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SIR Robert Henley by Will gives 100 l. a piece to all his Servants, which Will is Dated the 10th of November 1680. and Sir Robert lived afterwards till the 7th of August 1681. but made no Republica∣tion of the said Will, and the Plaintiffs as Servants to Sir Robert demands 100 l.
apiece Legacy: That these Servants, (viz.) Jones, Clerk, Meeke, Serle, and Hanbury, were all Menial Servants before the 10th of November 1680. and so continued till the 7th of August 1681. That these Ser∣vants, (viz.) Litchfield, Davies, Deacon, Booth, Noon, &c. were all Servants at the time of his death, but were not in his Ser∣vice, at the time of making of the Will; that Cook and Hawkes were both Servants at the 10th of November 1680. but be∣fore the 7th of August 1681. were dischar∣ged from his Service: That William Harris son was a Menial Servant the 10th of No∣vember 1680. but dyed before the 7th of August 1681. That Castilian Goddard, &c. were Servants at large, but not Menial, (viz.) as Steward and Bailiff before the 10th of November 1680. and so continu∣ed till the said 1681. but did not Inhabit in the House: That Stranger and Long were Chairmen, and agreed with after the said 1680. at 20 s. per week so.
The Plaintiffs insist, That such that were his Servants at the time of his death, ought to have the benefit of the said De∣vise.
But the Defendant insisted, That none of the Plaintiffs can be any ways intitu∣led to that benefit, but only such as were Menial Servants, before the publishing of the said Will, and did so continue all along
to be Menial Servants, and live in the House with him, to the time of his death.
This Court declared, that none of the said Plaintiffs, but such as were Servants to the said Sir Robert, before the making the said Will, and did so continue to be Servants to him, until the time of his death, could have any pretence to the said Legacy, and such only as were his Menial Servants, and lived all along in the House with him, from before the 10th of Novem∣ber 1680. until the 7th of August 1681. and no others, and ordered that Jones, Clerk, &c. only, and no other of the Plaintiffs be paid their Legacy of a 100 l. a piece by the said Defendant, and order∣ed the Bill as to all the other Plaintiffs, to be dismissed.
Legacies.
Who are Servants ca∣pable to re∣ceive Lega∣cies by the general words of a. Will, To all my Servants &c.