No. 4. respectively become payable or transferable as aforesaid; ther of the three should live be trans his own messuages and farins not under point the said and in case any other of them shall die without having attained the said age, then all and every the accruing share or shares shall be subject and liable to the like contingency of accruer or survivorship as is hereinbefore declared, touching his, her, or their respective original share or shares; And if nei- and in case all of them the said George N. Peter N. and Maria N. shall die without any of them having attained the to become age of 21 years, then my will is that the whole of such entitied, to stocks, funds or securities shall be transferred, but subject ferred to and without prejudice as aforesaid, to: And I apexecutors of this my last will and tesDevise of tament. And as to my messuage, farm, and lands, situate at or near W. aforesaid, I give the same unto S. P. and R. S. their heirs and assigns for ever; and as to my messettlement. suages, farm and lands, situate in or near to the said settled estate of my family at G. aforesaid, which I purchased of William S. for the sum of 19001. my messuage, farm and lands situate at or near to the said estate at B. aforesaid, which I purchased of James P., my lands in contiguous to the said estate at B., and intermixed therewith, which I purchased of John G., my lands in lying also contiguous to the said estate at B., which I purchased of Hugh H., which several premises so purchased by me are partly freehold, and partly leasehold, and also as to, for, and concerning my messuage, farm and lands, situate at B. in the said county, and all the rest of my freehold and leasehold estates whereof I have power to dispose in possession, reversion, remainder, or expectancy, and not hereinbefore disposed of, (4) I give the same unto and to the use of the said their heirs, executors, administrators and assigns, upon the trusts hereinafter To trus tecs: and (4) If a testator, in terms, excepts out of his residuary devise what he has before disposed of, such exception takes out of the residuary devise only the interest before given, not the things themselves; therefore if a life-estate only in any subject has before been given, the residuary devise comprehends and carries the remaining interest; see 3 Atk. 286. Upon trust thereof. cripts to be discharged expressed and declared of and concerning the same, that is No. 4. to say, upon trust, that they and the survivor of them, and the heirs, executors, administrators and assigns of such sur- to sell or vivor, do and shall, as soon after my decease as they or he dispose shall think fit, make sale and dispose of all and every my said freehold and leasehold estates, so devised to them as aforesaid, either together or in parcels, by public auction or private contract, as to them or him shall seem meet, for the most money that can be reasonably had or gotten for the same; and I do hereby declare that the receipt and receipts Their re of the said, &c. and the survivor of them, the heirs, executors, administrators or assigns of such survivor, under their or his hands or hand respectively, shall from time to time be a good and effectual discharge, or good and effectual discharges, to the purchaser or purchasers of the same freehold and leasehold estate, or any part thereof, and his, her, or their heirs, executors, administrators and assigns, for his, her, or their purchase-money, or so much thereof as in such receipt or receipts shall be expressed to be received, and that such purchaser or purchasers, his, her, or their executors, administrators or assigns, shall not be answerable or accountable for any loss, misapplication or non-application of such purchase-money, so expressed to be received; and as to the money arising from such sale or sales as afore- And as to said, (as to which I direct a separate account to be kept,) produced my will is, that the same shall be in the first place applied by the in making good the deficiency, if any shall then be, of my in the first personal estate, not specifically bequeathed, in paying my debts, funeral, and testamentary charges and legacies, (save those for charitable purposes) and that the residue of such monies, or the whole thereof, if there shall be no such de the money sales; in place to be cies: and subject to such applica tion in the ficiency, shall be paid to such person or persons, and be applied for such intents and purposes, as the residue of my personal estate is hereinbefore directed to be paid and applied; and as to the rents, issues and profits of the said estates, until sale thereof, I will that the same shall be paid first and applied in such manner as the interest of the money dered as arising by sale thereof would be payable or applicable to un- personai, der this my will, in case such sale had taken place. Provided always, and it is my will, that in case the trustees or trustee to be consi and to go according to the disposition of the residue sonal es tate. Proviso, that if his late father's trus to accept a convey ance of his estate at the sum at which the same was purchased by testator, it lawful for testator's trustees to conveyance, tak No. 4. for the time being of the residue of my said father's personal estate, shall be willing to accept a conveyance and assign, of his per- ment of my freehold and leasehold estates, in B, aforesaid, or any of them, or any part thereof at the above-mentioned sum or sums of money, for which I purchased the same, then and in such case it shall be lawful for the trustees should tees or trustee for the time being, under this my will, to be willing make such conveyance and assignment accordingly, on obtaining a sufficient discharge for so much of the said balance on account of the said residuary estate in my hands, as the B-, at consideration money of the estate or estates comprised in such conveyance or assignment shall amount to. Provided always, and my will is, that it shall and may be lawful to and for the said, &c. and the survivor of them, and the heirs, executors, adshould be ministrators, and assigns of such survivor, from time to time, by indenture or indentures under their or his hands and seals, or make such hand and seal, to demise or lease the said freehold and leasehold hereditaments, and premises, so vested in them as aforesaid, or such of them as shall be remaining unsold or undisposed of, during the minority of the said I. P. and R. S., or either of them, unto any person or persons, for any term or number of years not exceeding 21 years, in possession, not in reversion, or by way of future interest, so as upon every such lease there be reserved and made payable, during the continuance thereof respectively, the best and most improved yearly rent or rents that can be reasonably had for the same, to be incident to the reversion of the premises so to be demised, without taking any sum or sums of money, or other thing by way of fine or premium for the making of such lease, and so as none of such lessees shall be made dispunishable for waste, and that in every such lease there be contained a clause of re-entry for non-payment of the rent or rents, to be thereby respectively reserved, and that such lessees seal and deliver counterparts of such lease and leases. Provided, and my will further is, [proviso for substituting new trustees with safety, and indemnity clauses.] ing a discharge for so much of the balance of his father's residuary es tate in his hands as the purney for chase mo such estate should amount to. Leasing power to trustees. any No. 5. Part of a Will directing a Settlement, with Limitations in a strict Form for preserving the Estate in the Family of the Testator. devises his of two sets of trustees successive ly, for two several terms of 99 years. I GIVE and devise all and singular my freehold manors, Testator messuages, lands, tenements, and hereditaments, wheresoever real estates and whatsoever, not hereinbefore devised, unto the said to the use J. W. and Sir R. J. B., their heirs and assigns, to hold the same to the uses following, that is to say, as to, for and concerning all such of the same hereditaments and premises, as are situate in the parish, township, or precinct of N—, in and 200 the county of N- with their appurtenances, to the use of the said Sir G. C., R. M., and J. D., their executors, and administrators, for, and during, and unto the full end and term of 99 years, to commence and be computed from the time of my decease, without impeachment of waste, upon the trusts, and to and for the intents and purposes, and with, under, and subject to the powers, provisos and declarations hereinafter declared or expressed with respect thereto and as to, for, and concerning all such of the same hereditaments and premises as are situate in the parishes, townships, or precincts of F. H. and S. and the parishes or townships contiguous and next adjoining thereto, with the appurtenances, except the manor or lordship of F, and the advowson of the rectory of F, to the use of the said Sir G. C., R. M., and J. D., J. C. J., and J. F., their ex cutors, and administrators, for and during and unto the full end and term of 200 years, to commence and be computed from the time of my decease, without impeachment of waste, upon the several trusts, and to and for the several intents and purposes, and with, under, and subject to the several powers, provisos, restrictions, and declarations hereinafter expressed with respect thereto; and as to, for, and concerning, as well all and the deter mination of the terms, to trustees and their heirs to convey in No. 5. singular the said hereditaments, and premises comprised in the said several terms of 99 years, and 200 years respec-. tively, from and after the end, expiration, or other sooner determination of the said terms respectively, and in the mean time subject thereto respectively, as also all and singular other the hereditaments lastly hereinbefore by me devised, from and immediately after my decease, to the uses of And after the said J. W. J., and Sir R. J. B., their heirs, and assigns for ever upon the trusts, nevertheless hereinafter mentioned, that is to say, upon trust; and I do hereby direct that they the said J. W., Sir R. J. B., or the survivor of them, or the heirs of such survivor, shall with all convenient speed after my decease, convey and assure all and singular the said manors, messuages, farms, lands, tenements, and hereditaments, subject as to such of the said hereditaments as are comprised in the said several terms of 99 years, and 200 years respectively, to the same terms respectively, and the trusts thereof, to and for the uses, intents, and purposes, upon the trusts, and with, under, and subject to the powers, provisos, conditions, restrictions, and limitations hereinafter expressed concerning the same, that is to say, to the use of my said son W. A,, and his assigns, for and during the term of his natural life (1), without impeachment of waste, so far as is con strict set tlement to his son and his issue. (1) Where the object of the testator is to preserve the devised estates as long as possible in his family, he may devise the fee to trustees and their heirs to the following uses, viz. to the use of his eldest son, for the term of 99 years, to be computed from the day of his, the testator's decease, and fully to be complete and ended, if his said son shall so long live, and from and immediately after the determination of the said term, and in the mean time subject thereto, to the use of the trustees and their heirs, during the life of the said son in trust, in the usual form, to preserve the contingent remainders, and from and after the decease of the said son, to the use of the first and other sons of that son in tail male, to be followed with like limitations successively, in favour of the younger sons of the testator, and their first and other sons respectively, remainder to testator's eldest daughter, for a similar term, if she should so long live, remainder to trustees to preserve contingent uses, and so op, with like limitations successively in favour of the testator' |