Page images
PDF
EPUB

said son

for or towards his or her maintenance and education, any yearly sum not exceeding the yearly sum of 2001. a piece. And my will is, and I do hereby declare, direct, and appoint, that in case my E, or any such child or children as I may hereafter have by the said -.-, shall die before his or her snare or their respective shares of the said principal money shall become payable, that then the share and shares of him,herorthem, or any of them, so dying, shall go to and be divided between my surviving children, if more than one, in equal shares and proportions, and if only one, then the whole shall go to such one surviving child, and shall be considered as part of the original portion or portions of such child or children.

Clause in a Will, directing a Power of leasing and

of selling and disposing, to be inserted in the Settlement directed to be made of the Teslator's rcal Estates.

AND I do hereby declare my will to be, that in such settlement there shall be contained a power to enable the said E. A. and G. C., and the survivor of them, and the executors and administrators of such survivor, from time to time during the continuance of the said term of 2000 years hereby limited and created, and after the determination thereof, for the person or persons who for the time being shall, by virtue of the limitations in such settlement to be contained, be entitled to the said manors and heren ditaments hereinbefore devised and comprized in the same term, for an estate of freehold, to grant, demise, limit, or appoint the said hereditaments, or any of them, or any part thereof, for any term or number of years not exceeding 21 years, at the most improred rent, without taking any fine, and under the usual restrictions: and also a power to enable the said E. A. and G. C., and the survivor of them, and the executors and administrators of such survivor, from time to time, and at any time or times hereafter, at the request and by the direction of the person or persons who, for the time being, shall be entitled to the hereditaments to be comprized in the settlement hereby directed to be made as aforesaid, for an estate of freehold either in possession or in remainder, immediately expectant on the said term of 2000 years, signified by some writing under the hand and seal cr hands and seals of such person or persons, attested by two or more credible witnesses, to make sale of or to convey in exchange for or in lieu of other hereditaments, all or any of the hereditaments to be comprized in the settlement so to be made as aforesaid, and the fee simple and inheritance thereof, as well as for the said term of 2000 years, due regard being had to the proviso next hereinafter contained or expressed, with the usual clauses, making the receipts of the said E. A. and G. C., or the survivor of them, or the executors or administrators of such survivor, effectual discharges to the purchaser or purchasers of the hereditaments which sħall be so sold, and the usual directions to lay out the money to arise by such sale or sales in the purchase of other freehold lands of inheritance, or of copyhold lands convenient to be held with the lands hereby devised; or any of them, or so to be purchased or taken in exchange in pursuance of this my will, and to settle the lands so to be purchased, or so to be received in exchange as aforesaid, to the uses of the settlement hereinbefore directed to be made as aforesaid, or as near thereto as the nature of the tenure and circum stances will permit

, any thing hereinbefore contained to the contrary thereof in anywise notwithstanding.

Clause in a Will by which the Testator, after limit

ing his real Estates to his Son for Life, Remainder in the strict Forin to the Sons of such Son successively in Tail Male, limits the same to his two Daughters, in Moieties, with Survivorship, for Life, to take exclusively of their Husbands, with the same Remainders in Tail to their respective Children in Succession, with cross ultimate Remainders; the whole being directory of a Settle+ ment to be inade.

AND for default of such issue, to the use of (trustees) and their heirs, during the lives of my said two daughters A. B. and C. D., and the life of the survivor of them, in trust, to pay the rents, issues, and profits thereof to such person or persons respectively, as they my said daughters respectively, and the survivor of them, by any writing or writings under their respective hands, or the hand of such survivor, shall from time to time as the same respectively shall become due or payable, but not by way of anticipation, direct or appoint, so as that my said daughters, during their joint lives, shall not have power of disposing of more than a moiety of each of the said rents, issues, and profits, and for want of such direction and appointment, into the proper hands of them respectively, in moieties, whilst both of them shall be living, and of the survivor of them, for their and her sole and separate use, exclusively and inde pendently of any husband with whom they respectively may happen to intermarry, and not to be in anywise subject to the controul, debts, or engagements of their respective husbands: and my will is, that their respective receipts in writing, and the receipt of the survivor, or the receipt or receipts of the person or persons to whom they respectively, or the survivor of them, shall direct the said rents, issues, and profits to be paid as aforesaid, shall be good and effectual releases and discharges for the rents, issues, and profits therein mentioned to be received: and upon further trust, during the lives of my said daughters and the life of the survivor of thern, to preserve the contingent uses and estates to be limited as hereinafter mentioned, and from and after the decease of the survivor of them my said daughters, as to one undivided moiety or equal half part or share of the same hereditaments, to the use of the first and other sons of my said daughter A. B. successively, according to their respective seniorities, in tail male, and for default of such issue to the use of the first and other sons of my said daughter C. D. successively, according to their respective seniorities in tail male; and as to the other undivided moiety or equal half part or share of the same hereditaments, to the use of the first and other sons of my said daughter C. D. successively, according to their respective seniorities, in tail male, and for default of such issue to the use of the first and other sons of my said daughter A. B. successively, according to their respective seniorities, in tail male; and from and after the decease of both my said daughters, and failure of issue male of both their bodies as aforesaid, then, as to the entirety of the same hereditaments, to the use of

his heirs and assigns.

Devise of a Sum to be applied in releasing poor

Prisoners.

I WILL and direct that my executors shall, within

months after my decease, lay out and expend the sum of 1000 1. in releasing and discharging such poor prisoners who shall be imprisoned at my decease in prisons, or one of them, for debt, as my executors shall think fit, having regard in the application of the said sum hereinbefore for this purpose given, to such poor prisoners as shall be then in prison, whose conduct has been virtuous and industrious, whose families are in want, and whose confinement has been owing to losses and misfortunes, and not to idleness, drunkenness or debauchery *

A Preamble to a Will, the Testator being about to

go to Sea.

IN the name of God, amen. I, C. D., of mariner, being in good health and of sound mind, and being forthwith to depart this kingdom on a voyage to

in the kingdom of - and well knowing the danger of the seas and the uncer

[ocr errors]

* If the testator is desirous of making this legacy cease in case of his giving the said sum, or to cease as to a proportionate part in case of his giving any less sum, in his life-time, it will be better for him to reserve this to be directed by a codicil, which may determine the quantum, and ascertain the fact, by a statement upon the face of it, and thus the executors will be relieved from a troublesome enquiry, during which it might be necessary to suspend the execution of the testator's bounty,

« ՆախորդըՇարունակել »