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which estates were soon after his death spent and determined, except a term of ninety-nine years, for securing a rent-charge of £1000 a-year, clear of all deductions, to Ann Lady Coleraine, his widow, for life, by way of jointure.

Lord Coleraine, by his will, dated the 17th of September 1746, executed at Rotterdam in Holland, took notice, that after having lived twenty years separate from his Lady, he did, in April 1740, agree to cohabit, and accordingly had ever since cohabited with the appellant as man and wife; and that in consequence thereof, she brought him a daughter on the 12th of September 1745, whom he had named Henrietta Rosa Peregrina: and after reciting his marriage settlement, he devised as follows, viz.

Now I do by this, my last will and testament, give and devise all and every the manors, messuages, lands, tenements, and hereditaments, expectant on the particular uses, estates, and limitations above-mentioned, with the appurtenances, and the remainder and reversion in fee-simple of the same, unto my said dear daughter Henrietta Rosa Peregrina, in case that she survive me, and also live to attain her full age of twenty-one years, or be married with the free consent of her mother, if living; or, if after her mother's death, with the free consent of the person that shall be her guardian, by my appointment, or her mother's.

And he appointed the appellant and George Payne, esq. joint guardians of the estate and person of his said daughter: but if his said daughter Henrietta should die before she should attain twenty-one, or be married with such consent as aforesaid, then he devised all his manors and lands in Middlesex, (except a small piece of freehold land, which he devised to the appellant) to his niece Mrs. Lydia Knight, and her husband Robert Knight, esq. for their joint lives, and the life of the survivor; and after their decease, to their son Henry in tail, with remainder to other children of his niece Lydia; with remainder to his niece Ann Rogers in tail. [416] But all those devises were upon condition, that the said Robert and Lydia Knight, and every other person who should possess his estate in Middlesex after his daughter's death, and also his said daughter, whilst she should enjoy his estate in Middlesex, should pay to Ann Lady Coleraine one-half part of her jointure, viz. £500 a-year quarterly; and should also pay to the appellant quarterly, an annuity or rent-charge of £200 a-year for her life, if, and so long as, she should continue single and unmarried; the first payment of both these annuities to be made on the first of the four usual feasts which should happen next after his death; with power of entry, and to receive the profits of his estate, in default of payment: and if his daughter Henrietta should die before she should attain twenty-one, or be married with such consent as aforesaid, then the testator devised, from and after the decease of his said daughter, all his manors, lands, and hereditaments, in Norfolk, (except certain lands therein particularly mentioned, of about £100 per ann. which he devised to the appellant, at her full and absolute disposal,) unto his niece Ann Rogers in tail; with remainder to his niece Lydia, and her husband, for their joint lives, with other limitations over; with remainder to his own right heirs. But his said manors and lands in Norfolk were devised upon condition, that as well his daughter Henrietta, as the said Ann Rogers, and every other person, who, after his daughter's death without issue, should possess his estate in Norfolk, should pay not only to Ann Lady Coleraine one-half part of her jointure, viz. £500 a-year, quarterly, according to his marriage settlement; but should also pay to the appellant, by four like quarterly payments, one other annuity or rent-charge of £200 a-year, for her life, if she should continue unmarried; the first payment to be on the first of the four most usual feast days that should next happen after his death; and if any quarterly payment should be unpaid for twenty-one days, then it should be lawful for the appellant to enter, and receive the rents, till her annuity and all charges were satisfied. And the testator further willed and ordained, that from his death, until the said Henrietta should attain twenty-one, or be married with such consent as aforesaid, the appellant should receive the rents, fines, and profits of all his manors and lands aforesaid; and that her receipt should be a sufficient discharge for the same: but when the said Henrietta should attain twenty-one, or be married with such consent as aforesaid, then the appellant should account with her for all monies arising from the testator's manors and lands, and should pay the same (after deducting £300 a-year for her maintenance, and for the appellant's trouble in managing the said estate) unto her the said Henrietta.