VI.

if any, to

be raised

by sale or

mortgage.

farm until

son twenty

five, &c.

funeral, and testamentary expenses; AND I FURTHER DIRECT my trustees, by sale of any part, or mortgage Deficiency, of all or any part of my said real estate, other than my said dwelling-house and garden and the farm yard and farm buildings belonging to the said farm, or both by such sale and such mortgage as aforesaid, to raise and pay such portion of the said debts and expenses as the said personal estate directed to be sold and converted as aforesaid, and my ready money shall be insufficient to meet. AND I DIRECT my Trustees to trustees, until my said son D. B. shall have attained carry on the age of twenty-five years, or in the event of his death under that age, then until my children who for the time being shall be living, shall all have attained the age of twenty-one years, to enter upon and take possession of all my said real estate (but subject, as regards my said dwelling-house, garden, and appurtenances to the use in favour of my said wife hereinbefore declared) and to carry on my farming business at Farm aforesaid: AND I EMPOWER my trustees, for the purpose of carrying on my said farming business, to use and employ my agricultural implements, and live and dead farming stock, and the residue of the said proceeds of sale and conversion and ready money; and any portion of the said proceeds of sale, and conversion, and other money not so applied shall be invested in any of the stocks, funds, or securities in which trustees are allowed by law to invest trust funds: AND in Power to case my trustees shall, in their discretion, consider it additional necessary or desirable to raise any additional capital farming for the purpose of carrying on my said farming business, then I direct them my trustees, by sale of

raise

capital.

VI.

The trustees, out

of income, to pay wife's annuity;

whole or

part of

mainte

nance, &c., of son and daughters.

any part, or mortgage of all or any part, of my said real estate, other than my said dwelling-house and garden, and the farmyard and farm buildings belonging to the said farm, or both by such sale and such mortgage as aforesaid to raise any sum or sums not exceeding in the whole the sum of £ ―, and apply such sum or sums for the purpose last aforesaid. AND I DIRECT my trustees, by and out of the income derived from the carrying on of the said farming business, and other the income of my residuary real and personal estate, firstly to pay the said annuity And apply of £ to my said wife, and subject as aforesaid, to apply the whole, or such part as they my residue for trustees may think fit of the said income, for the maintenance, education, and bringing up of my said son, so long as he shall be under the age of twentyfive years, and of my said daughters, and each of them, whilst under the age of twenty-one years and Trustees to unmarried. AND I FURTHER DIRECT my trustees, when, and as my said daughters shall respectively attain the age of twenty-one years, or marry, to raise by sale of any part, or mortgage of all or any part, of my said real estate, other than my said dwelling-house and garden, and the farmyard and farm buildings belonging to the said farm, or both, by such sale and such mortgage as aforesaid, and pay to each of my said daughters the sum of £ the same to be for the separate use of each such daughter, independent of the debts, control, and engagements of any husband whom she may marry, and her receipt alone shall be a sufficient discharge for the same. AND SO soon as my said son shall have attained the age of twenty-five years, I direct

raise and

pay to each daughter on her attaining twentyone, or

marriage, a certain

sum.

On son attaining twenty

VI.

estate to

for him

absolutely.

But if he

dies under

twenty

son to

AND I Power for for my jointure a age of wife.

that, subject as aforesaid, my trustees shall stand possessed of my said farming stock, implements of five, perhusbandry, household furniture, and effects, and sonal also of all moneys for the time being in their hands, be in trust and all other my personal estate, IN TRUST for my said son absolutely: BUT in case my said son shall die under the said age of twenty-five years, then my trustees shall stand possessed of all my personal five, in estate (but subject as regards my household furni- trust for daughters. ture and effects to the direction concerning the same herein before contained and otherwise subject as aforesaid) IN TRUST for my said daughters absolutely, to be equally divided between them. HEREBY DECLARE that it shall be lawful said son, after he shall have attained the twenty-five years (but subject to the power of appointment hereby vested in my trustees, and the estates limited in exercise of such power) by deed or will, to appoint to any woman whom he may marry or have married, for her life, any yearly rent-charge by way of jointure, and in bar or without being in bar of dower, not exceeding the yearly sum of £- to be charged upon all, or any part of, my said real estate, and to be paid at such times, and in such manner, as he my said son shall direct; AND to appoint to such woman usual powers and remedies for recovering, and enforcing payment of such rent-charge, by distress and entry upon, and perception of the rents and profits of, the premises charged therewith; AND ALSO to appoint the premises so charged to any person or persons, for any term of years, with or without impeachment of waste, to commence from the decease of my said

VI.

Trustees may mortgage, and

son, upon such usual trusts for better securing the payment of the same rent-charge as my said son shall think fit. AND I DECLARE that the said power of jointuring may be exercised as often as my said son shall marry. I DECLARE that the directions hereinbefore contained to raise money by sale or mortgage, afterwards or by sale and mortgage, for the several purposes herein before mentioned, shall be deemed to authorize the mortgage and subsequent sale of the same part or parts of my said real estate for all or any one or more of such purposes as aforesaid, if my trustees shall think fit. I DECLARE THAT [any sale be together of any part of my said real estate may be effected by parcels, &c. my trustees either together or in parcels, and either

sell.

Sale may

or in

by public auction or private contract, and with power to them my trustees to buy in the premises at any sale by auction, or to rescind any contract, either on terms or gratuitously, and afterwards to resell or mortgage the premises, without being answerable for any consequent loss; and to execute all deeds and assurances necessary or expedient for effectuating any such sale or mortgage; and in particular that] every such mortgage as aforesaid may contain such power of sale, and other powers and clauses, as my trustees may consider reasonable. Purchasers' AND I DECLARE that on any sale or mortgage being gagees' made by my trustees in exercise of the power of indemnity appointment hereby vested in them, the purchaser

A mort

gage may contain a power of sale.

and mort

clause.

or mortgagee shall not be obliged or concerned to ascertain the occurrence or existence of any event or purpose, in or for which a sale or mortgage is hereby directed to be made, or otherwise to inquire into the necessity or propriety of such sale or mort

VI.

a sale, &c., wife's

annuity to be charged on the re

gage. AND I DECLARE that in case any part of the real estate hereinbefore charged with an annuity of In case of £ in favour of my said wife shall be sold by my trustees pursuant to the power and directions herein contained, or in case any part of such real estate, having been mortgaged by my trustees pursuant to maining the same power and directions, shall be afterwards portion. sold, or the mortgage thereof foreclosed, or possession thereof taken by the mortgagee or mortgagees thereof, then and thenceforth the said annuity of £- shall be charged upon the other and remaining part of the said real estate hereinbefore charged therewith, to the exclusion of the part thereof which shall have been sold as aforesaid, or whereof such mortgage as aforesaid shall have been foreclosed, or whereof possession shall have been taken as aforesaid, and with the like power. of distress as is hereinbefore given with reference to the whole of the real estate herein before charged with the said annuity. I EMPOWER my trustees, so long as my said son shall be under the age of twenty-five years, or in the event of his death under that age, then so long as any of my said daughters shall be under the age of twenty-one years, generally to manage my said real estate, to engage bailiffs, servants, and labourers on my said farm, to cut timber for repairs or sale, to insure, and to pay all other charges and outgoings, and also (but without prejudice to the right of my said wife to occupy the said dwelling-house and premises as herein before specified) to let any portion of my real estate, which they my trustees shall not think fit to occupy as part of the said farm, either from year to year, or for any term

Powers of

ment of

manage

real estate.