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my freehold and leasehold estates whereof I have power to dispose in possession, reversion, remainder, or expectancy, and not hereinbefore disposed (3) of, I give the same unto and to the use of the said To trustecs. and

their heirs, executors, administrators, and assigns, upon the trusts hereinafter expressed and declared of and concerning the same, that is to say, upon trust, that they and the Upon trust to survivor of them, and the heirs, executors, admi

sell or dispose

thereof. nistrators, and assigns of such survivor, do and shall, as soon after my decease as they or he shall think fit, make sale and dispose of all and every my said freehold and leasehold estates, so devised to them as aforesaid, either together or in parcels, by public auction or private contract, as to them or him shall seem meet, for the most money that be

reasonably had or gotten for the same; and I do hereby Their receipts declare that the receipt and receipts of the said, &c. to be discharges. and the survivor of them, the heirs, executors, administrators, or assigns of such survivor, under their or his hands or hand respectively, shall from time to time be a good and effectual discharge, or good and effectual discharges, to the purchaser or purchasers of the same freehold and leasehold estate, or any part thereof, and his, her, or their heirs, executors, administrators, and assigns, for his, her, or their purchase-money, or so much thereof as in such receipt or receipts shall be expressed to be received, and that such purchaser or purchasers, his, her, or their heirs, executors, administrators, or assigns, shall not be answerable or accountable for any loss, mis


(3) If a testator, in terms, excepts out of his residuary devise what he has before disposed of, such exception takes out of the residuary devise only the interest in the things given, not the things themselves; therefore if a life-estate only in any subject has before been, passed, the residuary devise comprehends and carries the remaining interest; see 3 Atk. 286.

application, or non-application of such purchase

money so expressed to be received ; and as to the And as to the money arising from such sale or sales as aforesaid, money produced (as to which I direct a separate account to be kept), by the sales;

my will is, that the same shall be in the first place In the first place applied in making good the deficiency, if any shall aid of the per then be, of my personal estate, not specifically beSonalestare, in queathed, in paying my debts, funeral, and testacharges and mentary charges and legacies, (save those for charitlegacies;

able purposes) and that the residue of such monies,

or the whole thereof, if there shall be no such deAnd subject to

ficiency, shall be paid to such person or persons, and such application be applied for such intents and purposes, as the in the first place, residue of my personal estate is hereinbefore directas personal, and ed to be paid and applied; and as to the rents, issues, to discording and profits of the said estates, until sale thereof, I of the residue of will that the same shall be paid and applied in such his personal estate.

manner as the interest of the money arising by sale

thereof would be payable or applicable under this Proviso, that if my will, in case such sale had taken place. Provided trustees should always, and it is my will, that in case the trustees or be willing to ac- trustee for the time being of the residue of my said ance of his estate father's personal 'estate, shall be willing to accept a at B-, at the

conveyance and assignment of my freehold and

leasehold estates, in B aforesaid, or any of ebeside by te staa them, or any part thereof, at the above-mentioned lawful for testa- sum or sums of money, for which I purchased the tor's trustees to same, then and in such case it shall be lawful for the veyance, taking trustees or trustee for the time being, under this my so much of the will, to make such conveyance and assignment ac

cordingly, on obtaining a sufficient discharge for so father's residuary mach of the said balance on account of the said estate in his hands as the pur- residuary estate in my hands, as the consideration chase money for

money of the estate or estates comprized in such conveyance or assignment shall amount to. Provided always, and my will is, that it shall and may be lawful to and for the said, &c. and the survivor of them, and the heirs, executors, administrators, and assigns of such survivor, from time to time, by in

sum at which the same was pur

balance of his

such estate


denture or indentures under their or his hands and seals, or hand and seal, to demise or lease the said freehold and leasehold hereditaments, and premises, Leasing power so vested in them as aforesaid, or such of them to trustecs. as shall be remaining unsold or undisposed' of, during the minority of the said I. P. and R. S., or either of them, unto any person or persons,


any term or number of years not exceeding 21 years,

in possession, not in reversion, or by way of future interest, so as upon every such lease there be reserved and made payable, during the contínuance thereof respectively, the best and most improved yearly rent or rents that can be reasonably had for the same, to be incident to the reversion of the premises so to be demised, without taking any sum or sums of money, or other thing by way of fine or premium for the making of any such lease, and so as none of such lessees shall be made dispunishable for waste, and that in every such lease there be contained a clause of re-entry for non-payment of the rent or rents, to be thereby respectively reserved, and that such lessees seal and deliver counterparts of such lease and leases. Provided, and my will further is, [proviso for substituting new trustees with safety, and indemnity clauses.]

Part of a Will directing a Settlement, with Limi

tations in a strict Form for preserving the Estate
in the Family of the Testator.

I GIVE and devise all and singular my freehold manors, messuages, lands, tenements, and hereditaments,

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Testator devises wheresoever and whatsoever, not herein before des his real estates vised, to hold the same unto the said J. W. and Sir sets of trustees R. J. B., their heirs and assigns, to the uses followsuccessively, for ing, that is to say, as to, for and concerning all such terms of 99 and of the same hereditaments and premises, as are 300 years situate in the parish, township, or precinct of N

in the county of N with their appurtenances, to the use of the said Sir G. C., R. M., and J. D., their executors, and administrators, for, and during, and unto the full end and term of 99 years, to commence and be computed from the time of my decease, without impeachment of waste, upon the trusts, and to and for the intents and purposes, and with, under, and subject to the powers, provisos and declarations hereinafter declared or expressed with respect thereto: and as to, for, and concerning all such of the same hereditaments and premises as are situate in the parishes, townships, or precincts of F. H. and S. and the parishes or townships contiguous and next adjoining thereto, with the appurtenances, except the manor or lordship of F, and the advowson of the rectory of F-, to the use of the said Sir G. C., R. M., and J. D., J. C. J., and J. F., their executors, and administrators, for and during and' unto the full end and term of 200 years, to commence and be computed from the time of my decease, without impeachment of waste, upon the several trusts, and to and for the several intents and purposes, and with, under, and subject to the several powers, provisos, restrictions, and declarations hereinafter expressed with respect thereto; and as to, for, and concerning, as well all and singular the said hereditaments, and premises comprized in the said several terms of 99 years, and 200 years respectively, from and after the end, expiration, or other sooner determination of the said terms respectively, and in the meantime subject thereto respectively, as also all and singular other the hereditaments lastly hereinbefore by me devised, from and immediately after

determination of

my decease, to the uses of the said J. W. J., and Sir And after the R, J. B., their heirs, and assigns for ever upon the the terms, to trusts, nevertheless hereinafter mentioned, that is to trustees and theis say, upon trust; and I do hereby direct that they the in strict settle said J. W., Sir R. J. B., or the survivor of them, or ment to his son

and his issue, the heirs of such survivor, shall with all convenient speed after my decease, convey and assure all and singular the said manors, messuages, farms, lands, tenements, and hereditaments, subject as to such of the said hereditaments as are comprized in the said several terms of 99 years, and 200 years respectively, to the same terms respectively, and the trusts thereof, to and for the uses, intents, and purposes, upon the trusts, and with, under, and subject to the powers, provisos, conditions, restrictions, and limitations hereinafter expressed concerning the same, that is to say, to the use of my said son W. A., and his assigns, for and during the term of his natural life (4), without impeachment of waste, so far as is con

(4) Where the object of the testator is to preserve the devised estates as long as possible in his family, he may devise the fee to trustees and their heirs to the following uses, viz. to the use of his eldest son, for the term of 99 years, to be computed from the day of his, the testator's decease, and fully to be complete and ended, if his said son shall so long live, and from and immediately after the determination of the said term, and in the mean time subject thereto, to the use of the trustees and their heirs,. during the life of the said son in trust, in the usual form, to preserve the contingent remainders, and from and after the decease of the said son, to the use of the first and other sons of that son in tail male, to be followed with like limitations successively, in favour of the younger sons of the testator, and their first other sons respectively, remainder to testator's eldest daughter, for a similar term, if she should so long live, remainder to trustees to preserve contingent uses, and so on, with like limitations successively in favour of the testator's younger daughters, with remainder to their first and other sons respectively, in tail male, in the same manner with successive remainders, if testator please, to daughters of sons, and then to daughters of daughters, as tenants in com. non in tail, with cross remainders. The

consequence of thus giving to the children of the testator terms of years determinable with their lives, instead of estates of free.

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