And whereas by lease from the crown I am possessed of all that capital messuage which I now inhabit, called Marlborough-house, with all its appurtenances, within or near the parishes of St. James, the liberty of Westminster, and St. Martin in-the-Fields, in the county of Middlesex, for the term of fifty years:
Now I hereby give and bequeath all my interest in the said capital messuage, &c. unto my executors (subject to such charge thereon as is hereinafter mentioned) upon the TRUSTS following: That is to say, in trust for the said John Spencer the father, for so long a period of the fifty years as he shall live; and then in trust for George Spencer, commonly called Marquis of Blandford, eldest son and heir apparent of Charles Duke of Marlborough; and after his decease, in trust for any son of the said George Spencer who shall attain his majority.
Provided the said George Spencer shall have no son, then in trust for Charles Spencer, second son of Charles Duke of Marlborough, and his son, (with similar provisions, provided Charles Spencer shall have no son, conferring the interest upon such other son of Charles Duke of Marlborough as shall attain his majority.)
Provided always, that should any attempt be made by any of these legatees to dispose, let, exchange, or give up possession in any manner of Marlborough-house, or commit any act likely to subvert any of the declared intentions of the late Duke of Marlborough with respect to his will, such bequest shall become utterly void, and my executors are hereby empowered to dispose of all my interest in the said messuage, and pay over the money as part of my personal estate.
I am likewise possessed of another lease from the crown, bearing date Feb. 13, 1728, not yet expired.
Now I give and bequeath the said lease to my executors in trust for the holder of Marlborough-house for the time being, and subject to the same conditions and limitations.
And whereas I am empowered by the Duke of Marlborough’s will to dispose of such goods as are my own in Marlborough-house, and of which there is an inventory:
Now I bequeath all such goods, furniture, pictures, &c., to my grandson John Spencer, his executors, &c.
Item, I give unto my grandson, Charles Duke of Marlborough, all my furniture, pictures, &c., which shall be in Blenheim-house, in Oxfordshire, at the time of my decease; but upon the express condition that he do not remove any of the goods or furniture from Althorp-house, but permit the same to be enjoyed by my grandson, John Spencer, except the same shall be of greater value than those in Blenheim-house; then may he remove such part thereof as shall leave no more in value than shall be equal to that which at the time of my decease was in Blenheim-house; and should he not perform this condition, then I leave the said furniture, &c. in Blenheim-house, to John Spencer my grandson, his executors, &c.
And my will is, that all my goods, &c. in my mansion-house at Holywell, in St. Albans, in the county of Hertford, shall continue there, and be always held therewith, as far as the law will permit of.