DEVISE

AND BE-
QUEST OF

REAL AND
PERSONAL

ESTATE

UPON

WIFE AND

education: AND SHALL from time to time invest the residue of the said annual produce in the names or name of them or him the said trustees or trustee for the time being, in any of the aforesaid stocks, funds or securities, so that the same may accumulate in the nature of compound interest, and shall from time to time alter and vary the stocks, funds and securities in TRUSTS FOR or upon which the said annual produce and accumulations may CHILDREN. for the time being be invested for or into other stocks, funds Accumulaor securities of the same or a like nature, at their or his tion. discretion, with power to resort to the accumulations of any preceding year in any succeeding year or years, and to apply the same, as to them or him shall seem meet, towards the maintenance or education of such child or children, and shall stand possessed of the said accumulations, and the stocks funds and securities in which the same shall be from time to time invested, or so much thereof as shall not be so applied as aforesaid, and the annual produce thereof, upon and for such and the same trusts, intents and purposes as are herein declared and contained concerning the fund or respective funds, from the annual produce of which the same shall have respectively proceeded, or as near thereto as the deaths of parties and other circumstances will permit: AND I EMPOWER the said trustees or trustee for Power of the time being (but nevertheless after the decease only of my ment. said wife, or in her lifetime with her consent in writing), to advance any part not exceeding one equal half part of the. portion or respective portions to which any such child or children may be entitled in expectancy for or towards his, her or their preferment or advancement in the world: AND I HEREBY Power to DECLARE that it shall be lawful for my trustees or trustee to existing allow any part or parts of my residuary personal estate to and suspend remain in their actual state of investment at the time of my decease at their or his discretion: AND I ALSO DECLARE that it shall not be necessary for my trustees or trustee to sell my real estate and leasehold lands or tenements, or any part or parts thereof, until they or he shall in their or his discretion think proper so to do: AND I HEREBY DIRECT that until the said Power to real estate and leasehold lands and tenements shall be respec- estate until tively sold, my trustees or trustee shall apply the rents and profits of such part of my real estate and leasehold lands and tenements as shall remain unsold in the manner in which the

advance

continue

investments

sale.

lease real

sold.

DEVISE

AND BE QUEST OF

PERSONAL

ESTATE
UPON

TRUSTS FOR
WIFE AND

satisfaction

freebench.

Devise of trust and mortgaged

estates.

annual income of the monies to be produced by the sale thereof would be applicable if the same were then sold: AND I ALSO REAL AND DIRECT that until the said real estate and leasehold lands and tenements shall be respectively sold, it shall be lawful for my trustees or trustee to demise or lease the same, or any part or parts thereof, for any term or terms of years, at such rent or rents, CHILDREN. and generally upon such conditions and in such manner as they Provision for or he may think fit: AND I FURTHER DECLARE, that the provision wife to be in hereinbefore made for my said wife shall be in satisfaction and of dower and bar of her dower and freebench, and of every other claim which by the common law, or by custom, or otherwise, she might have or make upon all or any of the real estates of or to which I shall have been seised or entitled since my marriage with her. AND I DEVISE AND BEQUEATH all the estates which at my decease shall be vested in me upon any trusts or by way of mortgage, unto and to the use of the said E. F. and G. H., their heirs, executors, administrators and assigns respectively, subject to the trusts and equities affecting the same respecAppointment tively. AND I APPOINT the said E. F. and G. H. executors of and power to this my will, and I authorize the acting executors or executor pound debts. for the time being of this my will to satisfy any debts claimed to be owing by me or my estate, and any liabilities to which I or my estate may be alleged to be subject, upon any evidence they or he shall think proper, and to accept any compensation or security for any debt owing to me or to my estate, and to allow such time for payment (either with or without taking security) as to the said acting executors or executor shall seem fit, and also to compromise or submit to arbitration, and settle all accounts and matters belonging or relating to my estate, and generally to act in regard thereto as they or he shall deem expedient, without being responsible for any loss thereby occaAppointment sioned. AND I APPOINT my said wife during her life, and after of guardians. her decease the said E. F. and G. H., and the survivor of them, guardian and guardians of the persons and estates of my Receipts of children during their respective minorities. AND I DECLARE

of executors,

them to com

trustees.

that the receipts of my said trustees or trustee for the time being for any money payable to them or him under this my will shall effectually discharge the person or persons to whom the same shall be respectively given from being obliged to see to the application, or from being answerable for the misapplica

DEVISE

AND BE

QUEST OF

PERSONAL

ESTATE

UPON

WIFE AND

CHILDREN.

Power of

trustees.

tion or nonapplication of the money therein respectively mentioned to be received; and that such person or persons shall not be bound to inquire into the necessity or propriety of any REAL AND sale to be made under this my will: AND I HEREBY DECLARE, that as often as any of the trustees hereby appointed, or any trustee to be appointed under this power, shall die, or go to reside TRUSTS FOR beyond the seas, or desire to be discharged from, or refuse or decline, or become incapable or unfit to act in the trusts hereby in them or him respectively reposed, before the same shall be fully changing executed, then and in every such case it shall be lawful for my said wife during life, and after her decease for the then trustees or trustee for the time being, continuing to act in the trusts aforesaid, or if there shall be no continuing trustees or trustee for the trustees or trustee so desiring to be discharged or refusing or declining as aforesaid, or if there shall be no such last-mentioned trustees or trustee, for the executors or administrators of the last surviving trustee, exclusive of a trustee or trustees who may have become incapable or unfit to act in the trusts, by any deed or deeds to be by her, them or him sealed and delivered in the presence of and attested by two witnesses, to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or going to reside beyond the seas, or desiring to be discharged, or refusing, declining or becoming incapable to act as aforesaid: and such appointment may be so made as either to maintain or enlarge, or diminish the original number of trustees; AND UPON THE APPOINTMENT of every such new trustee as aforesaid, all the trust estates, monies and premises the trustee or trustees whereof shall so die, or go to reside beyond the seas, or desire to be discharged, or refuse or decline, or become incapable to act as aforesaid, or such of the said trust estates, monies and premises as shall then be subject to the trusts aforesaid, shall be thereupon with all convenient speed legally and effectually vested by such assurances, or other acts as the circumstances of the case may require, in such new trustee or trustees, either solely or jointly, with the surviving or continuing trustee or trustees as occasion shall require, upon and for the trusts, intents and purposes in this my will declared of and concerning the said trust estates, monies and premises, or such of the said trusts, intents and purposes as shall be then subsisting, unde

DEVISE AND BE

QUEST OF

UPON

WIFE AND CHILDREN.

Provisions for the in

trustees.

termined and capable of taking effect: AND every such new trustee (as well before as after the trust estates, monies and REAL AND premises, or any of them have become vested in him), shall PERSONAL have all the powers and authorities of the trustee in whose ESTATE room he shall be substituted: AND I HEREBY DECLARE that TRUSTS FOR the said several trustees hereby appointed and to be appointed as aforesaid, and each and every of them, and the heirs, executors and administrators of them, and each and every of them shall be chargeable for such monies only as they respectively demnity of shall actually receive by virtue of the trusts hereby in them. reposed, although they or any of them may give or sign, or join in giving or signing any receipt or receipts for the sake of conformity, and any one or more of them shall not be answerable for the other or others of them, or for any money paid over by one to another of them, or for any banker, broker, or other person with whom the trust property or any part thereof, may be deposited or lodged or for involuntary losses; and also that it shall be lawful for them out of the monies which shall come to their respective hands by virtue of the trusts aforesaid, to reimburse themselves respectively, and also to allow to their respective cotrustee or cotrustees, all costs, charges, damages and expenses which they or any of them may pay or sustain in or about the execution of the aforesaid trusts or any of them, or in relation thereto; and also either before or after the appointment of any new trustee or trustees as aforesaid, to settle, adjust and allow the account of any new trustee or trustees who shall die, or go to reside beyond the seas, or desire to be discharged from, or refuse or decline, or become incapable or unfit to act in the said trusts or any of them. WITNESS whereof, I, the said A. B., have hereunder set my hand this day of, 18-.

[Signature of Testator].

Signed and acknowledged by the said A. B.,
the testator, as his will, in the presence of
us, present at the same time, who, at his
request, in his presence, and in the pre-
sence of each other, have hereunto sub-
scribed our names as witnesses.

[Witnesses].

IN

No. CVIII.

BEQUEST OF
SPECIFIC
PROPERTIES

TO TESTA

TOR'S

DEVISE and BEQUEST of REAL and PERSONAL PRO- DEVISE AND
PERTY; DEVISE to ELDEST SON for life, remainder to
HIS FIRST SON attaining twenty-one; In default of any
such son, to ELDEST SON'S DAUGHTERS; If all such
daughters die under twenty-one and without issue, to RELATIONS.
testator's SECOND and OTHER SONS and their CHILDREN
to similar uses; DEVISE of an ESTATE to Testator's
Cousin, subject to a Mortgage Debt; BEQUEST of
£5000 Reduced Annuities to TRUSTEES, to pay Divi-
dends to SON until Bankruptcy, Insolvency or Antici-
pation, and afterwards to his WIFE and CHILDREN,
in discretion of TRUSTEES, during his life, with
remainder to J. K.; LEGACY for the benefit of
INFANT SON, DEVISE and BEQUEST of; RESIDUE
of REAL and PERSONAL ESTATE; APPOINTMENT
of EXECUTORS.

eldest son for

his first son

twenty-one.

I., A. B., of &c., DO HEREBY REVOKE, &c., I GIVE AND DEVISE Devise to all the messuages, farms, lands and hereditaments, situate in the life. parish of —, in the county of to which I shall be entitled at my decease, To the use of my eldest son C. D. and his assigns for his life, without impeachment of waste, wITH REMAIN- Remainder to DER To the use of the first son of my said son C. D., who shall attaining survive me and shall attain the age of twenty-one years in fee simple; BUT IF there shall be no such son, then TO THE USE of all and every the daughters of my said son C. D. in fee simple as tenants in common; BUT IN CASE any of the said daughters shall die under the age of twenty-one years without leaving lawful issue, then as well the original as the accruing share of such daughter or daughters so dying, shall go over to the other or others of the said daughters in fee simple, and if more than one as tenants in

In default of to his daugh

any such son,

ters.