In the Name of God Amen I Thomas Lord Howard Baron Howard of Effingham hereby revoking all former Wills whatsoever by me heretofore made do make and ordain this my last Will and Testament consisting of two Parts both of the same Tones Words and Form in Manner and Form following that is to say Imprimis I do hereby ratifie and confirm the Jointure made on my dear and loving Wife and will that she do hold and enjoy all and whatsoever Estates I have already settled upon her accordingly Item I give and devise all my Mannors Messuages Lands Tenements and Hereditaments in the several Countyes of Surry Kent and London or the Libertyes thereof unto James Pelham of the Parish of Saint James in the Liberty of the City of Westminster Esq.r and James Forhey of nigh Claves and in the County of Kent Esq.r and their Heirs to the uses and upon the Trusts and with and under the Provisoes and Limitations herein thereof after expressed that is to say To the use of the first Son of my Body lawfully to be begotten and of the Heirs Males of the Body of such first Son lawfully issuing and for default of such Issue then to the use of the Second third fourth and of all and every other the Son and Sons of my Body to be begotten severally successively and in Remainder one after another as they and every of them shall be in Seniority of Age and priority of Birth and of the several and respective heirs Male of the Body and Bodyes of every such Son and Sons lawfully issuing the elder of such Sons and the Heirs Male of his Body being always preferred and to take before the younger of such Sons and the Heirs Male of his Body issuing and for default of such Issue then to the use of my dear Brother Francis Howard and the heirs Male of his Body lawfully issuing and for default of such Issue then to the use and behoof of my Cousin the Honourable Colonel Thomas Howard Esq.r for and during the Term of his natural Life without Impeachment of Wast and from and after the Determination of that estate then to the use of the said James Pelham and James Forhye and their Heir during the Life of the said Thomas Howard upon Trust to preserve the contingent Uses and Estates hereinafter limited from being defeated and destroyed and to that End to make Entryes as often as occasion shall be but nevertheless to permit and suffer the said Thomas Howard to receive and take the Rents Issues and Profits thereof during his Life and from and after his decease then to the use and benefit of the first Son of the Body of him the said Thomas Howard lawfully begotten or to be begotten and of the Heirs Male of the Body of such first Son lawfully issuing and for default of such Issue then to the Use and Behoof of the second Son of the Body of the said Thomas Howard lawfully begotten or to be begotten and of the Heirs Male of the Body of such second Son lawfully issuing and for default of such Issue then to the use and behoof of the third fourth fifth and of all and every other the Son and Sons of the Body of him the said Thomas Howard lawfully begotten or to be begotten severally and successively one after another as they shall be in Seniority of Age and priority of Birth and of the several and respective heirs Male of the Body and Bodyes of such Son and Sons issuing the elder of such Sons and the Heirs Male of his Body being always to take and be preferred before the younger of such Sons and the Heirs Male of his Body and for default of such Issue then to the use and behoof of the Honourable Charles Howard Brother to the present earl of Suffolk for and during the Term of his natural Life without Impeachment of wast and from and after the determination of that estate then to the use of the said James Pelham and James Forhey and their heirs during the Life of the said Charles Howard upon Trust to preserve the contingent Uses and Estates hereinafter limited from being defeated and destroyed and to that End to make Entryes as often as occasion shall be but nevertheless to permit and suffer the said Charles Howard to receive and take the Rents Issues and Profits thereof during his Life and from and after his decease then to the use and behoof of the first Son of the Body of him the said Charles Howard lawfully begotten or to be begotten and of the Heirs Male of the Body of such first Son lawfully issuing and for default of such Issue then to the Use and Behoof of the second Son of the Body of the said Charles Howard lawfully begotten or to be begotten and of the Heirs Male of the Body of such second Son lawfully issuing and for default of such Issue then to the use and behoof of the third fourth fifth and of all and every other the Son and Sons of the Body of him the said Charles Howard lawfully begotten or to be begotten severally and successively one after another as they shall be in Seniority of Age and Priority of Birth and of the several and respective heirs Male of the Body and Bodyes of such Son and Sons lawfully issuing the elder of such Sons and the Heirs Male of his Body being always preferred and to take before the younger of such Sons and the Heirs Male of his Body issuing and for default of such Issue then to the use and behoof of my own Right heirs for ever And my mind and Will is that in Case I shall hereafter happen to purchase or be intitled to any other Reall Estate or Estates that such Estate or Estates shall be held and enjoyed by my dear and loving Wife for such Term or Terms and under such Limitations as she is to enjoy the Estates settled on her in Jointure upon our Marriage and from and after the determination of her Estate or Interest therein then my Mind and Will is that such other Reall Estate or Estates as I may hereafter purchase or be intitled to shall goe to the said James pelham and James Forhye and I do hereby give and devise the same to the said James Pelham and James Forhey and their Heirs In Trust for and to the Use ofsuch Person or Persons and for such Estate or Estates as I have hereinbefore limited and declared as to the several Reall Estates whereof I am at present seized and as to my personal Estate I do hereby give and bequeath to my said dear and loving Wife thereout in the first Place the Sum of Three thousand Pounds of lawful Money of Great Britain to her own proper use to be disposed of as she shall think most agreeable to herself Item I will that out of my said personal Estate there be payd yearly to the Right Honourable the Lady Dowager Effingham the Sum of seventy Pounds a year during her natural Life at the four usual Feast Days in the year the first of which payments I will shall be made on the first of the said Feast Days which shall happen next after my decease I also devise to Mr.Gabriel Liniere out of my said personal Estate the Sum of Five and tewenty Pounds yearly during his Life to be payd to him in like Manner as the Annuity to the Lady Effingham is to be payd Item I give to my before named dear Brother Francis Howard the sum of Two thousand Pounds and to my Father in Law John Rotheram Esq.r one hundred Pounds and to my dear sister Mary Rotheram Two hundred Pounds and to Mrs Penelope Rotheram and Mrs Anne Rotheram fifty Pounds apeice and to my Sister Hutchinson twenty Pounds and to Mrs Curgamwill twenty Pounds and to my said Cousin Thomas Howard Thirty Pounds to the Right Honourable the Lord Viscount Palmerston twenty Pounds and to the Honourable Colonel James Pelham and James Forhey my Trustees before named Fifty Pounds apeice to be paid to all the said several Legatees above named within six Months after my decease Item I give to my dear and eldest Child Nanny a Diamond Ring which was her dear Mothers and also one plain Ring and one other Ring set with DiamondsAnd to my daughter Molly the youngest yet not less dear a gold Snuff Box which was also her Mothers I also give unto each and every of my Servants who shall have lived with me the Space of one year or more next before my decease a years Wages over and above what shall be then due to them to be payd them severally within three Months next after my decease And I do hereby constitute nominate and appoint my said dear and loving Wife my full and sole Executrix And I do devise and bequeath to her all the Rest and Residue of my personal Estate In Trust for and not doubting but that she will Improve the same for the best advantage and benefit of such Child or Children as I shall have by her but in Case I shall have no such Child or Children by her then and in such Case and not otherwise I firstly give and devise out of my said personal Estate to my said Brother Francis Howard the sum of one thousand Pounds to be payd him within one year after my decease and then also and in such Case I further devise to my said Brother out of my said personal Estate the sum of One thousand five hundred Pounds to be payd to him within six Months next after the decease of the said Dowager Lady Effingham and also in such Case I give him the Sum of Five hundred Pounds to be payd him within Six Months next after the death of the said Mr Liniere and then also and in such Case I give and bequeath all the Rest and Residue of my personal Estate unto my said dear and loving Wife to and for her own Use and Benefit but in Case I shall leave any Issue by my present Wife then these last mentioned Legacyes and Bequests to my said Brother Francis Howard and my said Wife are to be void and of no Effect And my Will and Mind further is that if my said Brother Francis Howard shall dye before all or any the Legacy or Legacgyes given to him shall becom payable then I give and bequeath the Legacyes unpayd him to his Son my Nephew Thomas Howard to be from Time to Time as the same shall severally become payable put out at Interest for his Benefit to be payd him at his Age of one and twenty Years and the Interest thereof to be applyed in the mean Time towards his Maintenance and education And my Will and Meaning is that no unnecessary horible or litgious Suits shold be given or prosecuted against my said dear and loving Wife And therefore if any of the Legatees hereinbefore named shall sue or molest my said dear Wife either as my Executrix or in respect of all or any part of my reall or personal Estate hereby devised to her or settled on her in Jointure upon our Marriage for any further or other Matters or Things than what are respectively hereby given to them or for their benefit then and from thenceforth I will that all and every legacy and Bequest given to such Legatee or Legatees by this my Will shall as to him her or them cease and be void and I do hereby devise and bequeath such Legacy or Legacyes Bequest or Bequests to such legatee or Legatees who shall so meolest or be litigious and vexatious to my said dear Wife unto and to the sole and proper Use and Benefit of the said Charles Howard Brother to the said present Earl of Suffolk his Heirs Executors Administrators and Assigns respectively Item in Case I should leave one or more Son or Sons by my present Wife I devise the Tuition and Guardianship of such Son or Sons to my said dear and loving Wife till he or they severally attain the Age of twelve Years and from that time I devise the said Tuition and Guardianship to my said Wife and to the before named Lord Palmerston and to Sir Henry Penrice by whose Advice and Directions I Will that my said Son or Sons from the said age of twelve years each shall be placed maintained and educated and I beg great Care may be taken thereabout and for their trouble therein in Case any Son or Sons of mine shall live beyond the Age of twelve Years and not otherwise I will the said Lord Palmerston and Sir Henry Penrice shall be payd by my executrix one hundred Pounds each out of my personal Estate within twelve Months after any such Son or Sons of mine shall arrive at the Age of twelve Years In Witness whereof I have hereunto set my hand and Seal this fourteenth Day of May in the eleventh Year of the Reign of our Sovereign Lord George by the Grace of God King of Great Britain France and Ireland Defender of the Faith &t Annoque Domini one thousand seven hundred and twenty five. Effingham. The Writing within contained was Signed and Sealed by the within named Thomas Lord Howard Baron Howard of Effingham the Testator and by him published and declared as and for his last Will and Testament in the presence of us who have hereunder subscribed our Names as Witnesses thereto in his presence. Gilb Horsman Jsa: Malleson Wm Gaskarth.