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, issues, 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 natural 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 herein before 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, Proviso against charging or in cumbering. Clause giving the exclusive enjoyment to a married daughter. for which his receipts in writing, signed with his proper hand shall alone be a sufficient discharge. Provided, and my will is, that in case my said son 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 there to respectively belonging, and now or late in the several occupations of, &c. to the use of the said trustees, their heirs 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 herein before declared upon trust to apply such rents, issues, and profits of the said premises, or so much thereof as shall remain undisposed of for the purposes aforesaid, into the proper hands of my said daughter, for her sole and separate use and benefit, exclusively of any husband 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 leases. Direction to trustees to sell frechold and leasehold pro along with the immediate remainder or reversion of the said premises, without taking any fine, premium, or foregift, 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 insurance; to in accumulate till then to divide it among the chil dren. tract, as to them or him shall seem expedient, for the perty, and to best price or prices that can be reasonably procured convert all into personalty, to 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 testamentary charges, yearly rents, issues, and profits, arising from the said and premiums of freehold and leasehold premises so hereinbefore di- finish certain rected to be sold as aforesaid, in the mean time, until houses not completed, and to lay the same shall be sold, I will and declare that the out the surplus same respectively shall be deemed to be part of my 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 arising by any such sale or sales, shall be a good discharge 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 insurance 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 survivor; and as to such bank annuities, I will and direct that they the said trustees or trustee thereof, for the time being, |