གང་ཟླ fucceffively in the fame manner; and for default of fuch iffue, to the ufe of his coufin CHARLES PETERS, then or late of the University of Oxford, for the term of his natural life, without impeachment of wafte; and immediately after the determination of that estate, to the use of the said trustees, to preferve contingent remainders; and immediately from and after the decease of the faid CHARLES PETERS, to the ufe cf the firft and other fons of the body of the faid CHARLES PETERS, in the fame manner; and for default of fuch iffue, to the ufe of his coufin JOHN PETERS, then or late of the fame University, brother of the faid CHARLES PETERS, during the term of his natural life, without impeachment of waste; and from and immediately after the determination of that eftate, to the faid trustees, to preserve contingent remainders; and immediately after his decease, to the ufe of the firft and other fons of the body of the faid JOHN PETers, in the fame manner; and for default of fuch iffue, to the use of the faid trustees, and their heirs, in truft, "That they do and fhall, fo "foon as may be, by, with, and out of the rents, iffues, and profits "of the premises, buy and purchase the inheritance and fee-simple "of fome piece of ground, lying and being within the town of Cambridge, proper and convenient for the erecting and building a College, and thereon fhall erect and build all such houses, edifices, and "buildings, as fhall be fit and requifite for that purpose; which College fhall be called by the name of DowNING College; and my will " is, that a CHARTER-ROYAL be fued for and obtained for the founding "of fuch College, and incorporating a body collegiate by that name, "in and within the Univerfity of Cambridge, which College or collegiate body, fhall confift of fuch head or governors, and of fuch "fellows, scholars, members, and other perfons for the time being, " and 66 66 66 B 2 Attorney Ge neral against Lady Downing and others. Attorney Ge- " and fhall be maintained, governed, and ordered by fuch laws, neral against Lady Down ing and others. "rules, and orders, and in fuch manner, and therein shall be pro"feffed and taught fuch useful learning as my said truftees, or their 66 66 66 heirs, by and with the consent and approbation of the most reve"rend the archbishops of Canterbury and York, and the masters "of Saint John's College and Clare Hall, in the faid Univerfity of Cambridge, in being at the time of the founding of the faid college, "fhall direct, prescribe, and appoint; and immediately from and "after the founding and incorporating fuch College or body collegiate as aforefaid, the faid" trustees, "and their heirs, shall stand "and be feifed of all and fingular the faid manors, lands, tenements, " and hereditaments, in truft for the faid collegiate body and their "fucceffors for ever." And as for and concerning such of the said manors, hereditaments, and premises, whereof he was poffeffed of any eftate for term or terms of years, he declared and appointed that the faid trustees, and their executors and adminiftrators, fhould from time to time affign and convey the fame unto fuch person and persons as fhould be entitled to the actual poffeffion of his faid lands of inheritance, by virtue of the limitations thereof in his faid will before mentioned: provided always, that if any of the faid lands and premises fhould come to or be vefted in any male person or perfons, whose furname should not be DowNING, then such person or persons should thenceforth take the name of DOWNING only; and upon refusal or neglect to take the faid furname of DowNING in manner aforefaid, then the uses and limitations to the perfon or persons so refufing or neglecting, to be void, and the premises to go and remain to fuch perfon and perfons, and to fuch uses, as the fame would or should do by virtue of any of the limitations before mentioned, in cafe the perfon perfon or perfons fo refufing or neglecting to take the furname of The teftator, Sir GEORGE DOWNING, died on the 20th of June died in the life of the teftator Sir GEORGE DOWNING. Sir JACOB GARRET DOWNING, by his will, dated the 12th of August 1763, gave to his wife, Lady DowNING, and to her heirs, executors, adminiftrators, and affigns, all his real and personal eftate, charged with the payment of feveral legacies and annuities, and appointed her fole executrix. Upon his death in 1764, fhe entered upon all the freehold, leafehold, and copyhold eftates, devised by Sir GEORGE DOWNING. On the 9th of May 1764, the Information was filed against Lady DOWNING, and the heirs at law of Sir JACOB GARRET DOWNING, and the other proper parties; praying that the will of Sir GEORGE DOWNING might be established, and the trufts thereof carried into execution; that an account might be taken of the money received by Lady DOWNING from the rents and profits of the faid freehold, copyhold 5 Attorney General against Lady Downothers. ing and neral against Lady Down Attorney Ge- copyhold, and leasehold eftates, become due after the death of Sir JACOB GARRET DOWNING, and that a Receiver might be appointed. ing and others. This caufe was heard before the Lord Chancellor CAMDEN, affifted by Sir THOMAS SEWELL, Mafter of the Rolls, and Lord Chief Juftice WILMOT, on the 19th and 27th of May, and the 18th of July 1767; and on the 17th of June 1768, Lord Chief Justice WILMOT delivered his opinion as follows: THIS CASE, on which your Lordship has done me the honour of afking my opinion, comes before the Court upon an Information, brought by his Majefty's Attorney General, to have an execution of the trufts of the will of Sir GEORGE DOWNING; and in order to deliver my fentiments to your Lordship with as much perfpicuity as I can, I will, firft, very fhortly ftate the cafe, and then mention the queftions, under which I mean to confider it. Sir GEORGE DOWNING, seised of an equitable eftate in fee, and having several relations, by his will, 20th December 1717, devifes all his manors, meffuages, lands, tenements, and hereditaments, to five trustees and their heirs, to the ufe of his nephews and other relations, and their iffue male, in strict settlement; and for default of fuch iffue, he directs that his trustees fhould buy a piece of ground in Cambridge, and build a College upon it, to be called DOWNING College; and that a CHARTER-ROYAL fhould be fued for and obtained for the founding fuch college, and incorporating a body collegiate by that name, in and within the University of Cambridge, to confift of such persons, and to be governed by fuch rules, and to profess and teach such useful learning therein, as his trustees, or their heirs, with 6 with the confent of the archbishops of Canterbury and York, and Sir GEORGE died the 10th of June 1749, thirty-two years after The devifees named in the will, are alfo all dead without iffue male, and the prefent Information is now brought, at the relation of the Chancellor, mafters, and feholars of the Univerfity of Cambridge, against the devifee and heirs at law of Sir JACOB DOWNING, who was heir at law of Sir GEORGE DOWNING, and against the two archbishops and the mafters of St. John's and Clare Hall, for the eftablishing the will of Sir GEORGE DOWNING, to have the trufts thereof performed and carried into execution, and for directions relating thereto. The defendant, Lady DowNING, the devifee of Sir JACOB DOWNING, who was the heir of Sir GEORGE DOWNING, infists, by her Anfwer, that the is entitled to the inheritance of the eftates devised by the will of Sir GEORGE DOWNING, and that the trufts for founding and endowing a College are void. Attorney Ge neral against Lady Downing and The |