The intervidends 10

est and di

rents of the

estates

if pur

tution of

the will.

or to sell and transfer such funds or securities, and to rein- No.13. vest the principal money so called in, or arising by such sale or transfer, in or upon any new, or other funds or securities of the like kind, and so from time to time to vary, alter, or transpose all such funds or securities for others of the same nature, so often as it may be thought meet. And my will is, that the dividends and interest arising from all such principal money, funds, and securities, shall, from time go as the to time, go and be paid to such person or persons, and be purchased applied for such intents and purposes, as the rents and would go, profits of the lands, or hereditaments, to be purchased there- chased. with, and settled as aforesaid, would go or be payable, or applicable unto, in case such purchase and settlement were actually made. Provided, and my will further is, that when, Power for change, and so often as any of them, the said, &c. my said trustees and substi hereby appointed, or any succeeding trustee or trustees, the trus (whether introduced into the trusts of this my will, or any tees under of them, by nomination or appointment under this present power, or by representation of any deceased trustee, or trustees,) shall die, or refuse, or neglect to act, or be desirous to be discharged from, or become incapable of acting in the execution of the said trusts, or any of them, it shall and may be lawful for the surviving, or other trustees, or trustee, for the time being, whether introduced into such trusts by nomination or appointment, or by representation as aforesaid, by any deed or writing, deeds or writings, under his, her, or their hand and seal, or hands and seals, attested by two or more credible witnesses, to nominate and appoint any other person or persons to be a trustee or trustees for the purposes herein mentioned, or any of them, in the stead of such trustee or trustees, so dying, or refusing, or neglecting to act, or being desirous to be discharged as aforesaid. And the said trust estates, whether real or personal, shall upon, or so soon as conveniently may be after every such nomination or appointment, be conveyed, assigned, and transferred, so as that the same may be vested in such new trustee, or trustees, (if any) their heirs, executors, administrators, and assigns, according to the nature and quality thereof respectively. And if there shall be no continuing trustee, then wholly in

4

No. 13. such new trustee, or trustees, as the case may happen, and his or their heirs, executors, administrators, and assigns, according to the nature and quality thereof respectively, upon the trusts, and for the intents and purposes, and with, under, and subject to the powers, provisos, and declarations expressed or declared concerning the same respectively by this my will, or such and so many of them as shall be then subsisting, or capable of taking effect; and every such new trustee, his heirs, executors, administrators, and assigns, shall have, and be invested with every power and authority hereby delegated to the trustees herein named, either alone, or in conjunction with such former trustees, or trustee, as the case shall be. Provided also, that my said trustees respectively, for the time being, shall be charged, and chargeable only with such monies as they respectively shall have actually received, and that one of them shall not be answerable or accountable for the other, or for the acts, receipts, neglects or defaults of the other of them, but each only for his, her, or their own acts, receipts, neglects, or defaults; neither shall they, my said trustees, for the time being, be answerable or accountable for any misfortune, loss, or damage, that may happen, of or to the said trust estates, monies, and premises, or any part thereof, except the same shall happen by or through his, her, or their wilful default respectively. And also, that my said trustees for the time being, and each of them, their, and each of their heirs, executors, administrators, and assigns, shall and may, by and out of the monies that shall come to their respective hands by virtue of the trusts aforesaid, retain to, and reimburse herself, himself, and themselves respectively, and allow to his, her, or their cotrustee or co-trustees, all such costs, charges and expences, as they, either, or any of them shall or may respectively sustain, expend, disburse, or be put unto, in or about the execution of the trusts hereby in them reposéd, or in any wise relating thereto. And I appoint

and

executrix and executors of this my will. And I also appoint them, and the survivor and survivors of them, guardian and guardians of such child or children as I may have, whether born in my life, or after my decease, during

1

their respective minorities. And I revoke all former and No. 13. other wills by me at any time heretofore made, and declare this only to be my last will and testament. In witness, &c.

No. 14.

A Merchant's Will, providing for the continuance of his trade, under the management of his executors, for the benefit of his family, and for the future introduction of his sons into the business.

THIS is the last will and testament of me,

of

I direct that my executors, hereinafter named, Executors

within a

month af

ter testator's inter

ment to inventory

make an

of all his

funeral and

do and shall, within one month after my interment, cause a full, true, and accurate inventory schedule and account to be made and taken of all and singular my estate and effects of every nature or kind whatsoever, whether real or personal, and that five fair copies thereof shall be transcribed and estate and signed by all my said executors, and that one of the said effects. copies so signed as aforesaid, shall be delivered to each of my said executors, for his own use. And I will and direct Debts and that all such debts and sums of money as I shall justly owe testaat the time of my decease, together with the expences of my charges to funeral, and the probate of this my will, and the execution be paid out thereof, be fully paid and satisfied by my said executors, out sonal es of my personal estate. I give and bequeath to my dear tate. wife, S. T., the sum of 100l. to be paid to her immediately after my decease; and to each of my children, who shall be then living, the sum of 201., to be applied by their mother, for their use in mourning and necessaries, immediately after my decease. I give and bequeath unto my said wife, S. T.,

mentary

of the per

Annuity to the wife, durante viduitate,

over and above the

vision,

No. 14. over and above the estates which are already settled upon her, (situate, &c.) one annuity, or yearly sum of 400/. for and during the term of her natural life, in case she shall so long continue my widow; and I do hereby direct that the same shall be charged upon the interest to arise, accrue, or settled pro- be paid, as hereinafter is mentioned, from or by the capital to be employed in my trade or business of, which is to be carried on by my said executors, according to the directions hereinafter for that purpose given and contained: and that the said annuity, or yearly sum of 4001. shall be paid to her, my said wife, by four equal quarterly payments, on Lady-day, Midsummer-day, Michaelmas-day, and Christmas-day, in every year, the first payment thereof to begin and be made on such of the said days as shall next happen after my decease. But in case my said wife shall marry again, at any time after my decease, then, and in such case, the annuity I revoke the said bequest of the said annuity of 400%. hereduced and inbefore given to her, and direct that the same shall, from paid to her thenceforth, cease and determine; and instead thereof, I give

In case of her second marriage,

to be re

separate

use.

and bequeath unto

and

one annuity or yearly sum of 300l., for and during the remainder of the natural life of my said wife, subject nevertheless to the proviso hereinafter contained, for determining the same, to be charged upon the interest to arise, accrue, or be paid, as hereinafter is mentioned, from the capital employed in my said trade or business, and to be payable at or upon the like four equal quarterly days of payment as aforesaid, that is to say, Lady-day, Midsummer-day, Michaelmas-day, and Christmas-day, in every year: and the first payment of the said annuity of 300l. to begin and be made on such of the said days as shall first and next happen after such second marriage of my said wife, upon trust, nevertheless, that they, the said trustees, or the survivors or survivor of them, or the executors or administrators of such survivor, do and shall pay the said last mentioned annuity of 3001. from time to time, as and when the same shall become due and payable, and be received by them as aforesaid, unto my said wife, S. T., in the manner hereinafter expressed. And I hereby expressly will, direct and declare, that the said annuity, or yearly sum of 3001. or any part thereof, shall not be subject,

Power to

the wife to dispose by

will of

5000l. to

be paid out due of the

of the resi

estate; to

or in any manner liable to the debts, control, engagements, No. 14. or intermeddling of any husband, with whom my said wife shall hereafter happen to intermarry, but that the same shall, from time to time, be paid into her hands, to and for her own sole separate and peculiar use and benefit, and not into the hands of any other person or persons whomsoever. And that the receipt and receipts of my said wife, under her hand alone, notwithstanding her coverture, shall, from time to time, be a good and sufficient discharge, and good and sufficient discharges, to my said trustees, for so much of the said last mentioned annuity, as in such receipt or receipts shall be acknowledged or expressed to have been received. (Proviso for restraining her from assigning the annuity, see page 371). And my will is, that it shall and may be lawful to and for my said wife, in case she shall continue my widow until the time of her decease, (but not otherwise) in and by her last will and testament in writing, to be by her signed and published in the presence of, and attested by two or more credible witnesses, to give, bequeath and dispose of personal the sum of 5000l. to be charged and chargeable upon, and be reduced raised and paid out of the residue of my personal estate, upon her unto such person or persons, in such parts, shares, and pro- min. portions, and in such manner and form as she shall think fit. But in case my said wife shall marry again at any time after my decease, and she shall not, at any time during her life, have forfeited the said annuity of 300l. under the proviso hereinbefore for that purpose contained, then, and in such case, but not otherwise, it shall and may be lawful to and for my said wife, by her last will and testament, to be executed and attested in such manner as aforesaid, to give, bequeath, and dispose of the sum of 20007. only, to be in like manner charged, and chargeable upon, and raised and paid out of the residue of my said personal estate, unto such person or persons, in such parts, shares, and proportions, and in such manner and form as she shall think fit; and I do hereby charge, and make chargeable the residue of my personal estate and effects, with the payment of the said sum of 5000l. to the legatee or legatees thereof, to be named in the last will and testament of my said wife, in case she shall continue my widow until the time of her decease; or in case

to 2000l.

marrying

again.