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near thereunto as may be, so as that in case any such loss or damage shall happen, the money to be received upon or by means of such insurance, may be laid out in reinstating the same, and to retain or apply so much of the yearly rents, issues, and profits of the said premises as shall be necessary for the respective purposes aforesaid ; and subject and without prejudice to the trusts hereinbefore declared, to pay the rents, issucs, and profits of the same premises, or so much thereof as shall remain unapplied for the purposes aforesaid; for the use and benefit of my said son William, during his natural life, and from and immediately after the decease of my said son William, to the use of all and every the child and children,-[Same clause as before for creating a tenancy in common, in tail with cross remainders]—and'in default of such issue, to the use of my said sons Henry and James, and daughter Elizabeth, as tenants in common, and the several heirs of their respective bodies,—[Same clause as before, making a tenancy in common, in tail, with cross remainders]—and in default of such issue, to the use of my own right heirs for ever. And as to, for, and concerning all those my seven freehold messuages or tenements, numbered 1, 2, 3, 4, 5, 6, and 7, situate in

with the out-houses, gardens, and appurtenances thereunto respectively belonging, as the same are now in the several occupations of —, to the use of and

their heirs and assigns, during the nataral life of my said son Henry, upon trust to support and preserve the contingent remainders hereinafter limited from being defeated or destroyed, and upon further trust from time to time (same clause for keeping premises in repair and insuring from fire, &c.) and subject and without prejudice to the trusts hereinbefore declared upon trusts to pay such rents, issues,' and profits of the premises or so. much thereof as shall remain undisposed of for the purposes aforesaid, into the proper hands of my said son Henry, for his personal support and maintenance,

for which his receipts in writing, signed with his

proper hand shall alone be a sufficient discharge. Proviso against Provided, and my will is, that in case my said son charging or in- Henry shall alien, or charge, or attempt to alien or

charge such his beneficial interest, in such rents, issues, and profits, as aforesaid, or any part thereof, then and from thenceforth he shall cease to have any benefit thereout, and such rents, issues, and profits, as he my son Henry would otherwise have been entitled to, shall for the then residue of his life, go and be paid unto the person or persons who for the time being shall be intitled to the remainder or reversion of the same hereditaments and premises, expectant on the determination of the said estate so limited to the use of the said trustees, their heirs, and assigns, during the life of my said son Henry, as aforesaid; and from and immediately after the decease of my said son Henry, to the use of all and every the child and children of the body of my son Henry, lawfully to be begotten, as tenants in common-[as before with cross remainders)—and in default of such issue, to the use of my said sons William and James, and daughter Elizabeth, as tenants in common,-[as before]-and in default of such issue, to the use of my own right heirs for ever. And as to, for, and concerning all those my 8 freehold messuages or tenements, numbered 1, 2, 3, 4, 5, 6, 7, 8, situated, &c. with the appurtenances thereto respectively belonging, and now or late in the several occupations of, &c. to the use of the said trustees, their leirs and assigns, during the natural life of my said daughter Elizabeth, upon trust to support and preserve, &c. and upon further trust (to keep premises in repair and insured from fire, as before) and subject, and

without prejudice to the trusts hereinbefore declared Clause giving upon trust to apply such rents, issues, and profils of enjoyment to

the said premises, or so much thereof as shall remain

undisposed of for the purposes aforesaid, into the daughter.

the exclusive

proper hands of my said daughter, for her sole and separate use and benefit, exclusively of any husband

a married

with whom she may intermarry, and so as the same may not be subject or liable to the power, controul, debts, or engagements of any such husband, and her receipt alone to be a sufficient discharge for the same, notwithstanding any coverture she may be under. And in case my said daughter shall at the time of my death be in her minority, and unmarried, then to apply the same for or towards her maintenance and education, or if my said wife shall be living, to pay the same over to her my said wife, in order that she may apply the same for that purpose, and from and immediately after the decease of my said daughter, to the use of all and every the child and children of the body of my said daughter, lawfully to be begotten, as tenants in common-[limitation to her children as before, remainder over on failure of issue to testator's sons in the same manner as before]—provided always, and my will is that it shall and may be lawful to and for the said trustees, and the survivors and survivor of them, and the executors or administrators of such survivor, by indenture or indentures under their power to make or his hands and seals, or hand and seal, respectively building-leases to demise or lease such part or parts of the said and common vacant ground as may not be built upon at my death, unto any person or persons who may be willing to build upon the same or any part or parts thereof, for any term or number of years not exceeding 61 years from the making thereof respectively, yet so as that no erection or building shall be erected, whereby the said street, called St. James's Street, shall be rendered of less width in any part than 30 feet, and to demise or lease all or any of the residue of the hereditaments hereinbefore devised, unto any person or persons, for any term or number of years not exceeding 21 years from the time of making thereof, so as on every such lease so to be made, whether for building or not, there be reserved and made payable the best and most improved yearly rent or rents that can be reasonably had or gotten for the hereditaments and premises thereby demised, to be incident to and go

along with the immediate remainder or reversion of the said premises, without taking any fine, premium, or foregist, for the making or granting any such lease or leases respectively, and so as that in every such lease there be contained a clause of re-entry for nonpayment of the rent or rents thereby reserved, and so as that no lessee or lessees be by any such lease or leases authorized or empowered to commit waste, or exempted from punishment for committing the same, and so as the lessee, or respective lessees to whom any such lease or leases shall be so made, shall and do execute a counter-part or counter-parts thereof respectively, and enter into a covenant for payment of the rent or rents so to be reserved. And as to, for, and concerning all those my freehold messuages or tenements, situated in

and all those my freehold messuages, situate in

and all other my hereditaments hereinbefore devised to the said (trustees) and their heirs, whereof no use is hereinbefore limited or declared, with their appurtenances, to the use of them, the said trustees, their heirs and assigns, for ever, but nevertheless upon the trusts hereinafter declared concerning the same : and I give and bequeath my leasehold messuage and tenement, situated behind the three last mentioned messuages, and also my leasehold messuages and tenement, situate in

with their respective appurtenances, unto the said trustees, their executors, administrators, and assigns, for all such term or terms of years, as I shall have therein at the time of my decease, but nevertheless upon the trusts hereinafter declared concerning the same. And as to, for, and concerning as well the freehold messuages, tenements, and hereditaments hereinbefore lastly mentioned, or referred, to as the said leasehold messuages, tenements, and premises, I will and declare that the trustees or

trustee thereof respectively, for the time being, do puses to sell and shall, so soon as conveniently may be after my

decease, sell, and absolutely dispose of the same, toleaschold pro

gether or in parts, by public auction or private con,

Direction frechold and

finish certain

accumulate till

tract, as to them or him shall seem expedient, for the perty, and to best price or prices that can be reasonably procured convere all into for the same; and as to the money arising by and pay thereout fufrom such sale or sales, and also as to the clear neral and testa

mentary charges, yearly rents, issues, and profits, arising from the said and premiums of

insurance; to freehold and leasehold premises so hereinbefore directed to be sold as aforesaid, in the mean time, until houses not comthe same shall be sold, I will and declare that the pleted, and to lay

of
my

in the funds, to personal estate, and I further will and direct that the the youngest son receipt or receipts of the said trustees, their heirs, arrives at 21, and executors, administrators, or assigns, for the money among the chil. arising by any such sale or sales, shall be a good dis- dren. charge or discharges for the same, or so much thereof as shall be expressed to be received; and that the purchaser or purchasers of the same several hereditaments and premises, or any part thereof, his, her, or their heirs, administrators, or assigns shall not be answerable for any loss, misapplication, or non-application thereof. And as to all my goods, chattels, and personal estate, not by this my

will

specifically disposed of, I give the same unto the said trustees, upon trust, in the first place to pay thereout all

my just debts, (including all such ground-rents and premiums of insurar.ce as may be owing from me at the time of my death,) and my funeral and testamentary charges; and in the next place, the pecuniary legacies given by this my will; and after making all such payments, to lay out so much of the residue as may be necessary in finishing any messuages or other buildings which may happen to be building by me on the said vacant ground, at the time of my death; and to lay out the surplus, if any, in the purchase of 3 per cent. consolidated bank annuities, in the names of them the said trustees, or the survivors or survivor of them, or the executors or administrators of such surviyor; and as to such bank annuities, I will and direct that they the said trustees or trustee thereof, for the time being,

.

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