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Devise of the Residue of Teslator's personal Estate,
in Trust, to sell, call in, dispose of, and convert into Money, such Part as shall not consist of Stock or real Securities, and invest it in Securities, and thereout make Provision for a collateral Relation.
AND as to all the rest, residue, and remainder of my personal estate, money in the public funds, and money out at interest, and securities for money, arrears of rent, goods, chattels, and effects, of what nature or kind soever, not herein specifically bequeathed, I hereby give and bequeath the same, and every part thereof, unto the said ana
their executors, administrators, and assigns, upon trust, that they the said and
and the survivor of them, and the executors or administrators of such survivor, shall and do, as soon as conveniently may be after my decease, receive, collect, call in, dispose of, and absolutely convert into ready money, so much and such part of the said residue of my personal estate to them bequeathed as shall not, at the time of my decease, consist of stock in the public funds, or of government or real securities; and shall and do lay out and invest all such sum and sums of money, as shall arise by converting into ready money all such part of the said residue of my personal estate as aforesaid, either in the public funds or on real or government securities, at interest, and shall and do stand and be possessed thereof, and also of all such part of the residue of my personal estate as shall not, at the time of my decease, consist of stock in the public funds, or of government or real securites respectively, and of the interest, dividends, and annual produce thereof, upon the trusts, and sub
ject to the directions and declarations hereinafter contained, (that is to say) upon trust, that my said trustees, or the survivor of them, and the executors, administrators, or assigns of such survivor, shall and do, by and out of the same residue, raise l of lawful money of Great Britain, and pay the same to the said -, or to such person or persons as she shall by any deed or writing, executed by her in the presence of two or more credible witnesses, direct or appoint, immediately upon or in certain prospect of her marriage, as and for her pecuniary fortune or marriage portion, and for which her receipt alone, notwithstanding her coverture, or that of her legal assignee, shall be an effectual discharge, so as an adequate and proper jointure and provision for her and her issue be settled and secured in consideration thereof. Provided that in case my said niece shall die without having been married, then the said sum ofl. shall not be raised and paid at all, but shall sink into and become a part of the residue of my personal estate, for the benefit of the person or persons who shall become entitled thereto under this
Bequest of Jewels, &c.
I ALSO give to my said wife the use of all my jewels and pearls, usually worn by herself, during her widowhood; and upon the marriage or decease of my said wife, which shall first happen, I give the same jewels and pearls to the said E. A. and G. C., their executors, administrators, and assigns, upon trust, that they permit and suffer them to be used and enjoyed by the person or persons who from
time to time shall, by virtue of the limitations to be contained in the settlement so to be made as aforesaid, be for the time being entitled to the immediate freehold of the estates to be therein comprized, but so as that the same shall not vest in any child or children of any person or persons to be therein made a tenant or tenants for life, who, being a son or sons, shall not attain the age of 21 years, or being å daughter or daughters, shall not attain that age, or marry. Provided always, and I do hereby declare my will and mind to be, that it shall and may be lawful to and for my said son W., and after his decease, my son T. and my grandson L., when and as by virtue of any of the limitations to be contained in the settlement or settlements so to be made as aforesaid, they shall respectively be entitled to the immediate freehold of the hereditaments in such settlement or settlements to be comprized, by any deed or deeds, instrument or instruments, to be by them respectively sealed and deliyered, in the presence of, and attested by, two or more credible witnesses, or by their respective last wills and testaments, or any codicil or codicils thereto, to be by them respectively signed and published in the presence of, and attested by, the like number of witnesses, to direct or appoint, that any woman or women, whom they may respectively marry, shall have the use of all or any part of the said jewels or pearls, during her or their widowhood or respective widowhoods, and my said trustees shall permit and suffer the same to be used or enjoyed by her or them accordingly. Provided always, and I do hereby direct the said E. A. and G. Č., and the survivor of them, and the executors, administrators, and assigns of such survivor, at the request of the person or persons who for the time being shall be entitled to the use of the aforesaid jewels and pearls, by virtue of this my will, to have them or any of them reset, so that their value shall not thereby be
lessened, the expence of such resetting to be paid out of the fund hereinbefore directed to be established, or to exchange the same or any of them for others of equal or greater value (except with respect to my family pearl necklace, the ruby ring set with diamonds, the emerald ring set with diamonds, and the saphire ring with the figure of — engraved upon it, which I desire may be preserved in their present state). Provided, and I do hereby declare my will to be, that it shall and may be lawful to and for the said L. C. H. to have the use of my pearl bracelets with diamond clasps,(1) during her life, unless she shall marry again; but that immediately upon her decease or second marriage, which shall first bappen, the same shall vest in the said E. A. and G. C., or the survivor of them, his executors or administrators, upon such trusts as hereinbefore declared or expressed of or concerning the jewels aforesaid.
Appointment under a Power for the Benefit of
Testator's younger Children,
AND whereas my surviving daughters have respectively attained the age of 21 years, but my younger son is still an infant, of the age of 15 years, now I,
(1) If a testator bequeaths a certain thing which he specifies as being his own, the legacy will not have its effect, unless that thing be found extant among the testator's property, as, if he bequeaths it by the words my watch, my diamond ring,' &c.; but if he says, • I bequeath a watch,' or, a diamond ring,' the legacy will have its effect, if the value and species are described so as to render it suf, ficiently certain: and this is the rule of the civil law; Domat. 2 V. 759, s. 21.
the said A. B., by force and virtue and in exercise of the said power and authority, do by this my last will and testament in writing, signed and sealed by me in the presence of, and attested by, the three credible persons whose names are intended to be hereunder written as witnesses to my signing, sealing, and publi-hing this my last will, direct and appoint the sum ofl., residue of the said sum ofl., or such other sum of money as shall be to be raised under the trusts of the said term of 99 years, to be raised immediately after my deccase out of my said family estates, under the trusts of the said term, to be divided amongst my said three children, Mary, Caroline, Elinor, and Edward, and any other child or children whom I may hereafter have by the said
in the shares and manner hereinafter mentioned, (that is to say) to be paid and divided among all my said younget children, in equal shares and proportions; the respective shares of my said daughters and
-, to become vested and payable upon my decease, and to carry interest from that time at the rate of per cent. per annum; and the share of my said son E. to be paid on his attaining the age of 21 years; and the share and shares of such child or such of the children I may hereafter have by the said
as shall be a daughter or daughters, to be paid at her or their age or respective ages of 21 years, or day or respective days of marriage, which shall first happen, and as shall be a son or sons, at the age of 21 years. And I do hereby direct and appoint, that the trustees or trustee for the time being of the said term of years, shall levy and raise, and pay to or for my said son E., and such child or children as I may hereafter have by the said
from the time of my decease till they respectively shall become entitled to receive their shares of the said sum of
l., or such other sum of money as aforesaid,