To pay over the sum stated his father's exe cutor, to be the balance owing from him,as such 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 distinguished by the armorial bearings of his and my late mother's family, or one of their families; and 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 -1. (which is stated in my said account as executor to be the amount of the balance owing from me, as such, in respect of the clear residue of my said father's personal estate, to be laid out in the purchase of lands as aforesaid, or such other balance or sum of money as may be found due on the taking of such account. And whereas it will appear from my said account, as executor, that some articles of my said late father's furniture were sold by me, which proarticles of his fa- duced the sum of — -7. I direct my executors to executor, in respect of the re sidue of his fa ther's personal estate, to the per son or persons entitled to receive the same under his father's will. To replace some And to pay over a sum left by his father to a cha rity. 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 same under my said father's will. And in as much as I have in my hands, as executor as aforesaid, the sum of 26 l. 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 tor's wife. fixed or fastened the officiating minister, for the time being, of the said church. And I give unto my said wife an annuity or Additional anyearly sum of 101. of lawful money of Great Britain, nuity to testaduring 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 7. (such value to be ascertained by the general appraisement which I desire 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 possession 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 wife for her use life. And from and immediately after her decease and after her deI give the same to George N., second son of the cease, to two said William N., if he shall be then living, absolutely, and if he shall be then dead, unto Peter N., third son of the said William N., if he shall then be living, absolutely; but if neither of them the * See note in page 540. (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 I. S. (the legatee) shall chuse, is good; 2 P. Wms. 387, Peck v. Halsey. with the house are armorial during her life, persons named in if neither should be succession, and living at tes tator's decease to the personal es go together with tate. Legacies and mourning. 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 undertaking for the delivery thereof by her representatives, upon or immediately after her decease, to the person or persons who shall be entitled to the same under this my will. I give to S. P. the sum of 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 ex1 ecutors the sum of 1001. a piece, as an acknowledgment 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 às 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 trustees or trustee do apply the interest or dividends arising therefrom, for or towards the education of four poor boys, at or in the said school at G. aforesaid, to be from time to time nominated by such trustees or trustee for the time being. I give the sum of 1007. to the treasurer for the time being of the infirmary of -, in the county of For educating four poor boys. To a hospital. to be applied to the charitable purposes of that inA sum to be dis- stitution; and I direct my executors to distribute the tributed as alms. sum ofl. among such poor persons attending divine service in the parish church of G. aforesaid, the Sunday next after my death, and in such propor 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. with power to securities. 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 the personal esdue 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 anmy 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 the interest or dividends thereof, as and when the the purpose of same shall amount to 1007. in like stocks, funds, accumulation or securities, so as to cause the same to accumulate until the principal shall be payin 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 -, 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 survi said 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 nuities, dividends for mentioned. other third to-, at 21, with (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. And if neither of the three should live to shall attain her age of 21 years; in case any one or more of them the said George N. Peter N. and María 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 original share or shares; and in case all of them the said George N. Peter N. and Maria N. shall die without to be transferred any of them having attained the age of 21 years, to-. Devise of his and farms not under settle ment. then will is that the whole of such stocks, funds, 'appoint the said will and testament. And I executors of this my last And as to my messuage, farm own messuages and lands, situate at or near W. aforesaid, I give the 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., my lands in -, lying also contiguous to the said estate at B., which 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 |