A catalogue of

the books, and an inventory to

be made of the plate, linen, china, pictures,

&c.

One to be de

livered to testator s eldest son

youngest son,

and another to the trustees.

direct, that as soon as may be after my decease, a catalogue of all my books shall be taken, and an inventory made of all my plate, linen, china, pictures, prints, furniture, and household goods at

-

prints, furniture, house, such inventory to be made by two or more persons used and accustomed to business of this kind, one of them to be named by my eldest son, and the E-, one to the other or others by the said Sir G. C., R. M., J. D., J. C. J., and J. F., or any two or more of them, and three copies at least of the said catalogue and inventory respectively, shall be made and signed by the persons taking the same respectively, one copy of which said catalogue and inventory respectively shall be delivered to my eldest son, one to my youngest son, and one to the said Sir G. C., R. M., J. D., J. C. J. and J. F., or one of them; such last-mentioned copy of the said catalogue and inventory to be kept and preserved, with the books, papers, and receipts, relating to the trust estate as aforesaid: and I direct that no articles whatever be removed from my said house until such catalogue and inventory shall be taken and signed. I bequeath to my dear wife all the furniture in the house at ; I give and bequeath all my horses, and other cattle, and other my live stock, cattle, and farm and all my farming and gardening implements and ing stock, to his utensils, and also all ines, liquors, stores, and prosolutely: same as Visions, in or about my house at

No articles to

be removed until such inventory

and catalogue shall be made.

To his wife all the furniture in

the house at

All his horses,

eldest son ab

-, aforesaid, to his wines and to my said eldest son, absolutely; I give to my daughter L. the whole of the furniture belonging to and commonly used in her apartments in

liquors in house.

Tc other children the furniture in their respective apartments.

house, and to my younger son all my books, plate, china, pictures, linen, household goods and furniture, in the chambers he now resides in or may reside in, or occupy at the time of my decease, and also[various specific bequests).

A Will disposing only of personal Property.

This is the last will and testament of me, J. S. of T. in the county of Esquire:-First, I will and direct, that in case I shall die within the distance of 10 miles from S. in the said county of , my body may be interred in the parish church there (where my late wife A. S. lies buried) in a decent but very plain manner, at the discretion of my executors hereinafter named (who, in case of any occurrence taking place to prevent my being buried at the place above mentioned, may direct my interment at such other place as they shall judge most proper) the expences attending which interment, and also all my just debts, and the expences of proving this will, and also the legacies hereinafter by me given, I do direct my executors to pay and discharge as soon as conveniently may be after my decease. I do hereby constitute and appoint A. B. C. D. of and E. F. of

of

, to be the executors of this my will; and, in the first place, I give and bequeath to them the said A. B, C. D., and E. F., as such my executors, the capital stock or sum of 80001. five per cent. annuities, or so much of such other stock standing in my name at the time of my decease as will be sufficient to produce the annual sum of 4001. and in case I shall not at the time of my decease have sufficient stock standing in my name to produce that sum annually, then I give and bequeath to my said executors so much money as will be sufficient to purchase so much stock in one other of the parliamentary funds of Great Britain (according to the then current price thereof) as will produce such annual sum, (which stock I do hereby direct my executors to purchase accordingly) upon trust, that they my said execu→

Bequeaths a certain quantity of stock in the pub lic funds to his

executors.

transferred into

their own

with the names

or articles made

marriage.

To pay the dividends to his

and after her

residuary estate.

That the said wife shall be in lieu of her dower.

provision for his

The stock to be tors do and shall cause the said stock to be transferred into their own names, jointly with the trustees or names, together trustee under the settlement or contract made on of the trustees in my marriage with my present wife J. S.; and do and the settlement shall pay the interest or dividends arising from such on the testator's stock to my said wife (when and as the same shall from time to time arise and be received) during her life, for her own use and benefit; and from and after wife for her life, the decease of my said wife J. S. my will is and I do death the prin- hereby direct, that the stock herein before by me cipal to sink into, and become part given or directed to be purchased for her benefit of, the testator's shall sink into and become part of my residuary estate, and shall go and be applied according to the dispositions hereinafter by me made of the same. Provided and I do hereby expressly declare my will to be, that the provision made by this my will for my said wife J. S. is by me intended to be, and to be accepted by her, in lieu and in full satisfaction and recompence of all such benefit or provision, ast I have by such marriage settlement or contract provided or made, or covenanted, agreed, or contracted to provide, or make for her, either by way of annuity or otherwise howsoever; also I give and bequeath tỏ gives 5000l. to A. B., C. D., and E. F. the sum of 50001. of lawful money of Great Britain, upon trust, that they my said executors, or the survivors or survivor of them, or the executors or administrators of such survivor, do and shall, with all convenient speed, place out and invest the same sum and every part thereof in their or his own names or name in the public stocks or funds of Great Britain, or on real or government real securities. securities in England, at interést, and do and shalf stand and be possessed of and interested in such last-mentioned stocks, funds, or securities, upon the several trusts, and to and for the several ends, intents, and purposes, and with, under and subject to the several powers and provisoes hereinafter expressed and declared of and concerning the same, that is to say, upon trust, that they my said executers and

Testator them

his trustees.

To invest the same in the

funds, in their Dames, or on

last-mentioned

the children of

according to ar

trustees, or the trustees or trustee for the time being, do and shall transfer, assign, and pay the said last- To transfer and mentioned stocks, funds, and securities unto all and assign the same every the child and children of my daughter Mary stocks, &c. to Elizabeth L. (wife of J. L. C. of B. in the county of testator's daugh-) by her present husband, (other than and ter M. E. L. except an eldest or only son or an eldest daughter, pointment of the entitled for the time being to the estate at B. afore- said M. E. L. said, which is entailed on the eldest child of their narriage) at such age, day, or time, if there be but one, and if more than one, then at such respective ages, days, or times, and in such parts, shares, and proportions, and subject to such conditions, restric tions, and limitations over (such limitations over to be for the benefit of some or one of the said children) as my said daughter M. E. L. at any time or times during her life, by any deed or deeds, writing or writings, with or without power of revocation, to be sealed and delivered in the presence of and attested by two or more credible witnesses, or by her last will and testament in writing, or any writing in the nature of or purporting to be her last will and testament, or any codicil or codicils thereto, to be signed and published in the presence of and attested by two or more credible witnesses, (whether she shall be covert or sole, and notwithstanding any coverture she may be under) direct or appoint; and And in default in default of such direction or appointment, then of appointment, upon trust, that they my said exccutors and trustees, dren equally, or the survivors or survivor of them, or the executors or administrators of such survivor, do and shall transfer the said stocks, funds, or securities to such child, if there shall be but one, and the same shall be a daughter, on her attainment to the age of 21 years, or day of marriage, provided the same is entered into with the consent of my said daughter M. E. L., or if a son, upon his attainment to the age of 21 years; and if there shall be more such children than oue, then my will is that the same stocks, funds, and securities, in default of

among the chil

with survivor

ship.

That any ap pointment of part shall stand good; but in

appointment,

not come in with

the rest, until they shall have

so much of the nappointed re

sidue as will make their shares equal.

such direction or appointment as aforesaid, be equally divided between or among them, share and share alike; the share or shares of such of them as shall be a daughter or daughters to be transferred to her or them respectively, on her or their attaining her or their age or respective ages of 21 years, or on the day or respective days of her or their marriage, which shall first happen, (provided such marriage shall be had with the consent of my said daughter M. E. L.); and the share or shares of such of them as shall be a son or sons to become vested in him or them respectively, on his or their attaining his or their age or respective ages of 21 years. Pro

vided nevertheless, and I do hereby declare, that the appointment to be made by my said daughter a partial M. E. L. of any such portion or portions as aforesaid, those who are the pursuant to the power herein before given to her; objects of it shall shall not be invalidated or prejudiced by any omission or default of her appointment of the residue of such portions, under or by virtue of any such direction or appointment made pursuant to the same power, but that any such child or children who shall be benefited by any such partial appointment shall have or be entitled to no further or other share of or in the unappointed residue of the said stocks, funds, and securities, until every other child shall have received so much of such unappointed residue as will make his or her share or portion equal if not otherwise so, to that of the child so taking under such direction or appointment as aforesaid. Provided and I do hereby declare, that if any such child or children, being a son or sons, shall depart this life before he or they shall attain his age or their respective ages of 21 years (without leaving lawful issue of his or their body or bodies) or being a daughter or daughters, shall depart this life before she or they shall attain her age or their respective ages of 21 years, or be married, then and in default of any such direc

*See Note in page 527.