But if there were none, the property was to pass to the "next descendant in the direct male line of my late grandfather, Richard Knight of Downton".

However, he also stated: "I trust to the liberality of my successors to reward any others of my old servants and tenants according to their deserts, and to their justice in continuing the estates in the male succession, according to the will of the founder of the family, my above-named grandfather".Thomas Knight died intestate, having been pre-deceased by his only son.

His daughter, the horticulturalist Charlotte Knight (c. 1801–1843), had married Sir William Edward Rouse-Boughton, 2nd and 10th Baronet (1788–1856), a Member of Parliament for Evesham.

Sir William Rouse-Boughton argued that no such trust had been created and that the property had in fact gone to Thomas absolutely, and thus on to Charlotte and his family.

Lord Langdale MR held that the words of Payne's will were not sufficiently certain, which meant that there had been an absolute gift to Thomas, who had taken the property unfettered by any trust in favour of the male line.