No. 3. or to and amongst such two or more of the children of my said son, (other than and except an eldest, or an only son, for among his the time being,) at such age or time, and if more than one, younger childrer. at such ages or times, in such shares and proportions, and in 267 No. 4. A Will, comprising various dispositions of real and personal Estate, partly of testator's own estate, and partly in performance of various trusts and obligations imposed on him by antecedent settlements. and person under set wills. THIS is the last will and testament of me J. N., of Recital of provisions Whereas, under, and by virtue of the settle- and limitament, made previous to my marriage with Mary, my wife, tions of real (then Mary S.) certain hereditaments at W- (whereof al property, she was seised in fee simple,) stand limited to the use of me tlement by for life, with remainder to the use of the trustees therein deeds and named, and their heirs, during my life, in trust to preserve the contingent remainders; remainder to the use of my said wife for life; remainder to the use of all and every the child and children of our marriage, in tail, with cross remainders; remainder to such uses as my said wife shall, by such deed or will, as is therein mentioned, appoint, and in default of such appointment, to the use of her right heirs ; and by the same settlement, her portion, consisting of the sum of 1500., was agreed to be vested in the trustees therein named, upon trust, after the solemnization of the said marriage, to pay the interest thereof to me during my life, and after my decease, to my said wife, for her life, and after the decease of the survivor of us upon such trusts, as to the principal money, for the benefit of the children of the said marriage, as therein mentioned, and in case there should be no such child or children, or being such, all of them should die before such ages or times as are therein mentioned, upon trust, to apply the said sum of 15007. as my said wife should, by such deed or will, as is therein mentioned, appoint, and in default of such appointment, to her executors, administrators, or assigns; and my father, Richard N., thereby covenanted, that in case the then intended marriage should take effect, and the said Mary should survive me, he, his heirs, executors, or administrators, would yearly pay unto her, during her life, such sum of money, as, with the clear yearly Limita tions by way of strict set tlement re cited. No. 4. produce of her said real and personal estate, thereby settled, or agreed to be settled, would make up the clear yearly sum of 2001., and my said father thereby covenanted to pay the sum of 2000l. to the said trustees therein named, upon such trusts, for the benefit of the children of the said marriage, as are therein mentioned: and whereas the said portion, or sum of 1500l. was received by me, and yet continues in my hands, and there hath not, as yet, been any issue of the said marriage; and whereas my said late father, Richard N., by his last will and testament, in writing, bearing date the day of ——, 17—, after confirming the said settlement, and ordering his debts to be paid out of his personal estate, devised his freehold messuages, lands, and tenements at Bin the county of to the use of a trustee therein named, for the term of 500 years, upon the trusts thereinafter declared, and hereinafter in part mentioned; remainder to the use of me for life, without impeachment of waste; remainder to the use of trustees, and their heirs, during my life, in trust, to preserve the contingent remainders; remainder to the use of my first, and every other son successively, in tail male; remainder to the use of my daughters, as tenants in common, in tail, with cross remainders; remainder to his nephew, William N., for his life; remainder to the use of trustees, and their heirs, during the life of the said William N. in trust, to preserve the contingent remainders; remainder to the use of James N., son of the said William, for his life; remainder to the use of trustees and their heirs, during his life, in trust, to preserve the contingent remainders; remainder to the use of the first, and every other son of the said James N. successively, in tail male; remainder to the use of the male heir, who should be lawfully entitled, for the time being, to the ancient estate, at G. belonging to the N's, for the life of such male heir; remainder to the use of trustees, and their heirs, during the life of the said male heir, to preserve the contingent remainders; remainder to the use of the first, and every other son of the said male heir successively, in tail male, reversion to the use of his (my said father's,) right heirs; and he gave to his wife Jane, an annuity of 1007. for her life, to be paid out of his real estate, and declared that the said term of No. 4. tions of personalty ther's will 500 years, was so limited to the use of the trustees thereof, as aforesaid, for securing the payment of the said annuity, and for raising all such sum or sums of money as he should have to pay, in consequence of his covenant in my said marriage, and he gave his leasehold estate to trustees, upon trust, to permit the person, who for the time being, should be in possession of his freehold estates, by virtue of his will, to receive the rents and profits thereof, subject to the payment of the said 100%. annuity, and the sum he had engaged to pay, Disposiunder my said settlement; and he gave all his monies at interest, and securities for the same, and the interest thereof, by his fa and 500/. stock in the canal, (2007. whereof then recited. stood, and is yet standing in my name,) and all profits and dividends belonging to the same, and also all his silver plate, household furniture, beds, bedding, pictures, prints, watches, books, live cattle, husbandry gears, to trustees, upon trust, to pay out of his said monies, his debts, funeral expences, the probate of his will, and in the next place, to pay to me the sum of 500%. upon my succeeding to the rectory of G. by three equal payments, in each year, next after my institution, for the purpose of being laid out at my discretion, in the improvement of the glebe lands, and buildings; and as to the remainder of the money, to lay out the same, with the approbation of the person, who, for the time being, should, by virtue of his will, be in the possession of his real estate, in the purchasing of freehold premises, in the county of to be conveyed to the trustees, upon the same trusts as the other real estates, by virtue of his will, were limited to, or such of them as should be capable of taking effect as to husbandry gear, and quick goods, they were to be sold, and the money arising therefrom to be invested in the purchase of freehold lands, within the county of for the uses limited of his other estates, by his said will; and as to household furniture, beds, bedding, rings, watches, plate, pictures, &c. he gave to his said wife such parts thereof, as he should particularise in a schedule, for her life; and as to such parts thereof as should not be so directed, and those so directed after her death, the trustees were to permit the person for the time being, entitled to his real estate, to have No. 4. the use thereof; and, until such purchases as aforesaid shall be made, the trustees were to continue the monies at interest, or to call in and replace the same, either on mortgages, or invest the same in the public funds, and pay or permit the person lawfully in possession, for the time being, of his real estates, to receive the interest and dividends of the same; and as to the said 5007. canal stock, the trustees were to permit the person or persons, who, for the time being, would be entitled to the premises, to be purchased as aforesaid, or until purchased, the interest of the money intended to purchase the same, to receive the dividends thereof, and afterwards to transfer the principal to such person and persons, his, her, and their executors, administrators, and assigns, in whom the premises so to be purchased, (when purchased), his or their heirs, or assigns, should become absolute at law, by virtue of his will. And he made me (subject, and without prejudice to any of the trusts therein contained,) executor of his said will. And whereas my said father departed this life in the year without revoking or altering his said will, leaving me, his only child, and heir at law; and shortly after his decease, I proved the same will, in the prerogative court of Canterbury. And whereas, exclusively of the specific estates, to the enjoyment whereof I am entitled for my life, under my said father's will, I remain possessed of the said sum of 500l. canal stock, and of the sum of 70. like his father's stock, which my said father purchased after the making of his said will, and the residue of my said late father's perthe residue sonal estate has been permitted to remain in my hands; and it will appear by my accounts, as executor of my said father's will, that such residue amounts to the sum of -1. And whereas, the said Jane, my late mother, departed this life in the year, having first duly made her last will and testament, whereby she gave to me all arrears which should be due, in respect of her said annuity of 100%. at the time of her death, upon my paying to her relation, Mary R- -, an annuity of 101. during her life; and gave the use of her watch to me for life, and at my decease, the same, and the rings, pictures, and trinkets, whereof she was possessed, she directed to go to the uses thereof directed by her Debits himself as executor on account of of his personal es tate. |