Power to es of the freeholds, and of the copyholds, with licence for any term, not exceed ing21, so as the most improved rent be reserved without aking any fine, ac. No. 7. subject, and without prejudice as aforesaid. Provided al- ́ ways, and I hereby declare my will to be, that it shall and grant leas may be lawful to and for the person or persons who, by virtue of the dispositions hereinbefore contained, or any of them, shall be in the actual possession of the said messuages, lands, and hereditaments, from and after he or they shall have attained the age of 21 years, and in the mean time, until he or they shall have attained that age, then for his or their guardian or guardians, by indenture or indentures, to be by him or them respectively duly executed, under his or their hand and seal, or respective hands and seals, to demise, lease, and grant all or any part of the said freehold premises, and by indenture, surrender, or otherwise to lease such of the said premises as are of copyhold or customary tenure, (so far as the licence of the lord or lords of the manor or manors, whereof the same respectively is or are parcel, or held, can be obtained for that purpose, or the custom of such manor or manors will respectively admit of,) unto any person or persons, for any term or number of years, not exceeding 21 years from the making thereof, so as there be reserved upon every such lease the best and most improved yearly rent or rents that can be reasonably obtained for the premises thereby leased, without taking any fine, premium, foregift, or forfeiture, for making the same, or any of them, and so as in every such lease there be contained a clause of re-entry for the non-payment of the rent or rents, thereby reserved, and so as the lessee in every such lease shall and do execute a counterpart thereof. Provided always, and I do pointment hereby direct and declare, that if the said trustees or any of them, or any future trustees or trustee, under, or for the purposes of this my will, shall die, or desire to be discharged from, or shall refuse to act, or become incapable of acting in the trusts of this my will, at any time or times, before such trusts shall be fully performed and executed, it shall be lawful for the trustees or trustee for the time being, with the consent and approbation of the person or persons, for the time being, in the actual possession or receipt of, or immediately interested in, and entitled to the rents and profits of the said hereditaments and premises hereinbe Power for the ap of new trustees. as fore devised and bequeathed, signified in writing, under No. 7. his or their hand or hands, or in case the person or persons so interested and entitled, shall be a minor or minors, then with the consent and approbation of his, her, or their guardian, or guardians, signified in like manner, to nominate and appoint any other fit person or persons to be a trustee or trustees in the place and stead of him or them respectively, so dying, or desiring to be discharged from, or refusing to act, or becoming incapable of acting in the said trusts, and so in like manner, from time to time, as often there shall be occasion, upon the death of any succeeding or future trustee or trustees, or his or their desire to be discharged from or refusing to act, or becoming incapable of acting in the said trusts; and that when and so often as any such new trustee or trustees shall be so nominated or appointed as aforesaid, the old trustee or trustees shall convey and assign the trust estates, and premises then in him or them vested, for all his or their estate and interest therein, so and in such manner as that the same may become, and be legally and effectually vested in the surviving or continuing trustees or trustee, and such new trustee or trustees jointly, or in such new trustee, or trustees, only, as the case shall happen, to the uses, upon the trusts, and to and for the intents and purposes, and under and subject to the provisos, declarations, and directions hereinbefore declared or expressed of or concerning the same, or such of them as shall be then subsisting, or capable of taking effect, and such new trustee or trustees shall and may act in the execution of the said trusts in such and the same manner, to all intents and purposes, and shall be invested with, and have such and the like powers and authorities, as if he or they had been originally named a trustee or trustees for such purposes by this my will. And I hereby nominate and appoint the said Appoint X., Y., Z., executors of this my will. And I also appoint executors them, and also my said wife (so long as she shall remain un- and guarmarried,) guardians of the persons and estates of my child- the children during their minorities. And I direct and declare ren. that the said X., Y., Z., or any of them, or any new trustee clause for or trustees, who shall be nominated and appointed as afore- indemnify ing the said, or the heirs, executors of administrators of either or trustees. ment of dians of Usual No. 8, any of them, shall not be answerable or accountable by vir. tue of, or under the trusts hereby reposed, or in pursuance hereof to be reposed in them respectively, any otherwise than each person, for his own actual receipts, acts, neglects and wilful defaults; and that they, or either or any of them, shall and may, by or out of any monies which shall come to their hands respectively by virtue of this my will, defray and retain to and reimburse themselves and each other, all such costs, charges and expences as they respectively shall or may incur, pay or sustain, in or about the execution, or by means of the trusts hereby in them reposed; and I hereby revoke all former wills and codicils thereto by me made at any time heretofore, and declare this only to be my last will, as expressed and contained in this and the six preceding sheets of paper hereto annexed. Revoca tion of all former wills. In witness, &c. No. 8. Testator gives his house at after his wife's all other his freehold, lease Will consisting exclusively of Provisions for Wife and younger Children, by annuity, and portions charged upon all the Testator's property. THIS is the last will and testament of me, J. H., of, &c. I give and devise all that my freehold messuage or dwellinghouse, known by the name of St, and all my estate and death, and lands thereunto belonging or therewith occupied, situate at -, unto my said wife, for and during the term of her hold, and natural life; and from and immediately after her decease I copyid, give and devise my said messuage or dwelling-house, estate ly on his and lands at, and from and immediately after my immediatc ' his con partner. in his busi ness of a-books, pictures,plate, linen, china, house. and also his stocks, money, se. money, aud all other his trustees decease, I give and devise all other my freehold and all my No. 8. copyhold or customary and leasehold messuages, lands, tenements and hereditaments whatsoever and wheresoever, decease, and all my equitable and other estate and interest in the tracts for land-tax, contracts which I have entered into for the purchase of land- and canal tax charged upon and payable for my said estate; and also shares, all shares and promissory notes, in or from the Grand Junc- ship share tion Canal navigation, of which I shall be possessed at my death; and all the share or shares, estate and interest which I have of and in the trade or business of, which I now carry on in partnership with and, and all my books, hold goods, pictures, plate, linen, china, household goods and household furniture of every kind which shall be in or about both my dwelling-houses, the usual places of my residence in town and country, at the time of my decease; and also all my stocks, his personmonies, securities for money, and all other my personal al estate to estate not hereinbefore disposed of, unto and to the use of my upon trust, said son, J. H., T. O., and W. R., their heirs, executors, administrators and assigns respectively, for all such estate, term and interest as I shall have therein respectively, at my decease, and according to the several natures and qualities of such estates and property respectively, upon the trusts hereinafter mentioned, expressed and declared of and concerning the same, (that is to say,) as for and concerning the books, pictures, plate, linen, china, household goods, and household furniture of every kind, which shall be in both my said dwelling-houses, the usual places of my residence in town and country, at the time of my decease, upon trust, from and after my decease, to allow my said wife to have and enjoy the use thereof during her life, for her own absolute benefit, without any controul whatsoever; and my will is, and I do hereby order and direct that as soon as conveniently may be after my decease, my said trustees do cause a true and exact inventory to be made and taken of all the said books, pictures, plate, linen, china, household goods and household furniture, and two copies to be made of such inventory, one to be delivered to my said wife, and the other to be kept by my said trustees, which last copy shall be signed by my said wife, at the foot of a receipt to allow have the his wife to use of the books, furniture, &e. for her life, with direc tions for an inventory, Trustees No. 8. thereunder, written, for the articles therein specified, at or before the time of her taking possession thereof; and I declare and direct that my said sons, J. H., T. O., and W. R., their heirs, executors, administrators and assigns shall stand premisest and be seised and possessed of and interested in my said and the said books, pictures, plate, linen, out of the devised raise 8000l. for children's por tions (exeldest son), rept the estate at china, household goods and household furniture, subject to the life estate and interest of my said wife therein, and all other my said freehold, copyhold and leasehold estates, shares and notes in the Grand Junction Canal navigation, and personal estate whatsoever hereinbefore devised and bequeathed to them upon trust, by and out of the rents and annual income of my said freehold, copyhold and leasehold estates, or by mortgage and sale thereof, or of any part thereof, or by all or any of the same means, or by and out of the annual produce of my said personal estate, or by sale or other disposition thereof, or of any part thereof, or by such other ways and means as they shall think fit and advis able, to raise and levy the sum of 80001. for the benefit and for the portions of all and every my child and children, living at my decease, or born afterwards (other than and except my eldest son the said J. H.) equally to be divided between and amongst, or for the benefit of them, if more than one, share and share alike, and if there shall be but one such child, then for the benefit of such only child, and to be raised and paid to or for such children or child, in the manner following, (that is to say) the share or respective shares of such of them, as being a daughter or daughters, shall be under the age of 21 years, and unmarried at the time of my decease, to be raised and paid as and when she or they shall respectively attain that age or marry with the consent of, &c. hereinafter named, which shall first happen and to be paid or invested in manner hereinafter mentioned, to the intent that the income thereof may be for the sole and separate use of such daughter or daughters, and may not be subject to the debts, control or engagements of any per son, with whom she or they may, after my decease, happen to intermarry, and that the principal may be subject to the respective testamentary appointments, as hereinafter is men |