Page images

ter her death to

of kin.

authority, sell and dispose of all the said property dends to his wife

for life, and afhereinbefore devised to them both real and personal, either together or in parcels, by public auction or transfer and pay private contract, for the best price or prices in the principal money which can be reasonably obtained for the in such shares, same, and convey the same accordingly. And I will shall appoint, and declare that the receipt or receipts of my said and in default trustees, or the trustees or trustec for the time being to and among shall be a sufficient discharge or discharges to the testator's next purchaser'or purchasers thereof, or any part thereof, for the money for which the same or any part thereof shall be so sold as aforesaid, and such purchaser or purchasers, his, her, or their heirs, executors, administrators, or assigns, or any of them, shall not be answerable for any loss, non-application or misapplication of such purchase-money, or any part thereof. And I give and bequeath the money arising from such sale or sales to the said R. and S., their executors, administrators, and assigns, upon trust that they or the survivors or survivor of them, or the executors or administrators of such survivor, do and shall place out and invest the same in or upon any of the parliamentary stocks or funds of Great Britain, and do and shall vary and transpose such stocks for other securities of the like nature, when and so often as it shall seem meet to them, and do and shall pay the interest and dividends of the same unto my said wife E. C., as long as she shall live, or to such person or persons as she shall appoint to receive the same, and from and immediately after her decease, upon trust, that t::ey the said. trustees, or the trustees or trustee for the time being, do and shall pay or transfer all such principal monies, stocks, funds and securitics, unto such persons, in such parts, shares, and proportions, at such days and times, and with, under, and subject to such powers, restrictions, limitations over and conditions, as I may hereinafter direct or appoint in any future will, codicil, testamentary paper, or other writing

under my hand; and in case I shall make no such direction or appointment in respect thereof, or shall dispose only of part thereof, then my will is, that my said trustees or the trustee for the time being, do and shall dispose of all such the said principal monies, stocks, funds and securities, or so much thereof as shall remain unappointed and undisposed of by me, by any subsequent will or codicil, or testamentary paper, or other writing as aforesaid, to and amongst my nearest kindred precisely in the manner in which the statute made for the distribution of intestates' effects, would have disposed of my

personal property in case of my dying wholly inTrustees em

testate. And I give to the said R. and S., whom I powered to sell and dispose of also constitute and appoint executors of this my last any part of the will and testament, full power, with the privity, con personal estate which it may

sent, and approbation of my said wife, if she shall appear to them be living, and if she shall be dead, then of their own benefit of the authority to sell and dispose of any part of my said dispose of, by personal estate and chattels real, for the most money sale, until he shall that can be obtained for the same, if they shall deem have attained the age of 24,

such sale or disposal to be for the benefit of my said and have the full personal estate, until my said son J. C., who is to beShare under the come entitled thereto under this my will, shall have attained his age of 24 years


And I request them The proceeds to

as such executors, to call in any debts due to me stock to accu

upon bond or otherwise, but so nevertheless as to mulate till the son is entitled. give a reasonable time to my bond debtors to dis

charge the same respectively, provided the interest be regularly paid, and the principal be not immediately wanted for the purposes and provisions of this my will, or some, or one of them. And my will is, that all such part of my personal estate and the growing proceeds thereof, as likewise the rents, issues, and profits, of all my real and leasehold estates, remaining in the hands of my said trustees, or the trustee for the time being, after discharging all the said several trusts, and keeping down the said several annuities above granted, as shall not be


be laid out in

wholly in the disposition of one of my said sons, by virtue of the beneficial estate and interest hereinbefore given to him, until the same shall be in the actual possession and disposition of my said sons respectively, by virtue of the provisions of this my will, or some or one of them, shall be invested and laid out in the purchase of stock in such of our public and parliamentary funds as the said trustees or trus; tee shall think most advantageous and desirable, and be permitted and caused to accumulate in the nature of compound interest, until the capital shall, by virtue of some or one of the aforesaid provisions of this my will, be respectively transferible to the persons beneficially entitled to it under the above dispositions, for the benefit of such his estate and interest; provided always, that the said trustees or trustee as aforesaid do and shall keep distinct and separate accounts of the stock so to be purchased as aforesaid, so as to correspond with and relate to the distinct titles and shares of my said sons, under my will as aforesaid. And I further desire and direct If either of his that if either of my said sons, having completed

sons shall be in the 21st year of his age, shall be in treaty for a able marriage marriage becoming his condition, education, and before 24, with family, and such as shall be fully approved of by his mother and my said wife if she be then living, and the other guardians, trusa guardian or guardians appointed by this will, and if him to make a such guardians shall be then all dead, by the said trus

ment. tees or trustee for the time being, he may be enabled, notwithstanding he may be under the age of 24, by the said trustees or trustee to make a suitable legal settlement of all or some part of his share of the real or personal property to which he will be entitled under this my will, upon such intended marriage, the terms and provisions of which 'settlement shall be in his own discretion: provided only that he enters into such bonds and covenants, and executes such reasonable other assurạnces, as shall be deemed by the said trustees or

treaty for a suit.

suitable settle

then she is to


trustee as aforesaid, sufficient to bind and secure to the persons entitled to any annuities or benefits out of or charged upon his said share or division of my testamentary property, the full and-regular payment and satisfaction thereof. And it is my will, that upon such marriage, with such consent and at such age as aforesaid, of either of my said sons, he shall have all the benefit and privileges which have hereinbefore been provided for him on his attaining the age of 24; and that the whole property given to him by this my will shall, upon the said annuities and charges being secured as aforesaid, ultimately and absolutely vest in him, discharged of the

said contingency of survivorship in the other brother. If testator's Wife And I declare my will to be, that if my said wife E.C. should claim her shall insist upon receiving her jointure of 3001. per

annum, which was settled upon her by our marriage take no benefit settlement, bearing date the 19th day of February,

1772, and secured by way of rent charge upon some of the hereditaments and premises above devised to my said trustees upon the trusts hereinbefore-mentioned, she shall take no benefit under this my

will; but the same, as far as respects any provision for her or disposition in her favour, shall be void and of no manner of Tect: and in the event of her attempting to enforce her claims to such jointure or any part thereof, by any of the powers or remedies given to her, or her trustees, by the said settlement for that purpose, I do direct, that in every such case the trustees, or trustee for the time being, under this my will, do and shall, instead of paying to my said wife the annuity or annuities hereinbefore provided for her, or any part thereof, make such disposition of the rents and profits of my said estates hereby devised to them, and which they are hereby empowered to receive, as that my eldest son, for whose share the estates charged with the said jointure are hereinbefore intended, may receive a complete indemnification, and the just proportion between my

two sons, as to the benefit to be derived to them under this my will, may be equally preserved and maintained. [The proper clauses for the safety and indemnity of the trustees.]

And lastly, I do hereby solemnly revoke all former wills and testaments at any time heretofore by me made, and declare this only to be my last will and testament.

A Will comprizing directions for a Settlement of

freehold, copyhold, and leasehold Estates, with various limitations and provisos, by way of ana nuities and rent charges; containing also various bequests of chattels and sums of money.

I, J. W., of

do make this my last will and testament in manner and form following, I desire to be decently interred at

at the discretion of

, my cxecutors hereinafter named; and I give and bequeath unto my wife A. His furniture, all my household goods and furniture, plate, jewels, plate, pictures, watches, linen, china, pictures, books, and wearing wife absolutely. apparel of what nature or kind soever, as well at my town residence as at my residence at maforesaid; and also all my coach-horses, saddle-horses, coach, chaise, and other carriages, and the harness, saddles, bridles, furniture, and other things belonging and appurtenant thereto, together with the live and dead stock(1), farming utensils, and imple

(1) The devise of the stock upon the farm carries the standing crops of corn growing there at the time of the testator's death. Thus, in a late case, where the devise was of all his (the testator's)

« ՆախորդըՇարունակել »