Other clauses to be inserted in advise, but to be conformable to the spirit of this will. and and through the commons of is there the boundary of the parish of G. against the said parishes of A. and B. And further, that no sale, alienation, or disposition as last mentioned shall be made of the alternate right of presentation to the rectory of K except for the actual exchange of or for the alternate right of presentation to the rectory of A. in the said county of N. upon such terms as the said Sir G. C. R. M. J. D. J. Č. J. and J. F., or the survivors of survivor of them, or the executors or administrators of such survivor shall judge proper. And my will is, and I do hereby declare, that there shall likewise be inserted in the said settlement, all such further and other additional clauses, declarations, agreements, powers, and provisos, as the counsel of the said J. W. and Sir R. J. B. or the survivor of them, or the executor or administrator of such survivor shall advise to be proper or expedient, but conformable to the general spirit and interest of this my will. And I do hereby declare that the said term of 99 years hereinbefore limited in use to an annuity for them the said Sir G. C. R. M. and J. D. of and in the hereditaments and premises in N. as aforesaid, is so limited to them, and that they the said Sir G. C. R. M. and J. D. and the survivors or survivor of them, and the executors and administrators of such survivor shall stand and be possessed of, and interested in the same, and the hereditaments therein comprised, upon the trusts, and to and for the intents and purposes, and under and subject to the provisos hereinafter declared or expressed, of and concerning the same, that is to say, in trust by mortgage of the hereditaments comprised in the same term, or a competent part, or competent parts thereof, from time to time, and by and out of the rents, issues, and profits thereof, or by any of the said ways and means, or by any other such ways and means as to the said Sir G. C. R. M. and J. D., or the survivors or survivor of them, or the executors or administrators of such survivor shall seem meet, Trust of the term of 99 years, to raise the person named. to levy and raise, by even and equal quarterly payments or portions; one annuity, or clear yearly sum of 4001. of lawful money of Great Britain, during the life of my said brother R. H. and for one year after his decease, free from all deductions or abatements whatsoever, and also all such sun and sums. of money as shall be sufficient to pay and reimburse to the said trustees respectively, their respective executors and administrators, all costs, charges, losses, damages; and expences, which they respectively shall or may sustain, expend, or be put unto, in, or about the levying or raising the said annuity or yearly sum of 4001. or any part thereof, or in any wise relating thereto, and from time to time, by and out of the said annuity or yearly sum of 4001. aš the same shall be received, in the first place to make such allowances to my said brother R. H. as are now usually made to him, and to defray and pay the other charges and expences now usually incurred for his maintenance, together with such further additional sums as the said Sir G. C: R. M. and J. D. or the survivors or survivor of them, or the executors or administrators of such survivor may deem requisite or proper for his additional comfort or convenience; and also all expences attending the funeral of my said brother; and all just debts as may be owing by him or on his account at the time of his death, and from time to time to pay the residue of the said annuity or yearly sum of 4001. after answering all and every the purposes aforesaid, to the person or persons who shall for the time being be intitled to an immediate estate of freehold, of and in the hereditaments comprised in the said term of 99 years, expectant on the same term, or to the receipt of the rents, issues, and profits thereof, for his, her, or their own absolute use and benefit. Provided always, and I do hereby declare my will to be, that from and after the trusts and purposes by this my will declared or expressed, Proviso for ces of or concerning the said term of 99 years, shall be ser of the term fully performed and satisfied, or shall become unshall be fulfilled. necessary or incapable of being performed, or be when trusts Trusts of the term of 2000 years to aid the personal estate, if insufficient, in paying the debts, charges, and legacies, and to defray the expence of keeping the premises term in repair; to pay the expences of renewals of otherwise discharged, the said term of 99 years, of and in the said hereditaments comprized therein, or so much thereof as shall not have been mortgaged for the purposes aforesaid, shall cease, determine and be absolutely void to all intents and purposes whatsoever. And I do hereby declare that the said term of 2000* years herein before limited in use to them, the said SirG. C., C. M., J. D., J. C J. and J. F., their executors and administrators as aforesaid, is so limited to them, and that they the said Sir G. C., R. M., J. D., J. C. J., and J. F., their executors and administrators, shall stand possessed of, and interested therein, upon the several trusts and to and for the several comprized in the intents and purposes, and with, under, and subject to the several powers, provisos, restrictions and declarations following, that is to say, upon trust, that they the renewable leases, said Sir G. C., R. M., J. D., J. C. J., and J. F., and and fines upon the survivors and survivor of them, and the executors copyholds; to pay and administrators of such survivor, shall and do by the expence of mortgage or sale of the hereditaments and real estate comprized in the said term or a competent part or competent parts thereof, from time to time, and by and out of the rents, issues, and profits thereof, or by cutting down timber or other trees, so nevertheless that no timber or other trees be cut down without the consent in writing of the person or persons, to pay additional for the time being, intitled to the next immediate estate of freehold of and in the said hereditaments shall have been comprized in the said term of 2000 years expectant on the said term, or by all or any of the said ways and means or by any other such ways and means as to the said Sir G. C., R. M., J. D., J. C. J., and J. F., or the survivors or survivor of them, or the executors or younger son may administrators of such survivor shall seem meet, levy marry; and to lay out the residue and raise such sum and sums of money as shall be admittances to purchasing cottages and com mon rights, and of inclosure; a salary to the receiver of the rents of the estates com prized within the first term; portions, and to satisfy such securities as given for the same, and to raise a sum by way of jointure for such woman as testator's * By mistake called 200 years in the former part of the will 20 years of the aforesaid trusts, aftermentioned sufficient to pay, and shall and do accordingly pay, in the funds, to after my personal estate not hereby specifically be- accumulate for queathed shall be applied so far as the same shall term as a fund extend, my funeral expences, and the expences of first place to proving this my will, and the pecuniary legacies, satisfying the (except the additional portions) and the annual sums and then to for my younger children, hereinafter directed to be answer the raised or paid and given, and all my bond, simple objects. contract, and other debts, and the interest of such debts as carry interest, as the same shall become due, and all arrears thereof, and all the expences of keeping the said several premises comprized in the said term of 2000 years, in good order and repair, and the taxes, assessments, and out-goings in respect thereof payable by the landlord, and the expences of renewing from time to time the leases of my several leasehold estates hereinafter bequeathed until the whole beneficial interests therein respectively shall vest in any person or persons absolutely, (so nevertheless that no renewal shall be taken of the lease of the manors of S, and the lands and tenements hereinafter mentioned to be holden by lease under the crown, without the consent of such person or persons as hereinafter mentioned) and also the expences of all admittances to copyhold estates under this my will, and the expences attending the purchase of any cottages, with the appurtenances and commonable rights within the parish of F. aforesaid, which the said Sir G. C., R. M., J. D., J. C. J. and J. F., or the survivors or survivor of them, or the executors or administrators of such survivor shall judge it expedient to purchase, so as the consideration-money for the whole of such purchases do not exceed the sum ofl. and so as the hereditaments so to be purchased be settled and assured to such uses, and upon, to, and for such trusts, intents and purposes, and with, under, and subject to such powers, provisos, limitations, and declarations, which at the respective times of such purchase or purchases being made, shall be subsisting or capable of taking effect of the hereditaments and premises comprized in the said term of 2000 years, under or by virtue of this my will, or of the settlement hereinbefore directed to be made as aforesaid, and also all expences attending any inclosure of the common of F. and the planting thereof or otherwise improving the same; and the expences of my trustees and executors in the execution of this my will and the trusts and powers herein contained, and a proper and sufficient salary or allowance to the person or persons who for the time being shall be employed in managing my estates comprized in the said term of 2000 years, and receiving the rents and profits thereof, and keeping books and accounts for my trustees for the time being, of all matters relating to this my will, and the trusts herein contained or expressed and in the next place levy and raise, and pay such additional portions for my daughter L. and my said son E. as are hereinafter mentioned, when and as the same respectively shall become due and payable, and be called in and demanded, or discharge and satisfy such securities as may have been given for the same, and all mort gages which shall have been made for raising the same, and also such annual sum for or in the nature of a jointure for any woman with whom my said son E. shall happen to marry, as hereinafter is mentioned, and such sum in gross for the benefit of the younger sons and daughters of my said son E. as hereinafter is mentioned, and all such sum and sums of money as shall be sufficient to answer all and every the payments hereinafter directed to be made out of the money to arise or be received under or by virtue of the trusts of the said term of 2000 years; and shall and do accumulate from time to time for and during and unto the full end and term of 20 years, to commence and be computed from the time of my decease, so much of the rents, issues, and profits of the said hereditaments and premises com |