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tion or appointment as aforesaid, the share or shares of him, her, or them so dying, of and in the said stocks, funds, and securities, shall go and accrue to the survivors or survivor, or others or other of such children, and be equally divided between or among them, if more than one, share and share alike, and be transferible at such ages, days, and times as his, her, and their original portion or portions shall, by virtue of this my will, become transferible as aforesaid: and that in case of the death of any other of the said children (without having lawful issue before such accruing or surviving share or shares shall become vested as aforesaid) then every such accruing or surviving share or shares shall again become subject and liable to such further right, chance, contingency, or condition of accruer or survivorship, as hereinbefore is declared touching the original portion or portions. Provided nevertheless, and I do in case of any hereby expressly declare, that in case any such dying and leaving child or children shall have left issue of his or their to take the shares body or bodies lawfully begotten, then my will is of their respecthat such issue shall have and be entitled to such the same age and share or shares of and in the said stocks, funds, and time as is before securities as his, her, or their deceased parent or respect to the parents would have had and been entitled to under shares of their this my will, if living, (such share or shares to be transferred to such issue at such age or time as hereinbefore declared with respect to the transfer of their parents' shares). And upon further trust, that The interest of they my said executors and trustees, or trustee for their respective the time being, do and shall pay and apply the di- plied in saintevidends, interest, and proceeds of the share or shares nance. of such of the said children as shall not have acquired a vested interest in the share or shares herein before provided or intended for him, her, or them, for or towards his, her, or their maintenance and education respectively, until the same respectively shall become transferible, until which period it is my will that my said daughter M. E. L. shall (if she shall so
cannot now be
That the daugh- long live) have and be entrusted with the mainteter is to have the education and
nance, education, and conduct of her said children, maintenance of and shall receive from my said trustees or trustee
such dividends, interest, and proceeds, for the pur
pose of enabling her to undertake, carry on, and The said sum of defray the expences of the same. Provided, and my 50ool: to be re, will is, and I do hereby expressly declare, that the satisfaction of said sum of 50001. hereinbefore given and directed the like sum of to be laid out for the benefit of the younger children 5000l. secured by bond, to be of my said daughter M. E. L. by the said J. L. C. paid to the hus- her present husband, is by me meant and intended, daughter on the and shall accordingly be considered and be accepted, marriage.
and taken, as and in lien and full satisfaction and recompence of the sum of 50001. which bv a bond executed by me previous to the marriage of my said
daughter with her said husband, I have secured to be Which said mar . paid for the benefit of such younger children, acriage portion
cording to his appointinent, which appointment, by paid to the hus- reason of the mental imbecility of the said J. L. C. band, on account cannot now be made in a proper, reasonable, and of his mental imbecility. effectual manner." And therefore my will further is, If any claim for such portion
and I do hereby accordingly direct and declare, that shall be set up in case any claim or demand shall be made, and any the trustees are proceedings at law or in equity shall be commenced or to resist it, and instituted, either by the said J. L. C. or by any other pences out of the person or persons, in his name, or on his account residuary estate. or behalf, or claiming by, from, through, or under, or
in trust for him, upon or in respect of the said bond, or the said sum of 50001. thereby secured, or any part thereof, or any interest to arise therefrom, my
said executors and trustees, or the trustees or trustee for the time being, shall forthwith apply to the High Court of Chancery for redress against such claim and demand, or adopt such proceedings as they shall be advised to pursue by their counsel for resisting the same; the expences of obtaining which opinion of counsel, and of such application to the said court, and of all such other proceedings as shall be advised and adopted as necessary to resist such claim, I do hereby empower and direct my said
executors and trustees, or the trustees or trustee for the time being, to pay and discharge out of my residuary personal estate. And my will further is, and And if any body I do hereby expressly order, that in case any per- any claim upon son or persons, for whom or for whose benefit a the bond, this provision is hereby made, or intended to be made, legacy to be void. shall make or prosecute any claim or demand for or in respect of the said bond, or the said sum of 50001. or any part thereof, then and from thenceforth such person or persons shall be utterly excluded and deharred from all benefit or provision under or by virtue of this my will, or of the dispositions therein contained. Provided also, and my will is, and I do hereby further direct, that in case ali and every the child and children of my said daughter M. E. L. by the said J. L. C. her present husband, (other than and except an eldest or only son, and an eldest or only daughter, entitled for the time being to the said estate at B. aforesaid) who being sons, shall depart this life under the age of 21 years, without leaving lawful issue of their or any of their bodies, or being daughters, shall depari this life under that age and without having been married, then they my said executors and trustees, or the trustees or trustee for the time being, shall stand possessed of and interested in the said stocks, funds, and securities, or so much thereof as shall remain unappointed or undisposed of as aforesaid, in trust for, &c.
And I do hereby also give and bequeath to the Testator devises said A. B., C, D., and E. F., their executors, admi- 8001. capital nistrators, and assigns the capital stock or sum of tees, to pay the 8001. like five per cent, annuities, or so much of dividends to the such other stock standing in my name at the time of daughter
, until my decease, as will be sufficient to produce the an- he shall come innual sum of 401.; and in case I shall not at the time the estate settled of my decease have sufficient stock standing in my upon him, by name to produce that sum, then I give and bequeath in the interim;
and when he to my said executors and trustees, so much money possession of the as will be sufficient to purchase as much stock (acsettled estate, or cording to the then current price thereof) as will the life.time of produce such annual sum, upon trust, that they my his father, then said executors and trustees, or the trustees or trustee to sink into the for the time being, do and shall cause the same to be
transferred into their or his own name or names, and do and shall, until my grandson J. L. the eldest son of my daughter M. E. L. shall come into possession of the estate at B. aforesaid, (so entailed on the eldest child of the marriage of my said daughter and her present husband, as hereinbefore mentioned) pay the interest or dividends, arising from the said stock, unto my said grandson J. L. and his assigns, and authorize and empower him and them to receive the same to and for his own use and benefit. Provided, and my will is, and I hereby direct, that from and after the decease of my son-in-law the aforesaid J. L. C. whereby my said grandson J. L. will come into possession of the said estate at B. aforesaid, or be entitled to the receipt of the rents, issues, and profits thereof, or in case my said grandson shall depart this life in the life-time of his said father, then from and after his decease, whichever shall first happen, the stock hereinbefore by me given, or directed to be purchased, for the benefit of my said grandson, shall sink into and become part of the residue of my personal estate, and shall go and be ap plied according to the dispositions thereof hereinafter
contained. And I do hereby give and bequeath to An additional legacy to two each of my grand-daughters S. and M. (over and grand-daughters. above their share in the said süms of 50001, as two
of the younger children of my said daughter M. E. L. by the said J. L. C. her present husband, and over and besides such other shares and benefit as they respectively shall have or take under this my will) the sum of 10001. of lawful money of Great Britain, to be an interest vested in them respectively, on their respectively attaining the age of 21 years, or on their respective days of marriage with such consent
as hereinbefore mentioned, which shall first happen, nevertheless the actual payment thereof shall be postponed until after the decease of my said daughter M. E. L. (who during her life shall have and be entitled to the interest and produce thereof). Provided, and I do hereby declare, that in case either of my said grand-daughters S. and M. shall depart this life before she shall attain her age of 21 years, or be married, then the sum of 1000 i. hereinbefore given to her, (in the event of her attaining such age or being married) shall go and be paid to the survivor of my said two grand-daughters, to become vested and payable as hereinbefore is mentioned in respect to her original share.
And in case both my, said grand-daughters S. and M. shall depart this life under the age of 21 years, and without having been married, then the said two several sums of 10001. (hereinbefore given to them in the event of their attaining such age, or being married as aforesaid) shall sink into and become part of my residuary personal estate, and shall go and be applied according to the dispositions thereof contained. And I do hereby give and be- Gives 1000l.to queath to my said executors and trustees the like be laid out by sum of 10001. of like lawful money, upon trust, the funds in their that they my said executors and trustees, or the trus- names, who are tees or trustee for the time being, do and shall lay vidends in mainout and invest the same in their or his own names cator's natural or name, or in or upon government or real securi- son. ties in England, at interest; and do and shall during the minority of my natural son J. S. now aged 13 years or thereabouts, born at
on the 23d day of October, 1789, now at school at pay, apply, and dispose of the dividends, interest, or proceeds of the said last-mentioned stocks, funds, and securities for and towards his maintenance and education, and in providing clothes and other necessaries for him, in such way as my said trustees or
the trustees in