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entitled to re

will.

as my said late father died possessed of, and that have come to my hands, the books being mentioned in a catalogue made by him, and the plate being dis

tinguished by the armorial bearings of his and my To pay over late mother's family, or one of their families; and the sum stated in his (the testa- pay over, to the person or persons entitled to receive tor's) account, as the same under my said father's will, the said sum of cutor, to be the

-1. (which is stated in my said account as exebalance owing cutor to be the amount of the balance owing from from him,as such executor, in re- me, as such, in respect of the clear residue of

my spect of the res said father's personal estate, to be laid out in the ther's personal purchase of lands as aforesaid, or such other balance estate, to the per- or sum of money as may be found due on the taking son or persons

of such account. And whereas it will appear from my ceive the same under his father's

said account, as executor, that some articles of my said

late father's furniture were sold by me, which proTo replace some articles of his fac

duced the sum of -1. I direct my executors to ther's furniture, make good the same to the said trust estate, either sold by him.

by the delivery of furniture of mine of the like value, or by payment of that sum, to the person or

persons entitled for the time being to receive the And to pay over

same under my said father's will. And in as much as a sum left by his I have in my hands, as executor as aforesaid, the sum father to a charity.

of 26 1. for which I have taken credit in my said account as a debt due from my said late father's estate to or in trust for

charity, the interest whereof has been for many years past applied for the charitable purpose hereinafter mentioned, I therefore direct my executors to discharge that debt by payment of the said sum of 261. to such persons, to be approved by the rector, for the time being, of the parish church of G. aforesaid, as they shall think fit, upon trust to place the same out at interest on government or real securities, with liberty of transposing the same, and to pay the interest or dividends arising therefrom, to the master, for the time being, of the endowed school at G. aforesaid, for educating 11 poor boys in the said school, to be nominated from time to time by such rector, or in his absence from the said cure, by

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the officiating minister, for the time being, of the said
church. And I give unto my said wife an annuity or Additional an-
yearly sum of 101. of lawful money of Great Britain, nuity to testa-
during her natural life, in addition to her provision
under my said marriage settlement and the trusts of
the term of 500 years created by my said father's
will, the same to be paid clear of taxes and without
deductions, by equal half-yearly payments, the first
payment thereof to be made at the expiration of six
calendar months next after my decease. And I give to Furniture to his
my said wife absolutely such of my household furni- wife absolutely.
ture and linen (1) as she shall select, not exceeding,
in the whole, the value of (such value to be as-
certained by the general appraisement which I de-
sire to be made of my furniture) except locks, iron Except articles
ovens, bells fixed, fixed stoves, and such other things

to the house,
as are or may be fixed or fastened to the mansion- which are to go
house at G. wherein I now reside, my will being and be enjoyed
that such excepted articles shall go along with the as heir-looms.
said mansion-house, and be enjoyed by the person
or persons for the time being entitled to the pos-
session thereof, as heir-looms, so long as the law will
permit. And I give to her my said wife the use and the plate,
enjoyment of such plate as I have purchased, and whereon there
'whereon are engraven the armorial bearings of her bearings, to the
or my family, or one of our families, during her during her life,
life. And from and immediately after her decease and after her de
I give the same to George N., second son of the cease, to two

persons namedin said William N., if he shall be then living, abso- succession, and

if neither should lutely, and if he shall be then dead, unto Peter N., be living third son of the said William N., if he shall then tator's decease to be living, absolutely; but if neither of them the the personal es

fixed or fastened

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tate.

a See note in

page

540.

1

(1) A bequest of the best of my linen, or of some of my

best linen, is void for uncertainty; but a bequest of such of my

linen as my executor shall think fit, or as 1, S. (the legatee) shall chuse, is good; 2 P. Wms. 387, Peck v. Halsey.

to executors.

said George N. or Peter N. shall be then living, then the same to be considered as part of the residue of my personal estate; and my will is that an

inventory shall be made of such plate, and that my His wife to sign said wife shall, on receiving the same, be required to an inventory": sign such inventory, accompanied with an under

taking for the delivery thereof by her representatives, upon or immediately after her decease, to the per

son or persons who shall be entitled to the same Legacies and

under this my will. I give to S. P. the sum of mourning. 1001. and to R. S. the like sum of 1001. and I desire

that each of them may have decent mourning at the Remuneration discretion of my executors. I give to my ex

ecutors the sum of 1001. a piece, as an acknow

ledgment for the trouble that they may have in the Charity legacies, execution of this my will.

I give to the said James N. the sum of 301. upon trust, to place out the same on government or real securities at interest, in the name of such persons as he, his executors or administrators, shall think proper, with liberty to the trustees or trustee thereof for the time being, of transposing the same, to the intent that such trus

tees or trustee do apply the interest or dividends For educating arising therefrom, for or towards the education of four poor boys. four poor boys, at or in the said school at G. afore

said, to be from time to time nominated by such To a hospital. trustees or trustee for the time being. I give the

sum of 1001. to the treasurer for the time being of the infirmary of

in the county of to be applied to the charitable purposes of that inA sum to be disa stitution; and I direct my executors to distribute the tributed as alms. sum of -l among such poor persons attending

divine service in the parish church of G. aforesaid, the Sunday next after my death, and in such propor

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• The effect of a direction for an inventory is held of itself to limit the enjoyment to the life only of the legatee, 13 Vez.jun. 493, Southey v. Lord Somerville.

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tions as they my said executors shall think proper; and I desire that all my servants who shall be in my service at the time of my decease, may receive a whole year's wages, to be added to the sum or sums then due to them for wages (2). And as to the resi- The residue of due of my personal estate, not otherwise disposed of tate to be placed by this my will, I give the same to my said execu- out at interest, tors, upon trust, that they, or the survivor of them, trustees to vary or the executors or administrators of such survivor, and transpose do and shall place out the same at interest in some of the parliamentary stocks or funds of Great Britain, or on real securities in England at interest, and do and shall from time to time vary, alter, or transpose the same for other stocks or funds, or securities of the like nature, when and so often as it shall seem expedient; and do and shall, after paying and keeping And after keepdown the said annuity of 101. hereinbefore given to ing down the an

nuities, my said wife for her life, and also the said annuity which I am liable to pay to the said Mary R. during her life, in the mean time, until the capital in the respective shares thereof shall become payable or transferible as hereinafter is mentioned, invest To reinvest the

dividends for the interest or dividends thereof, as and when the

the purpose of same shall amount to 1001. in like stocks, funds, accumulation or securities, so as to cause the same to accumulaté until the princi

pal shall be payo in the nature of compound interest; and do and shall able, as after pay or transfer one-third part of all such stocks, One third to be funds, and securities, but subject and without pre-paid to in one

, judice to the payment of the said annuities, unto the and the remainsaid George N. as and when he shall attain the age ing third to of 21 years; one other third part thereof unto the chance of survisaid Peter N. as and when he shall attain the age of vorship. 21 years; and the remaining third part unto Maria N. daughter of the said William N. as and when she

(2) Under a general bequest to servants a coachman, provided with a carriage and horses let by the job, is not entitled, 12 Vez. jun. 114, Chilcot v. Bromley.

of the three

shall attain her age of 21 years; in case any one or more of them the said George N. Peter N. and Maria N. shall die without having attained the said age, then the share or shares of him or them so dying, of and in the said stocks, funds, or securities, shall go and be paid or transferred, subject and without prejudice as aforesaid, to the survivors or survivor, or others or other of them, as and when their respective original shares shall respectively become payable or transferible as aforesaid; and in case any other of them shall die without having attained the said age, then all and every the accruing share or shares shall be subject and liable to the like contingency of accruer or survivorship as is herein before

declared, touching his, her, or their respective origiAnd if neither nal share or shares; and in case all of them the said should live to George N. Peter N. and Maria N. shall die without become entitled, any of them having attained the age of 21 years,

then my will is that the whole of such stocks, funds, or securities shall be transferred, but subject and without prejudice as aforesaid, to

And I appoint the said

executors of this

my

last Devise of his will and testament. And as to my messuage, farm, own messuages and lands, situate at or near W. aforesaid, I give the and farms not under settle- same unto S. P, and R. S. their heirs and assigns,

for ever; and as to my messuages, farm, and lands, situate in or near to the said settled estate of my family at G. aforesaid, which I purchased of William S. for the sum of 19001. my messuage, farm, and lands situate at or near to the said estate at B. aforesaid, which I purchased of James P., my lands in

-, contiguous to the said estate at B., and intermixed therewith, which I purchased of John G.,

-, lying also contiguous to the said estate at B., wbich I purchased of Hugh H., which several premises so purchased by me are partly freehold and partly leasehold; and also as to, for, and concerning my messuage, farm, and lands situate at B. in the said county, and all the rest of

to be transferred to

Mont.

my lands in

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