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ter M. E. L. signified in writing under her hand, if living, and if she shall be then dead, then of the proper authority of my said trustees or trustee for the time being,) to sell and transfer all or any of the stocks, funds, or securities, wherein or upon which any part of my property shall be placed out or invested, in pursuance of this my will (but not without the consent in writing of my said wife J. S. if Jiving, in case any of the stocks, funds, or securities, desired to be sold or transferred shall form part of the security or provision hereinbefore provided for the benefit of my said wife during her life) and to lay out and invest the money to be produced by or from such sale or transfer, in or upon any other of the parliamentary stocks or funds of Great Britain, or on any other real securities in England, at interest, and from time to time (with the like consent and approbation as aforesaid,) to vary, alter, and transfer all such stocks, funds, and securities for other of the like nature, when and so often as it shall be desirable or convenient so to do; and that they my said trustees, or the trustees or trustee for the time being, do and shall stand possessed of, and interested in, all such new or other stocks, funds, or securities, ypon such and the same trusts, and for such and the same intents and
purposes, and with, under, and subject to such and the same powers, provisos, declarations, and agreements as are hereinbefore declared or contained, concerning the stocks, funds, or securities, from the sale or transfer whereof such new stocks, funds, or securities respectively shall arise, or such of thein as shall be then subsisting or capable of taking effect. Provided also, and my will further is, and I Clauses for do hereby declare, that if my said trustces, or either changing trus of them, or any of their respective executors or their safety and administrators, or any future trustee or trustees
indemnity. to be appointed in the stead or place of them, or any of them as hereinafter is mentioned, or any of their respective executors or administrators, shall
die, or be desirous of being discharged from, or decline to act, or become incapable of acting, in the execution of the trusts hereby in them reposed, or any of them, then and in such case, and when and so often as the same shall happen, it shall and may be lawful to and for my said daughter M. E. L., by any writing or writings, under her hand and seal, (but having the consent of my said wife J. S., if living) to nominate and 'appoint any other person or persons to be a trustee or trustees in the stead and place of the trustee or trustees so dying, or desiring to be discharged, or declining or becoming incapable of acting as aforesaid, and that when and so often as any new trustee or trustees shall be so nominated or appointed as aforesaid, all the trusts, monies, stocks, funds, securities, and premises, which shall be then vested in the trustee or trustees so dying or desiring to be discharged, or declining, or becoming incapable of acting as aforesaid, either solely, or jointly with any other trustee or trustees, shall be thereupon with all convenient speed assigned and transferred in such sort and manner, and so as that the same shall and may be legally and effectually vested in the surviving or continuing trustee or trustees of the same trust monies, stock, funds, securities, and premises, and such new or other trustee or trustees, or if there shall be no continuing trustee of the same, then in such new trustees only, upon the same trusts and for the same intents and purposes as are hereinbefore expressed and declared of and concerning the same respectively, or such of them as shall be then subsisting or capable of taking effect; and that all and every such new trustees shall and may in all things act and assist in the management, carrying on, and executing of the several trusts herein expressed and contained, as fully and effectually to all intents and purposes, as if he or they had been originally appointed in and by these presents, or as the trustee or trustees, in or to whose place he or they shall succeed, might have
done if living, and continuing to act in the execution of the said trusts. And I do appoint my said executors to be the guardians of my several grand-childen, and of my said natural son J. S., during their respective minorities. And my will further is, and I do hereby declare and direct that my said executors and trustees, and such new trustees as may be appointed in pursuance of the power hereinbefore contained, and each of them, their and each of their executors, administrators, and assigns, shall be charged and chargeable only with and for so much of the said trust monies, and premises as they respectively shall actually receive; and that one of them shall not be answerable or accountable for the others or other, or for the acts, receipts, neglects, or defaults of the others or other of them, but each of them only for his own acts, receipts, neglects, or defaults; nor shall they, or any of them be answerable or accountable for any banker, broker, or other person with whom or in whose hands any of the said monies may be placed for safe custody or otherwise, in the execution of any of the said trusts, nor for the insufficiency or deficiency of any stocks, funds, or securities, in or upon which any of such monies may be invested, in pursuance of and in conformity to this my will, nor for any
other misfortune, loss, or damage, which may happen in the execution of the aforesaid trust, or otherwise in relation thereto, unless the same shall happen by or through their own wilful defaults respectively. And also that they my said trustees and executors, and such new trustees as may be so hereafter appointed as aforesaid, and each and every of them, their and each and every of their executors, administrators, and assigns, shall and may out of the monies, which shall come to their respective hands, by virtue of the trusts aforesaid, retain to and reimburse himself and themselves, and allow to his and their co-trustees and co-trustee, all costs, charges, and expences which they or any of them may
respectively sustain, expend or be put unto, in or about the execution of the trusts aforesaid, or in anywise relating thereto. And lastly, I do hereby revoke all former and other wills by me at any time heretofore made.
A Will equally dividing the testator's whole sub
stance between his two sons, : being his only children, subject to a provision for his widow.
THIS is the last will and testament of me, H. L. C. of-, &c. Esq.; my soul I humbly recommend* to the mercy of Almighty God, and I desire that my
* Of late years it has been the fashion, for there is a fashion eren in the last acts of a man's life, to omit these solemn preambles. ! confess myself an admirer of them, as believing it to be useful to the surviving relatives of the testator to draw their attention to the tremendous consequences of the separation of soul and body, at a season of impressibility and reflection: against the practice I perceive nothing but the dread of posthumous sarcasm, from those who find it convenient to brand with hypocrisy every sentiment of devotion, and who push their intolerance against the opien believer beyond the boundary of the grave. A gentleman has put into my hands a will of one of the Judges, made just after the restoration, the preamble of which seems to me to be affecting and interesting
In the name of God, Amen, I, Thomas L., of, &c. one of the Barons of his Majesty's Court of Exchequer, finding myself pressed with many infirmities of body, through age, and suffering in these latter times, which puts me in remembrance that I have no long time to continue in this life, and that it is my duty to settle and dispose of that small remainder of estate which it has pleased God in his mercy and goodness to preserve to me, when so many virtuous men have lost all their possessions through the calamitics of these unhappy times, do make this my last will and testament; first I commend my soul to the Lord of life, steadfastly believing that through the merits and satisfaction of his Son I shall obtain pardon for my many transgressions; and that having finished these days of
body may be interred without any unnecessary pomp or expence, in such spot as my executors may think convenient and proper for that purpose. In the first place, I charge all my estate and effects, of every description, with the payment of my debts, funeral and testamentary expences and such legacies as I shall hereinafter bequeath; and subject thereto, i give, devise, and bequeath unto my friends R. and S. all my messuages, farms, lands, estates, and hereditaments, with the appurtenances, wheresoever situate; and also all my personal estate and effects whatsoever and wheresoever, to and to the use of them the Testator gives said R. and S., their heirs, executors, administrators, to trustees.
all his property and assigns, for ever, upon the trusts, nevertheless, and to and for the intents and purposes, and with, under, and subject to the several powers, provisos, limitations, and declarations hereinafter limited, expressed, and declared, of and concerning the same respectively, (that is to say ) upon trust, that they or the Upon trust out survivor of them, or the heirs, executors, administra- of the rents and
profits of his tors, or assigns of such survivor, as long as they or he messuages and shall continue to receive the rents, issues, and profits, to keep them in of any of my said 'houses, tenements and heredita- good repair and
. ments, under the dispositions of this will, or any of insured from firs. them, do see that the same are kept in all substantial and necessary repair, and that the same or such as have usually been insured from damage by fire, be still kept insured to such value and amonnt as has been usual with regard to the same respectively, taking care that the expence of such repairs or insurances fall respectively upon the person or persons beneficially interested in the same under the provisions of this my will, and that in case any such loss
And to lay out or damage shall happen, that the money to be the money re
misery and mortality, I shall inherit everlasting quiet ; and I give my body to the earth, whereof it was made, to be decently interred, without any superfluous charge or expence, in humble hope that it shall rise a glorious body at the general resurrection.