Page images
PDF
EPUB
[ocr errors]

he, she, or they shall attain the age of 21 years. And I will that the portions of such children of the said E, as shall attain the said age of 21 years in his life-time, shall be vested interests, though not payable till after his death. And as a further provision for the said E. B., whom I have hitherto brought up and taken under my protection, I empower my said trustees or trustee for the time being, to apply such sum and sums of money (not exceeding --l in the whole) for placing out the said E. B., apprentice to some profession or trade as they the said trustees or trustee shall think proper, recommending to his choice the profession of

when and so soon as he shall arrive at a proper age for that purpose. And I declare that such sum or sums as may

be thought fit to be applied for that purpose, shall be considered as falling under the class of my pecuniary legacies. And I give and bequeath unto my said trustees and executors, the exchequer annuity of —, which I purchased for the life of my said niece 1. M. my nominee, in trust, to pay and apply the same as she my said neice, notwithstanding her present or future coverture, shall by any note or writing under her hand, direct or appoint, and in default, at any time, of such direction or appointment, then shall and cio pay the same into her proper hands, for her own sole and separate use and benefit, to the intent that the same annuity or any part thereof may noi be subject to the debts, power, or control of her present or any future husband; and I declare that the receipt or receipts of her, or of the person or persons to whom she may direct the same to be paid, shall from time to time, notwithstanding her coverture, be a sufficient discharge or discharges for the said annuity, or so much thereof as in such receipt or receipts shall be acknowledged or expressed to be received. And I release to

the debt secured to me by his bond, and a judgment thereon, and desire my executors to deliver to him the said bond to

[ocr errors]
[ocr errors]

estates.

be cancelled, and to acknowledge satisfaction on the
judgment at his costs. And I give all the goods and
fixtures belonging to me, and now at or upon my
farms and lands in s, in the occupation of
unto

to and for his own use, with-
out any account to be rendered by him to my exe-
cutors in respect thereof, which bequest together
with the legacy of -1. herein before given to him,
I consider as sufficient, having heretofore amply ad-
vanced him. And I give and bequeath all the rest and
residue of my personal estate and effects, of what
nature or kind soever the same may be, unto my said
trustees, their heirs, executors, administrators, and Residue of the
assigns, upon trust, that my said trustees or the trustees be laid out in
or trustee for the time being, do and shall invest the the purchase of
same in the purchase of manors, messuages, lands, be settled as be-
tenements or hereditaments, of a clear and inde- fore directed

concerning the feasible estate of inheritance in fee-simple in pos- before devised session, to be situate or arising somewhere in that part of Great Britain called England ; and do and shall convey, settle, and assure such manors, messuages, lands, tenements, or hereditaments, as may be so purchased, to such and the same uses, upon 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, limitations and declarations, as are hereinbefore directed to be limited, expressed or declared, in and by such settlement as aforesaid of and concerning such of the “, freehold manors, and hereditaments devised by this my will, as are intended to be comprized in the same settlement, or such and so many of them as shall be then subsisting, undetermined or capable of taking effect, Provided, and my will is, that it shall be lawful The same to be for my said trustees, or the trustees or trustee for the placed out in the

funds until contime being to place out my residuary personal estate, venient purin the mean time, and from time to time, until a con

chases can be venient purchase or purchases of lands or heredita- power to vary ments can be found, in the public funds, or upon the securities.

made, with

be

government or real securities at interest, in their, his, or her names or name, and when and as often as it may be thought prudent or proper to call in the principal money so placed out, or to sell and transfer such funds or securities, and to reinvest the principal money so called in or arising by such sale or transfer, in or upon any new or other funds or securities of the like kind, and so from time to time to vary, alter or transpose all such funds or securities

for others of the same nature, so often as it may The interest and thought meet. And my will is, that the dividends and as the rents of interest arising from all such principal money, funds the purchased and securities, shall from time to time go and be estates would go if purchased. paid to such person or persons, and be applied for

such intents and purposes as the rents and profits of the lands, or hereditaments, to be purchased therewith, and settled as aforesaid, would go or be payable

or applicable unto, in case such purchase and settlePower for change ment were actually made. Provided, and my will and substitution of the trustees

further is, that when and so often as any of them the under the will said, &c. my said trustees hereby appointed, or any

succeeding trustee or trustees, (whether introduced into the trusts of this my will or any of them, by nomination or appointment under this present power or by representation of any deceased trustee or trustees), shall die, or refuse, or neglect to act, or be desirous to be discharged from, or become incapable of acting in the execution of the said trusts, or any of them, it shall and may be lawful for the surviving or other trustees or trustee for the time being, whether introduced into such trusts by nomination or appointment, or by representation as aforesaid, by any deed or writing, deeds or writings, under his, her, or their hand and seal, or hands and seals, attested by two or more credible witnesses, to nominate and appoint any other person or persons to be a trustee or trustees for the purposes herein mentioned, or any of them, in the stead of such trustee or trustees so dying, or refusing, or neglecting to act, or being desirous to be discharged

'as aforesaid. And the said trust estates, whether real or personal, shall upon, or so soon as conveniently may be after every such nomination or appointment, be conveyed, assigned, and-transferred, so as that the same may be vested in such new trustee or trustees, (if any) their heirs, executors, administrators, and assigns, according to the nature and quality thereof respectively. And if there shall be no continuing trustee, then wholly in such new trustee or trustees as the case may happeir; and his or their heirs, executors, administrators, and assigns, according to the nature and quality thereof respectively, upon the trusts, and for the intents and purposes, and with, under, and subject to the powers, provisos, ariddeclarations expressed or declared concerning the same respectively by this my will, or such and so many of them as shall be then subsisting or capable of taking effect; and every such new trustee, his heirs, executors, administrators, and assigns, shall have, and be invested with every power and authority hereby delegated to the trustees herein named, either alone or in conjunction with such former trustees or trustee, as the case shall be. Provided also, that my said trustees respectively, for the time being, shall be charged, and chargeable only with such monies as they respectively shall have actually received, and that one of them shall not be answerable or accountable for the other, or for the acts, receipts, neglects, or defaults of the other of them, but each only for his, her, or their own acts, receipts, neg: lects, or defaults, neither shall they my said trustees for the time being, be answerable or accountable for any misfortune, loss or damage that may happen, of or to the said trust estates, monies, and premises, or any part thereof, except the same shall happen by or through his, her, or their wilful default respectively, And also that my said trustees for the time being, and each of them, their and each of their heirs, executors, administrators, and assigns, shall and may

[ocr errors]

by and out of the monies that shall come to their respective hands by virtue of the trusts aforesaid, retain to and reimburse herself, himself, and themselves respectively, and allow to his, her, or their cotrustee or co-trustees, all suchcosts, charges and expences as they, either or any of them shall or may respectively sustain, expend, disburse, or be put unto, in or about the execution of the trusts hereby in them reposed, or in any wise relating thereto. And I appoint

and executrix and executors of this my will. And I also appoint them, and the survivor and survivors of them, guardian and guardians of such child or children as I may have, whether born in my life, or after my decease, during their respective minorities. And I revoke all former and other wills by me at any time heretofore made, and declare this only to be my last will and testament,

In witness, &c.

A Merchant's Will

, providing for the continuance of his Trade under the Management of his Executors for the Benefit of his Family, and for the future Introduction of his Sons into the Business.

THIS is the last will and testament of me, of

I direct that my executors hereinafter named, do and shall within one month

« ՆախորդըՇարունակել »