presenta

tion to the rectory of

-- during the minority of

the eldest

son or the

person entitled for the time being to

No. 6. tation to the rectory of T., in case, and as often as the same shall become vacant, during the minority of my said son, G. B., or of the person or persons for the time being, entitled to the advowson thereof, under the devise and limitations hereinbefore contained; also, I give and bequeath unto the said J. S. and S. J. the principal sum of 2000l. or thereabouts, due to me on a promissory note from the late Lord B-; and in case the same shall be received by me in my life-time, then I give and bequeath to them the sum of 20007. in lieu thereof, immediately after my decease, in trust to be by them laid out or invested in, or upon government or other public stocks or funds, or upon real securities, at funds, and interest, with full power to change such stocks, funds, and to the wife securities, and those which shall be substituted in lieu thereof, for others of the like kind, as often as shall be thought expedient, and upon trust to permit my said wife to receive fall into the and take the yearly dividends, interest, or produce of such

the advowson.

A sum to be invested in the

dividends

for life,

and after her de

cease to

residue.

sidue to be

collected got in and converted

ed in the

power to vary and

transpose,

&c.

stocks, funds, or securities, for her own use and benefit, during her life, and from and after her decease, my will is, that such stocks, funds, or securities, shall fall into, and go, and be considered as part of my residuary personal esAll the re- tate; and I give and bequeath all the rest, residue, and remainder of my monies, stocks, funds, and securities for money, goods, chattels, and personal estate and effects into money whatsoever, and wheresoever, not hereinbefore disposed of, and invest- and which shall remain after payment of my debts, and funds, with funeral, and testamentary expences, unto my said wife, and the aforesaid J. S. and S. J., their executors and administrators, upon trust, to call in and convert the same into money as soon as conveniently may be after my decease, and to lay out and invest the money so to be called in, and to arise from my said residuary personal estate, in or upon government, or other public stocks or funds, or upon real securities at interest, with full power and authority to sell, dispose of, alter, vary, and change, such stocks, funds, and securities, and those which may be substituted in lieu thereof, for others of the same, or the like nature, as often as shall be thought expedient; and upon trust, as to all and singular the stocks, funds, and securities, which shall, from time to time, constitute or form part of my residuary personal es

said son,

nefit of the

children.

With pow er to apply their presumptive

shares for and to

wards

their main‐

tenance.

tate, for all and every of my children living at my decease, and No. 6. born in due time afterwards, (save and except my To apply G. B., or such other son as shall then be entitled to my said the same manors, and other hereditaments herein before devised in for the be strict settlement,) who being a son or sons, shall then have younger attained, or shall afterwards attain the age of twenty-one years, or being a daughter or daughters, shall then have attained, or shall afterwards attain the like age, or be married under that age, and for their respective executors and administrators, equally to be divided between or amongst them, To be equally di if more than one, share and share alike, and if there shall be vided. but one such child, who shall attain the age or time aforesaid, then as to the whole in trust for such one child, and his or her executors and administrators, and to transfer, assign, and make over the same accordingly, as soon as circumstances will permit; and upon further trust, until such stocks, funds, and securities shall become transferable or assignable as aforesaid, to pay, apply, and dispose of, the yearly dividends, interest, and produce of the presumptive share or shares for the time being, of the child or children, who shall not have attained the age or time aforesaid, of and in the said stocks, funds, and securities, for or towards the maintenance and education of such child or children respectively, until he she or they shall acquire a vested interest therein, or die, which shall first happen; and my will further is, that it shall be lawful for my said trustees, or the survivors or survivor of them, or his or her executors or administrators, at their, his, or her discretion, to apply and dispose of any part or parts, of the presumptive share or shares, for vancement the time being, of any son or sons, under the age of 21 years, of and in the said stocks, funds, and securities, for placing him or them out in any profession, business, or employment, or for his or their instruction therein, or otherwise for his or their benefit or advancement in the world, notwithstanding such share or shares shall not then have become vested; and in case all my said children, except my said son G. B., or the son, who at my decease shall be en titled to my said manors, and other hereditaments hereinbe fore devised in strict settlement, shall die, without any of them having acquired a vested interest in the said stocks the eldest

And for

their ad

in the

world.

And if all

ren die ex cept G. B., then the

whole in

trust for

or other

son entit

settled he

reditaments to transfer

the same to

him when

of age, and

in the mean time to apply the divi

wards his

mainte

nance, and

and after her de

cease to

brother.

The wife

No. 6. funds, and securities, then my will is, and I hereby direct, that my said trustees shall stand, and be possessed of all led to the such stocks, funds, and securities (save and except such part thereof, if any, as may have been applied for the advance. ment of any younger son or sons, whilst under age as aforesaid,) in trust for him, my said son, G. B., or such other son as shall, at my decease, be entitled to my said manors, and other hereditaments hereinbefore devised in strict settlement; and to transfer, assign, and make over the same to him acdends to cordingly, at his age of 21 years, or as soon after as circumstances will permit, and in the mean time to apply the yearly dividends, interest, or produce, or any part thereof, for or if he shall die under towards his maintenance and education; and in case of his age,in trust for the wite decease, under the age of 21 years, then upon trust for my during life, said wife, M. B., for and during her life, and after her de cease in trust for my said brother, T. B., his executors and administrators, for his and their own absolute use and benefit. I nominate and appoint my said wife, M. B., sole sole execu- executrix of this my last will and testament; I also appoint her guardian of all such of my children as shall be infants, during their respective minorities; and I give and devise unto my said wife, and the said J. S., and S. J., and their heirs, the legal estate of all such messuages, lands, tenements and hereditaments, as are vested in me, in fee simple, or for any estate of freehold, by way of mortgage, or as a security for money, to the intent that they may be enabled to convey and dispose of the same, in such manner as occasion Indemnity shall require; and my will is, and I hereby declare, that my said trustees and executors, or any of them, their, or any of their heirs, executors or administrators, shall not be charged, or chargeable with, or accountable for any more of the trust monies and premises, than they shall respectively actually receive, or shall come to their respective hands, by virtue of this my will, nor with, or for any loss which shall or may happen of the said trust monies and premises, or any part thereof, so as such loss happen without their wilful neglect or default; nor any of them, for the others, or other of them, or for the acts, deeds, receipts, disbursements, or defaults of the others, or other of them, but each of them, only for his or her own acts, deeds, receipts, disbursements, and defaults.

trix and

guardian.

clause.

And also that it shall and may be lawful to and for them my No. 7. said trustees and executors, and their respective executors and administrators, in the first place, by and out of the monies which shall come to their hands respectively by virtue of this my will, to deduct, retain to, and reimburse themselves respectively all such costs, charges, damages, and expences as they shall respectively pay, bear, sustain, expend, or be put unto, for or by reason or means of the trusts hereby in them reposed, or the management or execution thereof, or any act, transaction, matter or thing whatsoever in any wise relating thereto. And lastly, I hereby revoke all former wills by me at any time heretofore made.

In Witness, &c,

No. 7.

A Will with limitations of the real property to the children successively and their sons and daughters in fee with a variety of other provisions by way of annuity and otherwise.

THIS is the last will and testament of me I. S. in the county of Northampton, Esquire. I desire that my body may be deposited in the vault wherein my late dear father was buried at in the county of with suitable decency, but without funeral pomp. And whereas I am seized of the fee simple and inheritance of the manor of N in the county of N- aforesaid, and divers he reditaments purchased by me from and also divers messuages, lands, and hereditaments in the parishes of — A. and B. in the counties of, H. and D. and purchased by me from D. C. esquire, and also of divers other mes suages, lands, cottages, and hereditaments at S. in the said county of N. and lately purchased by me of C. D. and

No. 7. E. F., and also of a messuage or dwelling house and divers

Devise of

freehold

and copy

hold es

tates (except those at V.)

To his eld

est son W.

S. for life

and after

his decease,

lands and hereditaments at V. in the county of Sussex purchased by me of F. T. esquire, and also of divers messuages lands and hereditaments at Ly in the parish of T. in the said county of S. and lately purchased by me of H. P L. and his trustees. And whereas the said messuages, lands, and hereditaments at Ly are subject to the payment of the sum of 4100l. to L. T. S. and F. (the trustees named in an indenture of settlement bearing date, &c. being the settlement made on my marriage with my present wife M. S.) which sum was advanced by them for my use out of the trust monies of such settlement; now I give and devise my said manor and all other my freehold messuages, lands, tenements, hereditaments, and real estate whereof I have power to dispose in possession, reversion, remainder, or expectancy, (save and except the said messuage, lands, and hereditaments at V. hereinafter devised) with their and every of their rights, members, and appurtenances, subject nevertheless to such charges and incumbrances as the same premises or any of them shall be at the time of my decease subject or liable to, and subject also to the payment of the several annuities hereinafter bequeathed, to X. Y. Z. their heirs and assigns; to the uses, upon the trusts, and for the intents and purposes, and subject to the provisos and declarations hereinafter limited and contained concerning the same, that is to say; to the use of my eldest son W. S. if he shall attain the age of 21 years, or shall be married with the consent in writing of any three of the trustees for the time being of this my will which shall first happen and his assigns for the term of his natural life without impeachment of waste, and from and after the determination of that estate by forfeiture or otherwise in his life time, to the use of the said X. Y. Z. and their heirs during the life of the said W. S., upon trust by the usual means to preserve the contingent remainders hereinafter limited from being destroyed; but nevertheless to permit my said son W. S. and his assigns during his life to receive and take the rents and profits of the same premises for his and their use, and from and immediately after the decease of the said W. S., to the use