any poor family or families of the aforesaid parishes

and

of which shall seem to her to be most deserving of such reward or assistance: and the rest, residue, and remainder of my personal estate not hereinbefore specifically bequeathed, after payment of my debts, legacies, funeral, and testamentary charges, I give and bequeath to the said G. H. and C. B. their executors, administrators, and assigns, upon and for such and the like trusts, intents, and purposes as are hereinafter mentioned and declared respecting the rents, issues, and profits of the hereditaments hereinafter given and devised to them for the term of 500 years, during the continuance thereof. I nominate and appoint my said wife M. K. sole executrix of this my last will and testament, thinking it may be more readily executed by one person than by two, yet I earnestly request and hope that my said son will to the utmost of his power aid and assist his mother in the due execution thereof. And as to, for, and concerning my messuages, farms, lands, tenements, and hereditaments next hereinafter mentioned, (that is to say) I give, devise,

and confirm the same, with their respective appurtenances, unto and to the use of my said wife for and during the term of her natural life; and from and after her decease unto and to the use of my said son S. K. his heirs and assigns, for ever: And as to, for, and concerning my messuage or tenement, farm, lands, and hereditaments in C aforesaid, now in the occupation of I give and devise the same, with their respective appurtenances, unto and to the use of my said wife for and during the term of her natural life; and immediately from and after her decease then as to, for, and concerning the same premises, and from and immediately after my own decease as to, for, and concerning the following estates, (that is to say) my freehold messuages, &c. [various parcels and descriptions of freehold property] I give and devise the same, with

years created.

their respective appurtenances, unto and to the use of them the said G. N. and C. B. their executors, A term of 500 administrators, and assigns, for and during the term of 500 years, to be computed from the day of my decease, and from thence next ensuing, and fully to be complete and ended without impeachment of waste; but nevertheless upon and for the trusts, intents, and purposes hereinafter expressed and declared concerning the same term, and (subject as aforesaid) from and immediately after the determination of the said term of 500 years, and in the mean time subject thereunto and to the trusts thereof, unto and to the use of the said S. K. and his assigns, for and during the term of his natural life without impeachment of waste, and from and after his decease [to the children of the said S K. the son in strict settlement, remainder to the testator's right heirs]. And as to, for, and concerning the said term of 500 years hereinbefore limited to the said G. N. and C. B. their executors, administrators, and assigns as aforesaid, I will and declare that the said G. N. and C. B. their executors, administrators, and assigns, do and shall stand and be possessed of the messuages, lands, and hereditaments comprized therein, upon the trusts following, (that is to say) upon trust that they the said trustees, or trustee for the time being, do and shall with and out of the respective rents, issues, and profits of the said hereditaments and premises therein comprized, or by mortgage or sale of a competent part of the same premises for all or any part of the said term, or by both of those means (2), raise and levy such sum and sums of money as shall be necessary for paying so much of my debts, lega

Trusts of the term declared.

(2) These last words seem to be proper, since without such words, or the addition of the plural words "sales and mortgages," it might be doubted whether the trustees having raised the money by mortgage could afterwards sell to pay off that mortgage, however beneficial such an arrangement might be; see 12 Vez. jun. 48.

ral and testa

mentary charges, and debts and

legacies.

thereto to pay

to be encreased

of the testator's

cies, funeral, and testamentary charges as my personal To make up the estate, not specifically bequeathed, may happen to fall deficiency of the personal estate short in payment of, and do and shall apply such in paying funemoney so to be raised in discharge thereof accordingly, and subject thereto, upon trust that they the said trustees, or trustee for the time being, do and shall by both or either of the aforesaid means raise, levy, and pay the following clear annual sum of And subject money during the life of my said daughter S. D. an annual sum (that is to say) the annual sum ofl. (if my wife to his daughter, shall survive me) as long as my said daughter and after the death my said wife shall both be living, and in case my widow, and to said daughter shall survive my said wife, then the be paid to her annual sum ofl. during the residue of the life separate use. of my said daughter, but if my said wife shall die in my life-time, then the said annual sum of 1. to commence from the time of my death; the said annual sum ofl. or. as the case shall happen as aforesaid, to be paid by equal half-yearly payments, on the 24th day of June and 26th day of December in every year, clear of taxes and without deduction, the first payment of the said annual sum of - -. to be made on such of the said days as shall first happen next after my decease, in case my said wife shall be living at such day of payment, and the first payment of the said annual sum of ——1. to be made on such of the said days as shall first happen next after the decease of the survivor of me and my said wife; and upon trust that they the said trustees, or trustee for the time being, do and shall pay such of the said annual sums ofl. and1. as shall be subsisting or ought to be raised as aforesaid, unto such person or persons only, and for such intents and purposes only as my said daughter, by any writing or writings under her hand, shall direct or appoint, notwithstanding her present or any future coverture, and for want of such direction or appointment then do and shall, [for the separate use of the daughter, vide ante page 535,]

NN

And after the death of the

children, to vary with the

number and to

as they attain

their ages.

and in case my said daughter shall have one or more child or children then upon trust that they the said G. N. and C. B. their executors, administrators, and assigns, do and shall, after the decease of my said daughter to raise daughter, but not before, and when and as any such portions for her child or children shall attain their respective age and ages of 21 years, (if my said daughter shall then be become vested dead,) by both or either of the aforesaid means (but subject and without prejudice to the trusts hereinbefore declared concerning the same term) raise and levy such sum or sums of money, for the portion or portions of such child or children, as is or are hereinafter mentioned, (that is to say) if there shall be only one child of my said daughter, who shall attain the said age of 21 years, then the sum of. for the portion of such one child: If there shall be two such children, and no more, who shall live to attain that age, then the sum of—1. for the portions of such two children, the sum to be equally divided among them; and if there shall be three or more such children, who shall live to attain that age, then the sum ofl. for the portions of such three or more of them, the same to be equally divided between or among them; such portion or portions as is or are hereby provided for such child or children, to become a vested interest, or vested interests, in him, her, or them respectively, as and when he, she, or they respectively shall attain the age of twenty-one years, after the decease of my said daughter, to be paid at the end of six calendar months next after their attaining such age and ages, with interest for such six months, at the rate of 1. per cent. per annum. But as to such of them as shall attain that age in the life-time of my said daughter, the payment of their portions shall be postponed until the end of six calendar months, next after her decease, and to be paid with like interest for such six last-mentioned months and upon this further

And in the mean

way of mainten

portions.

to take such

to be disposed of

ing to the

trust, that the said G. N., and C. B., their executors, administrators, or assigns, do and shall, by both or time, to raise by either of the aforesaid means, raise, levy, and pay, ance for each, an annual sum such annual sum or sums of money, for or towards equivalent to the the maintenance and education of such child or interest of their children of my said daughter, as shall be under the respective age of twenty-one years at her decease, as shall be equal to the interest of his, her, or their expectant portion, or respective portions, at the rate of per cent. per annum, until the same shall respectively become vested as aforesaid. And upon this further trust, that if my said daughter shall not have a child, And if no child or having any such child or children, they shall all benefit, then to die under the age of twenty-one years, so as not to raise a gross sum become entitled to receive the portion and portions among specified herein before provided for them as aforesaid, then persons, accordupon trust, that the said trustees or trustee, for the daughter's time being, do and shall, by both or either of the appointment. aforesaid means, (but subject and without prejudice as aforesaid) raise and levy such sum or sums of money, not exceeding in the whole, the sum of 1. of lawful money of Great Britain, as my said daughter by any deed or deeds, writing or writings, with or without power of revocation, under her hand and seal, attested by two or more credible witnesses, or by her last will and testament, or by any writing in the nature of her last will and testament, to be signed and published in the presence of, and attested by three or more such witnesses, shall notwithstanding her present or any future coverture, think fit to direct and appoint, and do and shall pay such sum or sums, if any, as shall be so directed to be raised, not exceeding the said sum ofl. as aforesaid, unto or amongst such one or more of the present or any other son or sons, daughter or daughters, of my said son S. K., at such time or times, and in such share and shares, manner and form, as my said daughter shall by the same or any other deed, writing or writings, under her hand and seal,