Leigh. Report of 1828. Astley. Charities of Adam and Thomas Mortcontinued. thereafter mentioned, of the one part, and George Lord Kenyon, Thomas Sutton Mort Froggatt, Egerton Leigh, James Wilde, Thomas Legh, of Haydock, William Hulton, Samuel Chetham Hilton, George Ormerod, Thomas Lyon the younger, John Arthur Borron, and James Kearsley, of the other part, whereby reciting the indenture of bargain and sale of 28th Apri! 1732, (from which recital the above abstract was taken,) and reciting that by indenture, dated 24th April 1778 the trust-premises became vested in certain trustees therein named, of whom the said John Glegg was the survivor; the said John Glegg nominated the parties of the second part to be trustee with him, and conveyed to them, their heirs and assigns, to the use of all the said parties, the moiety of the tithes and tithe-rent, as also the said 13s. 4d. due and payable for and out of the tithes arising within the demesne of Peel, and all other the trust-premises, upon the trusts declared in the deed of 1732, with the same directions as to the appointment of new trustees. This deed was produced to us by David Hodgkinson, agent for Thomas Sutton Mort Froggatt, esquire. It is executed by John Glegg, the grantor, but by none of the other parties. Though by the deeds above mentioned the property comprised therein is become vested in the persons respectively nominated therein as trustees, it is yet to be regretted that none of such persons, except those above mentioned, have executed the deeds, neither have they by any other act declared their acceptance of the respective trusts. The objections which these persons have felt to accepting these trusts seems to have arisen from the apprehension of involving themselves in the litigation which has for several years been carried on between the vicar of Leigh and the inhabitants of Astley, with respect to the right of presentation to the chapelry of Astley, the endowment whereof is in great measure derived from the will of Adam Mort. Although the vicar has obtained a decision in his favour as to the right of presentation in an action at law, proceedings have been instituted in the Court of Chancery for the purpose of preventing the incumbent from enjoying the Tildesley estate devised by Adam Mort, upon the ground that the schoolmaster and the poor of Astley, Tildesley, and the adjoining places, are entitled thereto, the incumbent having been appointed by the vicar, and not according to the direction of Adam Mort's will, by the householders and heads of families in Astley, with his heirs male. It seems questionable whether by accepting the trusts above mentioned any serious inconvenience would be incurred, inasmuch as a Receiver is appointed by the Court of Chancery, to whom all the rents of the Tildesley estate will be payable until the question at issue shall be decided; but we apprehend that the parties in whom the legal estate of the premises belonging to these charities is vested are bound either to accept the trust, or to execute a conveyance to some other fit persons, who may be willing to act herein. Our opinion on this point has been submitted to some of the principal persons named in the trust-deeds, but they have not at present notified to us their determination thereon. The property derived from the donors, Adam and Thomas Mort, consists of the following particulars: 1. The estate in Tildesley, devised by Adam Mort for the maintenance of a preaching minister at the chapel in Astley, now let in two farms, at rents amounting to 721. per annum, the amount of which is paid to David Hodgkinson, the receiver appointed by the Court of Chancery, and is retained by him to be disposed of as the court shall direct. 2. The estate in Pennington devised by Adam Mort for the benefit of a schoolmaster in Astley, the particulars of which have been already stated in our account of the school. 3. One moiety of the tithes of the township of Astley, out of which a rent of 51. 6s. 8d. was left by Adam Mort, 41. 13s. 4d. thereof for the poor of Bolton and Astley, and the residue for the benefit of his son Thomas Mort, and his heirs, which moiety, subject to the payment of the rent above mentioned, came to Thomas Mort, and was left by him for the several charitable uses mentioned in the deed of 1732, above abstracted. 4. Another rent of 51. 68. 8d. issuing out of the other moiety of the tithes of Astley, which now belongs to Thomas Lyon, esquire, of Warrington, this rent having been left by Adam Mort, to be given with the sum of 47. 13s. 4d. above mentioned (making in the whole 107.), to the poor of Bolton and Astley. In respect of the tithes and the tithe-rents above mentioned the following payments are collected by John Parkinson, who has acted in this capacity for many years: For every acre of Cheshire-measure, in lieu of the moiety of the tithes thereof, a composition of 6s. for wheat, 5s. for beans or barley, and 4s. for oats; no tithes being demanded except for corn, grain and pulse. These payments are made for all the land in plough throughout the township, except for the estate mentioned in Thomas Mort's deed of 1732, called Peel Demesne, in respect of which there is paid to the collector, as a modus, 13s. 4d. per annum. yearly sum of 51. 6s. 8d. from the tenant who rents the other moiety of the tithes under Thomas Lyon, The collector also receives the esquire, this being probably the rent devised by Adam Mort, out of the moiety of the tithes then belonging to Thomas Tildesley. The composition of 6s., 5s., and 4s., for a twentieth part of the corn, &c., grown on every acre of land Cheshire-measure, which exceeds two statute acres, falls far short of the real value thereof; and as the other moiety of tithes is taken in kind by Mr. Lyon's tenant, there seems to be no ground for supporting this as a permanent composition, even if the landholders were inclined to set up such a claim. For determining the composition however the interference of trustees seems absolutely necessary; and on this account it is more peculiarly desirable that the deed relating to Thomas Mort's charity should be forthwith executed by the persons named therein, or that they should convey the property to some other persons. We are informed that T. S. M. Froggatt, esquire, one of the persons appointed trustees, is the principal landowner in the township. For the purpose of collecting the payments for tithes John Parkinson annually surveys the township, and takes an account of the quantity of land held by each occupier, and of the nature of the crop; and according to the scale above mentioned he makes his demand. In each of the six years previous to 1827 these payments (exclusive of the rent of 51. 68. 8d., and the modus of 13s. 4d. for Peel Demesne) have amounted to the following sums: Leigh Report 1828. Astley. Charities of Adam and Thomas Mortcontinued. 1826 In the collection of the sums charged upon each occupier Mr. Parkinson appears to have met with great difficulty; and at the time of our Inquiry, August 1827, it appeared upon the face of his accounts as if there was nearly 577. in arrear: it was explained, however, to us, that some reduction was to be made, as several small payments to different objects of the charity had been made by different landholders, in lieu of paying the amount to the collector himself. This irregular practice has necessarily produced some confusion in the accounts, and has also caused considerable difficulty in obtaining a correct statement of the application of the charity. Mr. Parkinson is now of an advanced age; and he stated to us his determination of collecting the arrears as far as he could, and then giving up the accounts. Out of the receipts there is paid annually from 8l. to 127. for rates and taxes, and a sum of 17. 2s. 6d. is retained by the collector for his trouble. Out of the clear proceeds of the tithes there is paid, in the first place, 4l. 13s. 4d., which, with the tithe-rent of 51. 68. 8d., makes up the sum of 101. directed by the will of Adam Mort to be distributed amongst poor persons resident in the townships of Bolton and Astley, 5l. to one township, and 5l. to the other, with liberty, however, to the trustees to apply 20s. out of each share to poor persons in any other township, having present need thereof. For many years this sum of 10. has been divided in the following manner: 41. has been paid to the boroughreeve of Bolton for the poor of the township of Great Bolton; 4l. 58. has been laid out by Mr. Parkinson and David Hodgkinson, as the agent of T. S. M. Frogatt, esquire, in cloth, and distributed by then, at a meeting of the inhabitants, to poor persons of Astley, about Christmas; 12s. has been paid for the poor of Tyldesley, and 12s. for the poor of Bedford, both in this parish, and 11s. for the poor of Little Hulton, in the parish of Dean. The three last-mentioned sums have been paid by Mr. Parkinson, and in some instances by one or more of the landholders of Astley, to the officers of the respective townships, and appear to have been distributed by them to the poor. The payment of these sums probably originated in the power given to the trustees to dispose of 408. to persons not resident in the township of Bolton or Astley, though the regular appropriation thereof in the manner above mentioned is by no means consonant with the intention of the donor. It is to be observed however, that the yearly sum of 128. has been paid to the poor of Bedford (as appears from a book containing the accounts of Speakman's charity for that township) at least from the year 1719. In consequence of the difficulties that have been experienced in collecting the composition for tithes, the payments to some of the townships above mentioned are considerably in arrear: According to the mode of division hitherto adopted, £ S. d. There is due to the poor of Bolton, for eight years, at 4l. per annum - 32 5 8 3 6 The residue of the proceeds of the tithes, according to the directions of Thomas Mort's deed, is divisible into seven parts, one of which was to be appropriated to the defraying the taxes, and other charges. Instead of dividing the amount in this manner, the taxes, &c. are first paid, and the remainder is divided into six parts, which are paid, One sixth to the vicar of Leigh, to whom there is due five years, viz. from 1822 to 1826, both inclusive, 4l. 118. 7 d. One-sixth to the officiating curate or minister of Astley chapel, to whom there is due for the same period (28. 4 d. per annum being added as the proportion of the land-tax payable in respectof this share, in consequence of the curacy of Astley having been exonerated from the payment of land-tax), 51. 38. 61d. One sixth to the clerk of Astley chapel. One sixth to the master of Astley school. One sixth to the poor of Bolton, which is paid to the boroughreeve. On this account there is now due, for six years, viz. from 1821 to 1826, both inclusive, 67. 10s. 44d. And one sixth to the poor of Astley, which is disposed of by Mr. Parkinson himself, in small sums, varying from 6d. to 2s. 6d. at the church, on Christmas-day. Except where the arrears are noticed, the sums due up to the period of our Inquiry, August 1827, had been paid by Mr. Parkinson to the parties respectively interested therein; and some of those arrears have probably been paid under the arrangement made between the collector and the landholders, as we have already stated. 4 73 1 Astley. Parr's others. PARR'S CHARITY [see page 53]. Ann Parr, by her Will, bearing date 2nd May 1707, and proved at York the same year, gave 100% to Jonathan Meanley, Samuel Stockton, and two others, to be laid out as soon as possible in lands of inheritance, or a rent charge to be settled on trustees; and she directed that the yearly produce should be employed for the binding apprentices poor people of Astley, in the parish of Leigh. She also gave the further sum of 100l. to the same persons, to be laid out in like manner, to the intent that the yearly produce should be employed for the maintenance of the poor of Astley; and she directed that the same should be paid to the overseer of that township, and that he should pay the same to the poor who should be in the greatest need and necessity. By Indenture, bearing date 3d June 1738, between Peter Yates of Pennington, and Ellen his wife, of the first part, and Samuel Stockton, of the other part, the said Peter Yates, in consideration of 210l., granted to the said Samuel Stockton, his heirs and assigns, an annuity or rentcharge of 11. 178. 6d.* payable out of the lands of the said Peter Yates, in Pennington, called Yate House, containing in the whole 16 acres, large measure, more or less, the same to be payable at the chapel of Astley on the 3d of June, yearly, with power of entry and distress in case of non-payment. Amongst other documents produced to us by Mr. John Farnworth, of Astley, there was a draft or copy of an indenture which tends to explain the intent of the above-mentioned purchase, though it does not appear that any such indenture was, in fact, executed. The indenture purported to bear date 14th June 1738, and after reciting that Peter Yates, of Tildesley, by his will, bearing date 6th September 1728, gave to his executors 10l. for the use of the minister of Astley chapel, to be paid to the officiating minister there, to preach a sermon on Saint Peter's-day; and reciting the indenture above abstracted, and that 107. part of the said 2107., was given by the said Peter Yates as aforesaid, and that it had been agreed that the same should be added to the sum of 2007. then belonging to the said Samuel Stockton, as trustee for another charity, and that he should also be a trustee for the said 10l., and should secure to the executors of the said Peter Yates, deceased, out of the said rentcharge of 7. 17s. 6d., an annuity of 7s. 6d. for the use of the minister of Astley chapel, according to the will of the said Peter Yates; the said Samuel Stockton thereby granted to Thomas Hope and Abraham Collier, the executors of the said Peter Yates, deceased, and their heirs, an annuity of 78. 6d., payable as mentioned in the preceding indenture, for the minister of Astley chapel. 17s. 6d., as was purchased for the benefit of the appears to have taken place, and the same is heir-at-law of Samuel Stockton above named; it With respect to so much of the rentcharge of 71. poor, no subsequent conveyance to new trustees consequently become vested in Samuel Stockton, the seems, however, desirable that new trustees should be appointed. The rentcharge of 7l. 17s. 6d. is paid to Mr. Stockton, by Peter Yates, esquire, the owner of the property in Pennington, called Yate House, he pays 7s. 6d. to the incumbent of Astley chapel, and the residue 77. 10s. is laid out in the purchase of blankets, which are given to the poor of Astley not receiving regular parochial relief, by Mr. Stockton and the select vestry, on Christmas day. This mode of application has prevailed for a great number of years, no part having been applied in binding out apprentices. CHARITIES OF WHALLEY AND OTHERS [see page 53].* Charities of By Indentures of Lease and Release, bearing date 9th and 10th May 1721, between Richard Whalley and Sanderson and William Sanderson, of the first part, and the Reverend James Woods, Adam Mort, Benjamin Meanley, Richard Meanley, Peter Stockton, John Hope, John Mort, and James Birch, of the other part, the said Richard and William Sanderson, in consideration of 110%. conveyed to the said James Woods and others, their heirs and assigns, a messuage, cottage, and tenement, called Boardman's House, in Astley, and a close thereto belonging, commonly called the Hill, containing by estimation 3 roodland, with the appurtenances, and it was thereby declared that the said sum of 110l. was made up of money given by several charitable persons for the uses thereinafter mentioned, viz. that Oliver Whalley gave 30l., the interest of 10l., part thereof, for the use of a preaching minister at Astley chapel, the interest of 10l. to the use of the poor of Astley, and the interest of the other 10%. for the repairing a causeway in Astley, from a place called Cross Hillock to Scott's Gate; that Peter Hall, by his Will, gave 6l., the interest thereof to be applied in buying books for poor children in Astley, that should go to learn at the school there; that John Hall, by his Will, gave 5l., the interest thereof to be applied in buying white bread, to be dealt in penny loaves every Easter and Christmas-day, to poor widows and fatherless children within Astley; that John Burron, gave the sum of 5l. 108., the interest to go to the poor of Astley; that Thomas Stockton, gave by his Will, 57, the interest to be applied towards binding poor children belonging to Astley, apprentices, for ever; that Lazarus Leech, by his Will, gave 107, the interest to be applied to the use of a preaching minister at Astley chapel, for ever; that William Sanderson, schoolmaster, by his Will, gave 404., the interest of 201., part thereof, to be disposed of and distributed amongst four [* This is apparently a typographical error, the amount mentioned in the deed being 71, 17s. 6d.—A.C.] Leigh. Report of 1828. Astley. poor families in Astley that should receive no weekly allowance from the said township, such distribution to be made yearly on Christmas-day, and the interest of the other 207, to be given to a preaching minister for preaching a sermon* every Tuesday in Easter week at the chapel in Atherton, or some other place in the neighbourhood; and that the sum of 107. had been contributed within the town of Astley, for the use of the poor of the said town, and to make up the consideration above mentioned; and it was further declared that the said James Woods and others should stand seised of the premises above mentioned upon trust, to dispose of the proportionable parts of the rents as Charities of far as the same would extend, to answer and make good the several charities before mentioned, Whalley and according to the intent of the respective donors; and it was provided, that when it should happen that othersthe number of trustees should be reduced to two, the survivors should convey the same to others, so that there should be always at least two trustees, By Indentures of Lease and Release, bearing date 1st and 2d October 1730, reciting that the sum of 1107. had been laid out as aforesaid, and reciting the gift of John Burron, which in the indentures of 1721 was expressed to be 57. 10s. was only 5l. which reduced the several charities therein mentioned to the sum of 1117. which was all laid out in the said purchase, though in the said indentures of 1721 it was said by mistake to be only 110l.; and reciting, that William Guest, by his Will, bearing date 28th July 1725, bequeathed 207. to Richard Meanley, Thomas Horridge, James Partington, and others, upon trust, to put the same out and dispose of the yearly interest towards the buying of English bibles, and to distribute the same yearly, on or about Easter, amongst such poor children or other poor persons as should have legal settlements in Astley, and the other moiety amongst such poor children or other persons as should be legally settled in Tyldesley, as the trustees should from time to time think fit, with power to appoint new trustees; and reciting that Thomas Horridge and James Partington were the only surviving trustees for the said legacy of 201., and were also trustees for the other charities mentioned in the said indenture of 1721, and that the said legacy of 20l. had been laid out in repairs on the said premises, and in converting a barn into two dwelling-houses, with intent to advance the yearly rents; the Rev. James Woods and others, then surviving trustees, conveyed the said premises to Richard Whitehead and others, to the use of all the parties thereto, upon trust, to dispose of the clear yearly rents for the purposes expressed in the said indentures of 1721, and in the Will of the said William Guest. By Indentures of Lease and Release, bearing date 5th and 6th December 1798, reciting as recited in the last abstracted indenture, John Farnworth and John Guest, both since deceased, the then surviving trustees under indentures of lease and release, bearing date 8th and 9th January 1768, conveyed the said premises to the use of themselves, and John Farnworth the younger, Samuel Stockton, John Newton, William Spakeman, John Guest, of Tyldesley, John Valentine, and four others, since deceased, ther heirs and assigns, upon the same trusts. In addition to the benefactions above-mentioned, a sum of 107, appears to have been given, many years ago, for the benefit of the poor of this township, which sum, with 21., as four years interest for the same, was received by the trustees above named in 1824, from the executors of George Green, late of Hindley, and laid out as hereinafter mentioned upon the premises purchased of the Sandersons. This benefaction is attributed to one Cunliffe, but it is not improbable that it was derived from Jonathan Meanley, who, it is stated on a table of benefactions, gave 10l. to the poor, nothing being now known of any other sum of 10l. for the poor than that above noticed. The property now held by the trustees above named consists of two cottages, with a shippon and gardens, and two crofts, one of which, containing 33 perches, was set out upon an inclosure about the year 1764. The whole contains 1A. OR. 21P., at 8 yards to the perch; one of the cottages, with the shippon and the laud, is let to John Smith, as yearly tenant, at a good rent of 121. The other cottage is let to Thomas Lythgoe, as yearly tenant, at a good rent of 71. John Farnworth, one of the trustees appointed in 1798, has had the principal managenent of these charities from the year 1818. Since that period he has laid out, with the approbation of the other trustees, upwards of 2007. in rebuilding the cottages. These works are now complete; and in August 1825 Mr. Farnworth had a balance of 127. in his hands; to defray these expenses the greater part of the rents have been reserved, and the sum of 12., received in 1824, in respect of Cunliffe's or Meanley's charity, has been applied to the same purpose. Since 1818 the following sums only have been applied in charity: In 1821 the sum of 6l. 11s., as the interest of 1317, the amount of the benefactions mentioned in the indentures of 1721 and 1730, was applied, according to the directions of the different donors, except as to Stockton's gift, the whole interest of which was given to the poor instead of any part being applied in binding out apprentices. At Christmas in each of the years 1825 and 1826, 17. 5s. was disposed of; five shillings thereof in bread, as the interest of John Hall's gift, and 20s. amongst four poor families, as the interest of William Sanderson's gift for that purpose. There was also distributed at Christmas 1825, in sums of 2s. 6d. or 2s., 12s., as the interest of 12., received in respect of Cunliffe's or Meanley's charity. At the time of our Inquiry (August 1827), it was intended to distribute the whole balance then in hand, with the accruing rent, at the ensuing Christmas; and that such distribution should be made by the trustees, with the approbation of the Select Vestry, as has been the practice heretofore. The accounts are kept by Mr. Farnworth, and are occasionally audited by the trustees and the inhabitants attending the Select Vestry: the accounts of the buildings have not yet been audited. Mr. Farnworth is allowed five per cent on the income, for his trouble in the management, the same charge having been made by former trustees holding this situation. * [The words used in the deed are:-" A sermon or lecture," A.C.] continued. Leigh. Report of 1828. Astley. Parkinson's Charity. Bedford. Richard and PARKINSON'S CHARITY [see page 55]. In the Parliamentary Returns of 1786 it is stated, that Parkinson gave a rentcharge of 17. 4s. yearly, then vested in the minister and overseers, for shirts, for the poor of Astley. We have not been able to discover any documents in the township relating to this charity. The yearly sum of 17. 4s. is paid in respect of lands in Little Hulton, in the occupation of Widow Cooke, the property of the late Thomas Raveld, of Manchester; and the amount is laid out in the purchase of 12 shirts or shifts, the deficiency, if any, being made up out of the poor's rates. These articles are given to 12 poor persons of Astley, selected by the minister and overseer. TOWNSHIP OF BEDFORD. RICHARD AND CATHERINE SPAKEMAN'S CHARITY [see page 59]. By Deed-Poll, bearing date 12th September 1673, Richard Spakeman, of Bedford, and Catherine, his wife, in pity for the wants of the poor people of Bedford and Tyldesley, being minded to bestow Spakeman's 207. in free alms to be employed for the use of the poor of the said towns, nominated and appointed Charity. Gilbert Sale, Richard Shuttleworth, Thomas Naylor, George Naylor, and Richard Spakeman the younger, to have the management of a moiety of the said 201. for the use of the poor of Bedford, the yearly interest to be given by two or more of them on the 2d February, to such poor people of Bedford, and in such proportions, as the said trustees, or any two of them, should think most needy. And it was declared, that upon the death of any of the feoffees, the survivors might nominate one or more fit persons of the inhabitants of Bedford to be their assistants in the place of the deceased feoffees; and that this course should be continued perpetually for the management of this business, "it tending not only to the relief of the poor, but also to the ease of the able inhabitants." The deed above abstracted, though establishing a charity for the poor of both townships, only provides trustees for the township of Bedford. It is probable that a similar deed was made, providing trustees for the township of Tyldesley; as in the deed of 1685, hereafter mentioned, four other trustees are introduced, in addition to those in the deed-poll of 1673, and who were the trustees for Tyldesley. Catherine Spakeman, by a codicil to her will, bearing date 6th October 1679, bequeathed 107, due on bond from Ralph Chaddock, for the use of the poor people within the townships of Bedford and Tyldesley, as an addition to 20l. which she had formerly given for the like use, declaring that both the said sums of 201. and 107. should be by the trustees already named, or thereafter to be named for that purpose, secured upon lands, tenements or hereditaments, so that the same might be settled for ever. The two sums of 201. and 107. were afterwards invested in the purchase of land, as appears by indenture of feoffment, bearing date 12th December 1685, whereby Francis Sherrington, in consideration of 241. paid by Gilbert Sale, and his co-trustees, named in the deed of 1673, and by Thurstan Parr, Henry Smith, John Parr, and John Marsh, such 241. being part of the 30%. above mentioned, conveyed to the said Gilbert Sale, and the other parties above named, their heirs and assigns, a close of land called Moss Meadow, or Black Meadow, to hold upon the trusts aforesaid. At the time of this purchase the premises were in lease to George Sidlow for the remainder of a term of 99 years, if two lives then in being should so long continue, and by deed, bearing date 9th December 1685, George Sidlow assigned his interest to the use of the trustees, in consideration of the sum of 127. By indenture bearing date 21st September 1709, between Gilbert Sale, Richard Shuttleworth, Thomas Naylor, George Naylor, Richard Spakeman, and John Marsh, of the one part, and Thomas Marsh, of the other part, reciting the several deeds and documents above abstracted, and that the premises comprised in the said indenture of feoffment, were then vested in the parties of the first part, as surviving trustees named in the said deed-poll and codicil, and were purchased by them and their co-trustees with the money so given to them as aforesaid, the said Gilbert Sale and others demised to the said Thomas Marsh, his executors, &c., the close of land in the said recited indenture of feoffment mentioned, (mines of coal excepted) for the term of 2,000 years from the date, at the yearly rent of 30s., for the use of the poor people inhabiting in the towns of Bedford and Tyldesley, with a covenant on the part of the lessee to pay all taxes and outgoings, and to build three good and sufficient bays of building, two bays thereof to be floored for convenient habitation, and the other to be fitted up for outhousing, and to keep the same in repair, and not to assign without license for a longer term than three years, except to the wife, children, family, or relations of him the said Thomas Marsh. By Indentures of Lease and Release, bearing date 19th and 20th November 1822, between Richard Spakeman, of Great Woolton, of the one part, and Richard Guest, Thomas Spakeman, Thomas Spakeman Crompton, Samuel Young, Joseph Eckersley, William Peters, all of Bedford, Richard Worthington, Roger Worthington, Thomas Hill, and Richard Worthington, all of Tyldesley, of the other part, reciting the indenture of 21st September 1709, and the several deeds and documents therein recited; and further reciting, that the said Thomas Marsh assigned his interest therein to by whom, or his representatives, it was again assigned to William Speakman, of Sale-lane, in Tyldesley, in whom the same was then vested; and reciting that all the said trustees had been long dead, and that Richard Speakman, the younger, was the survivor, who left his son John, his heir-at-law, him surviving; and reciting that the said John Spakeman was also dead, leaving the said Richard Spakeman party thereto, his eldest son and heir-at-law of the age of 80 years, and that it was expedient to appoint new trustees. It is witnessed, that in pursuance of the trusts declared in the said deed-poll and codicil, the said Richard Spakeman conveyed to the said |