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643 after my interment, cause a full, true, and accurate Executors withe inventory schedule and account to be made and in a month after, taken of all and singular my estate and effects of ment to make an every nature or kind whatsoever, whether real or per- his estate and sonal, and that five fair copies thereof shall be trans- effects. cribed and signed by all my said executors, and that one of the said copies so signed as aforesaid shall be delivered to each of my said executors, for his own use. And I will and direct that all such debts and sums of money as I shall justly owe at the time of my Debts and decease, together with the expences of my funeral, tamentary and the probate of this my will, and the execution charges to be thereof, be fully paid and satisfied by my said exe- personal estate. cutors out of my personal estate. I give and bequeath to my dear wife S. T, the sum of 1001. to be paid to her immediately after my decease ; and to each of my children who shall be then living, the sum of 201. to be applied by their mother, for their use in mourning and necessaries, immediately after my decease.
funeral and tese
I give and bequeath unto my said wife S. T., Annuity to the over and above the estates which are already viduitate, over gettled upon her, (situate, &c.) one annuity or and above the
settled provision. yearly sum of 4001. for and during the term of her natural life, in case she shall so long continue my widow; and I do hereby direct that the same shall be charged upon the interest to arise, accrue, or be paid, as hereinafter is mentioned, from or by the capital to be employed in my trade or business of
-, which is to be carried on by my said executors, according to the directions hereinafter for that purpose given and contained. And that the said annuity or yearly sum of 4001. shall be paid to her my said wife, by four equal quarterly payments, on Lady-day, Midsummer-day, Michaelmas-day, and Christmas-day, in every year, the first payment thereof to begin and be made on such of the said days as
shall next happen after my decease. · But in case my said wife shall marry again at any time after my decease, then and in such case, I revoke the said be quest of the said annuity of 4001, hereinbefore given
to her, and direct that the same shall from thenceIn case of her forth cease and determine; and instead thereof, I give second marriage and bequeath unto
one annuity seduced and paid or yearly sum of 3001. for and during the remainder to her separate of the natural life of my said wife, subject neverthe
less to the proviso hereinafter contained for determining the same, to be charged upon the interest to arise, accrue, or be paid, as hereinafter is mentioned, from the capital employed in my said trade or business, and to be payable at or upon the like four equal quarterly days of payment as aforesaid, that is to say, Lady-day, Midsummer-day, Michaelmas-day, and Christmas-day, in every year. And the first pay. ment of the said annuity of 3001. to begin and be made on such of the said days as shall first and next happen aster such second marriage of my said wife, upon trust, nevertheless, that they the said (trustees) or the survivors or survivor of them, or the executors or administrators of such survivor, do and shall the said last-mentioned annuity of 300 L. from time to time, as and when the same shall become due and payable and be received by them as aforesaid, unto my said wife S. T., in the manner hereinafter expressed.
And I hereby expressly will, direct and declare, that the said annuity or yearly sum of 3001. or any part thereof, shall not be subject or in any manner liable to the debts, control, engagements, or intermeddling of any husband with whom my said wise shall hereafter happen to intermarry, but that the same shall from time to time be paid into her hands, to and for her own sole separate and peculiar use änd benefit, and not into the hands of any other
person or persons whomsoever. And that the receipt and receipts of my said wife under her hand alone, notwithstanding her coverture, shall from time to time be a good and sufficient discharge, and good and sufficient discharges, to my said trustees, for so much of the said last mentioned annuity as in such receipt or receipts shall be acknowledged of expressed to have been received. (Proviso for restraining her from assigning the annuity, see page 534).
And my will is, that it shall and may be lawful Powerto the wife to and for my said wife in case she shall con- to dispose by will tinue my widow until the time of her decease, (but paid out of the not otherwise) in and by her last will and testament residue of the in writing, to be by her signed and published in the to be reduced to presence of and attested by two or more credible 2000 din upon her
marrying agaio witnesses, to give, bequeath and dispose of the sum of 50001. to be charged and chargeable upon, and raised and paid out of the residue of my personal estate, unto such person or persons, in such parts, shares, and proportions, and in such manner and form as she shall think fit. But in case my said wife shall marry again at any time after may decease, and she shall not at any time during her life have forfeited the said annuity of 300 l, under the proviso hereinbefore for that purpose contained, then and in such case, but not otherwise, it shall and may be laws ful to and for my said wife, by her last will and testament to be executed and attested in such manner as aforesaid, to give, bequeath, and dispose of the sum of 20001, only, to be in like manner charged and chargeable upon, and raised and paid out of the residue of my said personal estate, unto such person or persons; in such parts, shares, and proportions, and in such manner and form as she shall think fit; and I do hereby charge and make chargeable the residue of my personal estate and effects, with the payment of the said sum of 50001. to the legatee or
legatees thereof, to be named in the last will and testament of my said wife, in case she shall continue my widow until the time of her decease, or in case of her marrying again, then with the payment of the said sum of 20007. to the legatee or legatees thereof accordingly.
Power to the wife And my will is, that my said wife shall and may to reside in the reside in the house wherein I now dwell, situate at dwelling-house.
aforesaid, in case she shall think proper so to do, and shall and may have and enjoy the use of all my furniture, plate, linen, china, and glass, which shall be therein at the time of my decease, for and during her life, if she shall so long continue my widow and unmarried, but not otherwise. And in case she shall think proper to quit the said house at any time after my decease, then I give and bequeath unto her my said wise, the sum of 5001. in order to settle her in and furnish for her any other habitation she
may choose to reside in.
Annual sums to
And it is my will and mind, and I do hereby direct be applied out of that the sum of -l. per annum, shall be allowed and the capital of the paid out of the interest to arise, and accrue, as herebusiness for the inafter is mentioned, from or by the capital to be testator's daugh- employed in my said trade or business of ters, varying with their ages.
be carried on by my said executors as hereinafter mentioned, for the maintenance and education of each of my daughters E., S., and M.; and also the like suin of ml. per annum, for the maintenance and education of each and every other daughter ! may hereafter have, until my said daughters E., S. and M., and my said other daughters shall respectively attain the said age of 12 years. And that from and after their respectively attaining the age of 12 years, the sum of 1001. per annum, shall be allowed and paid out of the said interest to arise or accrue as aforesaid, for the maintenance and education of each and every of my said daughters, until they
respectively shall attain the age of 21 years, in case they shall so long continue sole and unmarried, but not otherwise.
And my will is, and I do hereby direct that the said (trustees) or the survivors and survivor of them, or the executors or administrators of such survivor, do and shall as and when each of them my said daughters E., S. and M., and as and when each and every such other daughter as I may hereafter have, shall respectively attain the age of 21 years, or marry with the consent of my trustees or trustee for the time being, or the major part or equal number of them, by and out of my personal estate, lay out and invest the sum of 50007. in the purchase of an equivalent share or shares of the parliamentary stocks or funds of Great Britain, in their, his or her own names or name, and that they the said trustees, or the survivors or survivor of them, or the executors or administrators of such survivor do and shall stand and be possessed of and interested in the stocks, funds, or securities, so to be purchased as aforesaid, upon the trusts, and to and for the intents and purposes hereinafter expressed and declared of and concerning the same, (that is to say) upon trust to pay to, or otherwise sufficiently authorize and empower every such daughter so attaining the said age of 21 years, to have, receive, and take the interest, dividends, and annual produce of the stocks, funds, or securities so to be purchased with one of the said sums of 5000l. during her life, for her own, sole, separate and peculiar use and benefit, and so as the same or any part thereof shall not be subject or in any manner liable to the debts, control, engagements, or intermeddling of any husband whom such daughter may happen to marry. And my will is, and I do hereby expressly direct and declare that the receipt and receipts of every such daughter under her hand shall, notwithstanding her coverture, be a good and
as each daughter
To invest 5000l comes of age, and to pay the
interest to her
for life, to her separate use.