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any child who

subject to the provisions hereinbefore and hereinafter contained for their widows respectively,) the whole of the said sum of 20,0001., and the stocks, funds, and securities on which the same shall be invested, to be upon such trusts for such only son and his child or children respectively, as hereinbefore is de

clared, as to his original share of or in the same. And in case all And in case none of

my

said sons shall have a the sons shall dię child who shall attain the age of 21 years, then as to without leaving

the whole of the said stocks, funds, or securities shall acquire a vested interest,

hereinbefore directed to be purchased as aforesaid, then, subject to (subject to the powers and provisions hereinbefore terest, to go to contained,) upon trust for all and every the children children of the of my said daughters who shall attain the age of ters, and if none 21 years, such children of my said daughters to take ters shall leave a per capita and not per stirpes, in equal shares and child who shall proportions, if more than one; and if there shall be acquire a vested but one such child the whole to be in trust for that interest, then

one child; and if none of my daughters shall have a the whole to be child who shall attain the age of 21 years, then upon testator, durante trust to pay one moiety or equal half part of the viduitate, and

interest, dividends, and annual produce of the said cease to testator's sum of 20,0001. and the stocks, funds, and securities nieces, their ex. on which the same shall be invested, unto my

said ecutors, admini- dear wife during the term of her natural life

, in signs. case she shall so long continue sole and un

married, but without making any deduction out of her said annuity of -1. in respect thereof, and subject thereto do and shall stand and be possessed of and interested in the said trust monies, stocks, funds, and securities, and the interest, dividends, and annual produce thereof, in trust for all my nephews and nieces who shall be then living, or the survivor of them, and the executors, administrators, and assigns of such survivor,

the interest of

upon her de

Legacies to after. Provided also and my will is, that in case I shall born sons, who have any other son or sons hereafter born, either in equal shares in my life-time, or in due time after my decease, then I the 20,cool.

give and bequeath unto every such after born son 20001. to be an interest vested in and to be paid to him on his attaining the age of 21 years, and the sum of 40001. to be an interest in and to be paid him upon his attaining the age of 24 years; and my will is, that every such after-born son, and his child and children (if any) shall have and be entitled to a share of the stocks, funds, and securities, to be purchased with the said sum of 20,0001. hereinbefore directed to be invested as aforesaid, equally with my said sons W. F. T. and G. and their children, the same to be payable and paid at such time and times, and with, under, and subject to such and the same powers, provisos, and limitations, and to be attended with the same right of survivorship, and in such and the same manner in all respects as the shares to or in trust for my said sons, W. F. T. and G., and their widows and children, of and in the same stocks, funds, and securities, are hereinbefore directed, limited, given, and bequeathed.

Provided also, and my will is, and I do, hereby Upon the death direct, that in case any of my said sons shall depart of any son in

bee this life, whilst in the said business, before he shall fore 28, leaving attain the age of 28 years, leaving either a widow a widow or chiland one or more child or children him surviving, in the 20,000h then and in such case, as often as the same shall

immediately to happen, I do hereby direct that such account and invested and not valuation as aforesaid shall be made, taken, and other son or settled, and that the part or share of such of my said sons shall attain

be raised and

28 years. song so dying, of and in the said sum of 20,0001. shall forth with be raised and laid out and invested in the purchase of a competent share or competent shares of the parliamentary stocks or public funds of Great Britain, in the names or name of my said trustees or trustee for the time being, upon such and the same trusts, for the benefit of his widow and child and children, and subject to the same powers, provisos, and limitations over as are hereinbefore directed, and shall not wait till all my sons shall attain the said age of 28 years, any thing herein

before contained to the contrary thereof in any wise

notwithstanding In case all the sons shall decline And my will is, and I do hereby direct, that in case the business, all my sons shall refuse or decline to carry on the said then all the property and trade or business, then and in such case, I do hereby effects of the trade to be sold,

direct that when all my said sons W., F., T. and G., and the 20,0col. who shall live to attain the age of 28 years, shall have inu betraised and attained that age, and there shall be no after-born purposes afore. son or sons, or in case there shall be any after-born said, and the residue of the son or sons, when all my after-born sons who shall money to be live to attain the age of 22 years shall have attained applied as the residue of the

that age, the said trade, stock, and effects, employed capital, stock, therein, shall be sold to the best advantage, and the directed to be debts due and owing to the said trade shall be colapplied.

lected by my said executors, or the survivors or survivor of them, or the executors or administrators of such survivor. And from and immediately after such sale as last aforesaid, they my said (trustees), and the survivors and survivor of them, and the executors or administrators of such survivor, do and shall by and out of the money which shall arise by such sale, and which shall be collected as aforesaid, lay out and invest the said sum of 20,000 1. in the purchase of a competent share or competent shares of the parliamentary funds of Great Britain, in their own names, or in the names or name of the survivors or survivor of them, or of the executors or administrators of such survivor, upon the trusts, and to and for the intents and purposes hereinbefore mentioned, expressed, and declared of and concerning the same, and shall and do devise and apply the residue of the money which shall arise by such sale or sales, in such and the same manner as the residue of the capital,

stock, debts, and effects, are hereinbefore directed And in case all and applied. And in case all my sons, as well those the sons shall already born, as those hereafter to be born, shall dethe business to part this life under the age of 21 years, then my will be sold, and the is, and I do hereby direct, that the said capital, stock, for testator's goods, debts, and effects, shall be forthwith sold and

disposed of, or collected in such manner as is herein wife and before directed in case all

daughters, and said sons should refuse their children,

my or decline to carry on the said trade or business, and and his nephews that the whole produce thereof shall be forthwith before directed placed out, and invested in the purchase of a com- with respect to

. petent share or competent shares of the parliamentary funds of Great Britain, in the names or name of

my said trustees, or the survivors or survivor of them, or the executors, or administrators of such survivor, upon such and the same trusts, for the benefit of my said wife and daughter, and their children, and my nephews and nieces as are hereinbefore mentioned, expressed, and declared of and concerning the stocks, funds, or securities, to be purchased with the said sum of 20,000 1. in the event of all my sons dying without leaving a widow, him or them surviving, or any child or children who shall live to attain the age of 21 years.

Testator then gives several pecuniary legacies and small sums, for charitable purposes.

And as to, for and concerning all the rest, residue, All the residue and remainder of my estate and effects whatsoever of the testator's and wheresoever, and of what nature, kind or quality and personal, to soever the same may be, both real and personal, which money applied in I shall be seised or possessed of, interested in, or in the same manner any manner entitled unto, in possession, reversion, the capital,stock, remainder, or expectancy, at the time of my decease, I and effects, are give, devise, and bequeath the same unto my said trus- to be applied tees, their heirs, executors, administrators, and assigns, according to the nature and quality thereof, upon trust, to sell and dispose thereof, either by public sale or private contract, and convert the same into money as soon as conveniently may be after my interment, and add the same to the capital of my said trade or business, and employ the same therein in such and the same manner, and to stand and be possessed thereof, subject to the legacies hereby given, upon such and the same trusts, and to and for such

and the same intents and purposes as are hereinbefore mentioned, expressed and declared of, and concerning the residue of my said capital, stock, debts, and effects. And for facilitating the sale of my estate and effects in the manner hereinbefore mentioned, I do hereby direct that the receipt and receipts of my said trustees, or of the survivors or survivor of them, or of the heirs, executors, or administrators of such survivor, shall from time to time be a good and sufficient discharge, and .good and sufficient discharges to the purchaser or purchasers of the said premises so to be sold as aforesaid, or any of them, or any part or parts thereof, or to any other person or persons, paying to them any other

sums of money under the trusts of this my will, and to his, her, and their respective heirs, executors, administrators, and assigns, for so much money as shall be therein acknowledged, or expressed to have been received. And that such purchaser or purchasers, or other person or persons, his, her, or their heirs, ese cutors, administrators, or assigns, shall not afterwards be answerable or accountable for any loss, misapplication, or non-application thereof, or any part thereof*. And I do hereby nominate, constitute,

sum

or

• As to the necessity of this provision, see before, in page 520. Where such a clause is omitted; the best way to cure it is for the purchasers to see the whole of their purchase-money invested in the 3 per Cent. Bank Annuities, in the name of the executors or trustees who may thereupon execute deeds, declaring the money so invested to be the same money for which the estates (describing them) were sold, and that the money is so invested on the trusts of the will ; and each purchaser should have one part of such deed declaring the trusts of the purchase-money. The Bank books will always, on inspec. tion, afford evidence of the sum's having been actually invested in such a quantity of Stock, which will correspond with the precise quantity mentioned in the declaration of trust, and together they will be sufficient proof of a proper application according to the will, so as to absolve the purchaser. It was the opinion of the late Mr. Serjeant Hill, that the purchaser would then have a safe title without a decree ; but otherwise he would not be safe, because he has gotice of the crusta

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