tion or appointment as aforesaid, the share or shares issue, such issue tive parents, at declared with parents. ter is to have the her children. ceived in lieu and 5000% secured by bond, to be paid to the husdaughter on the band of his marriage. Which said mar riage portion cannot now be paid to the hus band, on account That the daugh- long live) have and be entrusted with the mainte education and nance, education, and conduct of her said children, maintenance of and shall receive from my said trustees or trustee such dividends, interest, and proceeds, for the purpose of enabling her to undertake, carry on, and The said sum of defray the expences of the same. Provided, and my 5000l. to be re- will is, and I do hereby expressly declare, that the satisfaction of said sum of 50001. hereinbefore given and directed the like sum of to be laid out for the benefit of the younger children of my said daughter M. E. L. by the said J. L. C. her present husband, is by me meant and intended, and shall accordingly be considered and be accepted, and taken, as and in lieu and full satisfaction and recompence of the sum of 50001. which by a bond executed by me previous to the marriage of my said daughter with her said husband, I have secured to be paid for the benefit of such younger children, according to his appointment, which appointment, by reason of the mental imbecility of the said J. L. C. cannot now be made in a proper, reasonable, and effectual manner. And therefore my will further is, and I do hereby accordingly direct and declare, that in case any claim or demand shall be made, and any proceedings at law or in equity shall be commenced or instituted, either by the said J. L. C, or by any other pences out of the person or persons, in his name, or on his account residuary estate. or behalf, or claiming by, from, through, or under, or in trust for him, upon or in respect of the said bond, or the said sum of 50007. thereby secured, or any part thereof, or any interest to arise therefrom, my said executors and trustees, or the trustees or trustee for the time being, shall forthwith apply to the High Court of Chancery for redress against such claim and demand, or adopt such proceedings as they shall be advised to pursue by their counsel for resisting the same; the expences of obtaining which opinion of counsel, and of such application to the said court, and of all such other proceedings as shall be advised and adopted as necessary to resist such claim, I do hereby empower and direct my said of his mental imbecility. If any claim for such portion shall be set up and litigated, the trustees are to resist it, and defray the ex executors and trustees, or the trustees or trustee for the time being, to pay and discharge out of my residuary personal estate. And my will further is, and I do hereby expressly order, that in case any person or persons, for whom or for whose benefit a provision is hereby made, or intended to be made, shall make or prosecute any claim or demand for or in respect of the said bond, or the said sum of 50001. or any part thereof, then and from thenceforth such person or persons shall be utterly ex ́cluded and debarred from all benefit or provision under or by virtue of this my will, or of the dispositions therein contained. Provided also, and my will is, and I do hereby further direct, that in case all and every the child and children of my said daughter M. E. L. by the said J. L. C. her present husband, (other than and except an eldest or only son, and an eldest or only daughter, entitled for the time being to the said estate at B. aforesaid) who being sons, shall depart this life under the age of 21 years, without leaving lawful issue of their or any of their bodies, or being daughters, shall depart this life under that age and without having been married, then they my said executors and trustees, or the trustees or trustee for the time being, shall stand possessed of and interested in the said stocks, funds, and securities, or so much thereof as shall remain unappointed or undisposed of as aforesaid, in trust for, &c. And if any body any claim upon the bond, this legacy to be void. shall prosecute stock to his trus eldest son of his And I do hereby also give and bequeath to the Testator devises said A. B., C. D., and E. F., their executors, admi- 8co, capital nistrators, and assigns the capital stock or sum of tees, to pay the 8007. like five per cent. annuities, or so much of dividends to the such other stock standing in my name at the time of daughter, until my decease, as will be sufficient to produce the an- he shall come innual sum of 407.; and in case I shall not at the time the estate settled of my decease have sufficient stock standing in name to produce that sum, then I give and bequeath my to possession of upon him, by in the interim; way of support and when he shall come into' possession of the if he shall die in to sink into the residue. Pro to my said executors and trustees, so much money as will be sufficient to purchase as much stock (acsettled estate, or cording to the then current price thereof) as will the life-time of produce such annual sum, upon trust, that they my his father, then said executors and trustees, or the trustees or trustee the said capital for the time being, do and shall cause the same to be transferred into their or his own name or names, and do and shall, until my grandson J. L. the eldest son of my daughter M. E. L. shall come into possession of the estate at B. aforesaid, (so entailed on the eldest child of the marriage of my said daughter and her present husband, as hereinbefore mentioned) pay the interest or dividends, arising from the said stock, unto my said grandson J. L. and his assigns, and authorize and empower him and them to receive the same to and for his own use and benefit. vided, and my will is, and I hereby direct, that from and after the decease of my son-in-law the aforesaid J. L. C. whereby my said grandson J. L. will come into possession of the said estate at B. aforesaid, or be entitled to the receipt of the rents, issues, and profits thereof, or in case my said grandson shall depart this life in the life-time of his said father, then from and after his decease, whichever shall first happen, the stock hereinbefore by me given, or directed to be purchased, for the benefit of my said grandson, shall sink into and become part of the residue of my personal estate, and shall go and be applied according to the dispositions thereof hereinafter contained. And I do hereby give and bequeath to each of my grand-daughters S. and M. (over and grand-daughters. above their share in the said sùms of 50001 as two of the younger children of my said daughter M. E. L. by the said J. L. C. her present husband, and over and besides such other shares and benefit as they respectively shall have or take under this my will) the sum of 10001. of lawful money of Great Britain, to be an interest vested in them respectively, on their respectively attaining the age of 21 years, or on their respective days of marriage with such consent An additional legacy to two as hereinbefore mentioned, which shall first happen, nevertheless the actual payment thereof shall be postponed until after the decease of my said daughter M. E. L. (who during her life shall have and be entitled to the interest and produce thereof). Provided, and I do hereby declare, that in case either of my said grand-daughters S. and M. shall depart this life before she shall attain her age of 21 years, or be married, then the sum of 10001. hereinbefore given to her, (in the event of her attaining such age or being married) shall go and be paid to the survivor of my said two grand-daughters, to become vested and payable as hereinbefore is mentioned in respect to her original share. the trustees in the funds in their names, who are to apply the dividends in main And in case both my said grand-daughters S. and M. shall depart this life under the age of 21 years, and without having, been married, then the said two several sums of 10001. (hereinbefore given to them in the event of their attaining such age, or being married as aforesaid) shall sink into and become part of my residuary personal estate, and shall go and be applied according to the dispositions thereof contained. And I do hereby give and be- Gives recolto queath to my said executors and trustees the like be laid out by sum of 10001. of like lawful money, upon trust, that they my said executors and trustees, or the trustees or trustee for the time being, do and shall lay out and invest the same in their or his own names or name, or in or upon government or real securities in England, at interest; and do and shall during the minority of my natural son J. S. now aged 13 years or thereabouts, born at -, on the 23d day of October, 1789, now at school at pay, apply, and dispose of the dividends, interest, or proceeds of the said last-mentioned stocks, funds, and securities for and towards his maintenance and education, and in providing clothes and other necessaries for him, in such way as my said trustees or taining the tes tator's natural son. |