds a year free and clear of all deductions whatsoever for and during the Term of his natural Life then and in such case I hereby revoke the Devise and Disposition I have herein before made of the Reversion in Fee of my said Manors Messuages Lands Tenements and Hereditaments in the said counties of Suffolk and Norfolk and of all my Estate Right Title and Interest of and in and to the same in favour of and to and for the benefit of the said Augustus Earl of Euston and I do hereby in that case also revoke those devises and bequests herein before by me made of my said house outhouses and stables in Bond Street and also of all my pictures plate linen household goods and furniture of all kinds that shall be at or belonging at my death to my said house in Bond Street and also to my said Capital Messuage of Euston Hall and also to Wakefield Lodge and I do in that case hereby give and devise the reversion in Fee of and in all and every my said Manors Messuages Lands Tenements and Hereditaments in the said counties of Suffolk and Norfolk and of all my Estate Right Title and Interest of in and to the same and also my said house stables outhouses and appurtenances in Bond Street and also my pictures plate linen household goods and furniture of all kinds that shall at the time of my death be at or belonging to my said house in Bond Street and also to my said Capital Messuage of Euston Hall and also my said house called Wakefield Lodge each and every of them unto my said grandson Charles Fitzroy his heirs executors and administrators in absolute property and I do in that case hereby will and direct my said Trustees and the survivor of them and his heirs by good and sufficient Deeds and Conveyances in the Law to convey assure and make over unto my said grandson Charles Fitzroy and his heirs the Reversion in Fee and in all and every my said Manors Messuages Lands Tenements and Hereditament in the said counties of Suffolk and Norfolk and all my Estate Right Title and Interest of in and to the same and every part thereof unto the said Charles Fitzroy his heirs and assigns and in case of the said Earl of Eustons so refusing to make such provisions for his brother the said Charles Fitzroy I do hereby further will and direct my said Trustees and the survivor of them and the heirs and administrators of such survivor by good and sufficient Deeds and Conveyances in the Law to convey assure and make over unto my said grandson Charles Fitzroy his heirs executors and administrators my said house stables and outhouses in Bond Street with the appurtenances with all my Estate Right Title and Interest of in and to the same and every part thereof both freehold and leasehold and also to deliver to and put the said Charles Fitzroy into possession of all and every my plate linen pictures household goods and furniture of all kinds that shall at the time of my death be at or belonging to all every and each of my said three houses that is to say to my house in Bond Street to my Capital Messuage of Euston Hall and to Wakefield Lodge as his own absolute property and I hereby accordingly in case of his brother the Earl of Euston refusing to settle and secure such annuity of one thousand five hundred pounds a year upon him the said Charles Fitzroy for his Life as aforesaid give and devise and bequeath the Reversion in Fee and in all and every my said Manors Messuages Lands Tenements and Hereditaments in the said counties of Suffolk and Norfolk unto my said grandson Charles Fitzroy and his heirs and I do also in that case hereby give devise and bequeath my said house stable and outhouses in Bond Street with the appurtenances and also my plate linen pictures household goods and furniture of all kinds that shall be at my death at or belonging to all and every and each of my said three houses in Bond Street at Euston Hall and at Wakefield Lodge to my said grandson Charles Fitzroy his heir executors and administrators to hold and enjoy the same in absolute property and in case the said Earl of Euston shall refuse or decline to make the provision I have herein before devised for his brother Charles Fitzroy and shall not within the time herein before limited for that purpose settle and secure the said annuity of one thousand five hundred pounds a year to for and upon his said brother Charles for and during his Life within the time herein before limited for that purpose then and in that case it is my further Will and I do hereby Will and direct the said Francis Earl of Hertford and Thomas Liddell the Trustees in the said herein before recited Indenture for Securing and raising the said herein before mentioned sum of forty thousand pounds that they the said Francis Earl of Hertford and Thomas Liddell and the survivors of them his executors and administrators do out of the Interest of the said forty thousand pounds which shall arise and become due and payable after my decease pay unto the said Charles Fitzroy the clear yearly sum or annuity of twelve hundred pounds until he shall attain the age of twenty five years if he shall so long live and shall not during that time become Duke of Grafton the said annuity to be paid by four equal quarterly payments in the year at the four usual Quarter Days of Lady Day Midsummer Day Michaelmas and Christmas the first quarterly payment of the said annuity to begin and be made at the first of the said quarterly days of payment which shall happen next after the said Augustus Earl of Euston shall refuse or decline to make the said provision of one thousand five hundred pounds a year for the said Charles Fitzroy and in that case I hereby further Will and direct my said last named Trustees to pay unto my said grandson Charles Fitzroy out of the Interest of the said forty thousand pounds such a further sum as shall be equivalent to the said annuity to be computed from the day of my death to the time of such first Quarterly payment so as to make up the said annuity to my said grandson Charles the same as if I had directed it to commence upon and immediately from and after my death and upon my said grandson Charles Fitzroy attaining the said age of twenty five years in case he shall so long live and shall not be Duke of Grafton then I do hereby direct the said annuity from that time to cease and I do hereby will and direct my said Trustees the said Francis Earl of Hertford and Thomas Liddell and the survivor of them his executors and administrators upon my said grandson Charles Fitzroy so attaining his age of twenty five years to pay him the said Charles Fitzroy the principal sum of thirty five thousand pounds out of the said principal sum of forty thousand pounds to be held and enjoyed by him as his own absolute property But in case the said Charles Fitzroy should before he attains the said age of twenty five years become Duke of Grafton then and in that case and from that time the said annuity of twelve hundred pounds so by me herein before given to the said Charles Fitzroy is to cease and determine and I hereby will and direct the same in that event and from that time to cease and determine accordingly Item I hereby give devise and bequeath all that the prebend Manor and Lordship of Tottenhall otherwise called Tottenham Court with the appurtenances and all and every the Lands Tenements and hereditaments scituate lying and being in the parish of Saint Pancras otherwise called Kentish Town in the county of Middlesex which I now hold by Lease for my own Life and the Lives of my said two grandsons the said Augustus Fitzroy Earl of Euston and Charles Fitzroy his brother to my said Trustees the said Earl of Hertford Richard Arundell Wentworth Odiarne and John Sharpe and the survivor of them and the executors and administrators of such survivor In Trust to receive the rents and profits thereof for so long time and until my said grandson Charles Fitzroy shall attain the age of twenty one years or become Duke of Grafton by the death of his said elder brother Augustus before that time without issue Male and in case my said grandson Charles Fitzroy shall live to attain the said age of twenty one years his said elder brother or his issue Male being then living then and in that case and upon my said grandson so attaining his said age of twenty one years to deliver possession of the said prebend Manor and Lordship with the appurtenances and all the said lands tenements and hereditaments thereto belonging unto my said grandson Charles Fitzroy and I do hereby accordingly give and devise the said prebend Manor Lordship and premises to my said grandson Charles Fitzroy his executors and administrators on his attaining the said age of twenty one years in case he be not then Duke of Grafton But in case my said grandson should die under the said age of twenty one years or if he should attain the said age of twenty one years but be then Duke of Grafton then and in either of the said cases I give and devise the said prebend Manor Lordship and Leasehold premises to my natural son Charles Fitzroy his executors and administrators and I do hereby direct my said Trustees to pay and apply the rents and profits of the said Leasehold estate and premises in the Maintenance and Education of my said grandson until he shall attain the said age of twenty one years or become Duke of Grafton Item I give and bequeath unto my daughter Lady Caroline Petersham the sum of one thousand pounds and to my son in law Lord Petersham the sum of five hundred pounds I also give and bequeath to my daughter Isabella Countess of Hertford the sum of one thousand pounds and to my son in law Francis Earl of Hertford the sum of five hundred pounds and I do hereby charge all the legacies and annuities which I have given in and by this my Will upon all and every my freehold leasehold personal and other estates over which I have power of disposal Item I do hereby ratify and confirm the distribution made by my late wife of her jewels to my said daughters I also give to each and every of my domestic servants living with me at the time of my death one years wages over and above what may be due to them at the time of my death and I do hereby constitute nominate and appoint the said Francis Earl of Hertford Richard Arundell Wenthworth Odairne and John Sharpe executors of this my last Will and Testament and I do hereby give and bequeath to them all arrears of rent and all annual payments whatsoever which shall be due to me at my death and all other my personal estate not herein before particularly disposed of upon Trust to apply the same to the payment of my just Debts Legacies and Funeral Expences and the surplus if any to go and be for the Benefit of my said grandson Charles Fitzroy if he lives to attain the said age of twenty one years and does not before that age succeed to the Honour of Grafton and in case he shall either attain that Honour or die before the said age of twenty one years then such surplus to go and be paid to my said two daughters Caroline Lady Petersham and Isabella Countess of Hertford their executors and administrators and I do hereby give to each of my said executors the sum of one hundred guineas and it is my Will and Mind and I do hereby direct that my said trustees and executors their Heirs executors and administrators shall be reimbursed and deduct and retain out of the said Trust Estate all their respective costs and charges which they shall respectively sustain be put to or expend in or about the Management and Execution of the Trusts hereby vested in them or any ways relating thereto and that they shall and may from time to time fill up and put in such life or lives as they shall judge proper and necessary in the said Tottenham Court Estate and to do all Acts and Things necessary for that purpose and to pay the Fine or Fines for the same out of the said Trust Estate and that my said trustees and Executors their Heirs and executors and administrators or any of them shall not be charged or chargeable with or answerable for any more or other Money than what they shall respectively actually receive or than what shall actually come to their respective hands out of the said Trust Estates and not the one for the other of them or for the Acts Receipts or defaults of the other of them but each of them for his own Acts Receipts or defaults only In Witness whereof I have to the first sheet of this my Will set my hand and to this eleventh and last sheet thereof my hand and seal this fifteenth day of April in the year of our Lord one thousand seven hundred and fifty six- Grafton signed sealed published and declared by the Testator Charles Duke of Grafton as and for his last Will and Testament in the presence of us who in his presence and at his Request have subscribed our Names as Witness thereto George Wilmot . Francis John Abbutt Jun.

Proved
This will was proved at London the sixteenth day of May in the year of our Lord one thousand seven hundred and fifty seven
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