or any

life to such

she shall,

and ap

And in default of appointment,

into the

proper

hands of

his daughter, for her

sole and se

parate use.

dends, interests, and proceeds of the said last-mentioned No. 11. stocks, funds, and securities, unto such person or persons dends dur only, and for such intents and purposes only, as my said ing his daughter, M. E. L. shall, by any writing or writings under daughter's her hand, from time to time, notwithstanding her present persons as future coverture, direct or appoint, and in default of notwithsuch direction or appointment, do and shall pay the same, her coverstanding or so much thereof as she shall or may, from time to time, ture, direct happen to make no direction or appointment of into the pro- point. per hands of my said daughter, M. E. L., for her sole and separate use and benefit, exclusively of her present or any future husband, who shall not intermeddle therewith, nor shall the same or any part thereof be subject or liable to the power, control, debts, or engagements of any such husband, but the receipts of my said daughter, M. E. L., and of such person or persons as she shall or may, from time to time, direct or appoint to receive the same, shall, notwithstanding her present or any future coverture, be good and effectual releases and discharges for the same, or so much thereof as in such receipts shall be expressed or acknowledged to have been received. Provided nevertheless, and Proviso my will is, and I do hereby expressly declare, that my said that his daughter, M. E. L., shall not have power to sell, assign, shall not mortgage, or otherwise incumber the said dividends, inte- or anticirest, and proceeds, or any part thereof, by anticipation, paid diviwhilst in the hands of my said trustees or trustee; and from dends. and after the decease of my said daughter M. E. (or in the daughher life-time, if she shall direct the same by any deed or ter to appoint the writing under her hand and seal, executed in the presence same either of, and attested by, credible witnesses,) upon trust, that they, my said executors and trustees, or the trustees or trustee for the time being, do and shall transfer, assign and pay the said last-mentioned stocks, funds, and securities. unto all and every the child and children of my said daughter, M. E. L., whether by her present or any after-taken husband (other than and except an eldest or only son, or an eldest daughter, entitled for the time being to the estate at Baforesaid,) according to her appointment, by deed or will, in like manner, as herein before declared, with re

L.

daughter

incumber

pate the

Power for

in her life

time, or af

ter her de

cease.

No. 11. spect to the stocks, funds or securities, wherein or upon which the said sum of 5007. (hereinbefore given) shall be inAnd in de- vested, and in default of such direction or appointment, then pointment upon trust, that they my said executors and trustees, or the among her trustees or trustee for the time being, do and shall transfer,

fault of ap

to and

children

equally, with survivorship, except an eldest son, or eldest

assign, and pay the same stocks, funds, or securities unto all and every the child and children of my said daughter M. E. L. whether by her present or any future husband, (other than and except an eldest or only son or an eldest daughter endaughter, titled as aforesaid) in like manner and with the like condiaforesaid. tion of survivorship and power of maintenance and educa

entitled as

Pro

tion to and amongst all such children, and subject to all such powers, provisos, and restrictions as hereinbefore declared, with respect to the stocks, funds, or securities, wherein or upon which the said sum of 50001. shall be invested. vided also, and my will is, and I do hereby further direct, that in case all and every the child and children of my said daughter M. E. L. whether by her present or any future husband (other than and except an eldest or only son, or only daughter, entitled for the time being to the aforesaid estate at B.) shall depart this life before their said shares or any of them shall have become vested according to the directions of this my will, then my said trustees or the trustees or trustee for the time being shall stand possessed of, and interested in, all and every the stocks, funds, and securities, wherein or upon which my said residuary personal estate, or any part thereof, shall be placed out, or invested (or so much thereof as shall remain unappointed or undisposed of as aforePower for said,) in trust, &c. Provided always, and my will is, and 1 do hereby declare that it may be lawful to and for my said trustees, or the trustees or trustee for the time being, (with the consent and approbation of my said daughter M. E. L. signified in writing under her hand, if living, and if she shall be then dead, then of the proper authority of my said trustees or trustee for the time being,) to sell and transfer all or any of the stocks, funds, or securities, wherein or upon which any part of my property shall be placed out or invested, in pursuance of this my will (but not without the consent in writing of my said wife J. S. if living, in case any of the stocks, funds, or secu

the trus

tees to vary and transpose the securities.

rities, directed to be sold or transferred, shall form part of the No. 11. security or provision hereinbefore devised for the benefit of my said wife during her life) and to lay out and invest the money to be produced by or from such sale or transfer, in or upon any other of the parliamentary stocks or funds of Great Britain, or on any other real securities in England, at interest, and from time to time (with the like consent and approbation as aforesaid,) to vary, alter, and transpose all such stocks, funds, and securities for others of the like nature, when and so often as it shall be desirable or convenient so to do; and that they my said trustees, or the trustees or trustee for the time being, do and shall stand possessed of, and interested in, all such new or other stocks, funds, or securities, upon such and the same trusts, and for such and the same intents and purposes, and with, under, and subject to such and the same powers, provisos, declarations, and agreements as are hereinbefore declared or contained, concerning the stocks, funds, or securities, from the sale or transfer whereof such new stocks, funds, or securities respectively shall arise, or such of them as shall be then subsisting or capable of taking effect. Provided also, and my will further Clauses for is, and I do hereby declare, that if my said trustees, or ei- changing ther of them, or any of their respective executors or admi- and for nistrators, or any future trustee or trustees to be appointed in the stead or place of them, or any of them as hereinafter is mentioned, or any of their respective executors or administrators, shall die, or be desirous of being discharged from, or decline to act, or become incapable of acting, in the execution of the trusts hereby in them reposed, or any of them, then and in such case, and when and so often as the same shall happen, it shall and may be lawful to and for my said daughter M. E. L., by any writing or writings, under her hand and seal, (but having the consent of my said wife J. S., if living) to nominate and appoint any other person or persons to be a trustee or trustees in the stead and place of the trustee or trustees so dying, or desiring to be discharged, or declining or becoming incapable of acting as aforesaid, and that when and so often as any new trustee or trustees shall be so nominated or appointed as aforesaid, all the trusts, monies, stocks, funds, securities, and premises, which shall be

trustees,

their safe.

ty and indemnity.

No. 11.

then vested in the trustee or trustees so dying or desiring to be discharged, or declining to act, or becoming incapable of acting as aforesaid, either solely, or jointly with any other trustee or trustees, shall be thereupon with all convenient speed assigned and transferred in such sort and manner, and so as that the same shall and may be legally and effectually vested in the surviving or continuing trustee or trustees of the same trust monies, stocks, funds, securities, and premises, and such new or other trustee or trustees; or if there shall be no continuing trustee of the same, then in such new trustees only, upon the same trusts and for the same intents and purposes as are hereinbefore expressed and declared of and concerning the same respectively, or such of them as shall be then subsisting or capable of taking effect; and that all and every such new trustees shall and may in all things act and assist in the management, carrying on, and executing of the seve ral trusts herein expressed and contained, as fully and effectually to all intents and purposes, as if he or they had been originally appointed in and by these presents, or as the trustee or trustees, in or to whose place he or they shall succeed, might have done if living, and continuing to act in the execution of the said trusts. And I do appoint my said executors to be the guardians of my several grand-children, and of my said natural son J. S., during their respective minorities. And my will further is, and I do hereby declare and direct that my said executors and trustees, and such new trustees as may be appointed in pursuance of the power hereinbefore contained, and each of them, their and each of their executors, administrators, and assigns, shall be charged and chargeable only with and for so much of the said trust monies, and premises as they respectively shall actually receive; and that one of them shall not be answerable or accountable for the others or other, or for the acts, receipts, neglects, or defaults of the others or other of them, but each of them only for his own acts, receipts, neglects, or defaults; nor shall they, or any of them, be answerable or accountable for any banker, broker, or other person with whom or in whose hands any of the said monies may be placed for safe custody or otherwise, in the execution of any of the said trusts, nor for the insufficiency or deficiency of any stocks,

f

unds, or securities, in or upon which any of such monies No. 12. may be invested, in pursuance of and in conformity to this my will, nor for any other misfortune, loss, or damage, which may happen in the execution of the aforesaid trust, or otherwise in relation thereto, unless the same shall happen by or through their own wilful defaults respectively. And also that they my said trustees and executors, and such new trustees as may be so hereafter appointed as aforesaid, and each and every of them, their and each and every of their executors, administrators, and assigns, shall and may out of the monies, which shall come to their respective hands, by virtue of the trusts aforesaid, retain to and reimburse himself and themselves, and allow to his and their co-trustees and co-trustee, all costs, charges, and expences which they or any of them may respectively sustain, expend or be put unto, in or about the execution of the trusts aforesaid, or in anywise relating thereto. And lastly, I do hereby revoke all former and other wills by me at any time heretofore made.

No. 12.

A Will equally dividing the testator's whole substance between his two sons, being his only children, subject to a provision for his widow.

THIS is the last will and testament of me, H. L. C. of &c. Esq.; my soul I humbly recommend (1) to the

(1) Of late years it has been the fashion, for there is a fashion even in the last acts of a man's life, to omit these solemn preambles. I confess myself an approver of them, as believing it to be useful