Imatges de pàgina
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No. 13. hereby expressly will, declare and direct, that in case at

any time hereafter the said society or congregation shall be dissolved and broken up, or that the laws and statutes of this realm shall disallow and prohibit the same society or congregation from meeting together for religious worship, as Protestant dissenters are now by law tolerated to do, then and in either of the said cases, and when and as soon as the same or either of them shall happen, the said sum of —1. and all the interest and produce from thenceforth to arise and be received, shall sink and fall back into the residuum of my personal estate by me hereinafter given and bequeathed, and shall be, go, and remain to and for the use and benefit of such person or persons, who, for the time being, should or would have been entitled unto such residuum, by virtue Plate and of, and under this my will. I give and bequeath all my household rings whatsoever, and such pieces of my plate as are marked goods to-. with my own name and arms, and my household goods and furniture, and my wearing apparel, unto the said and all my books, and all other my plate (not hereinbefore bequeathed) and all my ready money and securities for money, arrears of rent, debts to me owing, and all my stocks in any of the public companies or funds, and all other my goods, chattels and personal estate whatsoever (not hereinbefore by me otherwise bequeathed or disposed of) I also give and bequeath unto, of, &c. to and for his own use and benefit; and I do hereby make, ordain, constitute and appoint and executors of this my last will and testament; and I give and bequeath unto the said said, the sum of -7. for his care and trouble as one of my execu tors and trustees. I do hereby authorise, impower, and direct my said executors, and the survivor of them, his executors and administrators in the mean time, from and after my decease, until the said shall attain his age of 21 years, to manage and improve the estate and fortune of him the said, by me hereby given him for his use and benefit, and to lease all or any part of his freehold, copyhold, or leasehold estates, and to lend and place out upon security or securities at interest, or to lay out in the public companies or funds, or otherwise improve according to his or their discretion or discretions, all or any part of the monies

belonging to or arising from the said estates and fortune of No. 15. the said and to pay unto and account with him the said -, for all such rents, interests, produce and improvements, as shall arise from or be made of, and produced by the said estates, monies and fortune hereby given, devised and bequeathed to him, when he shall attain his age of 21 years. And my will is, and I do hereby expressly declare, that my said executors and trustees, or either of them, their, or either of their executors or administrators, shall not be charged or chargeable with, or accountable for more of the aforesaid monies and estates, than he or they shall actually receive, or shall come to his or their respective hands, by virtue of this my will, nor with or for any loss which shall happen of the said monies and estate hereby by me given to the said -, or of the aforesaid sum of. or of any part thereof, so as such loss happen without their wilful default and neglect; nor the one of them for the other of them, or for the acts, deeds, receipts, defaults or disbursements, the one for the other; and also that it shall and may be lawful for them my said executors, and each of them, their and each of their executors and administrators, in the first place, by and out of the said premises hereby devised to the said, respectively to deduct and reimburse him and themselves respectively, all such loss, costs, charges and expences, as he or they, or any of them, shall sustain, expend, or be put unto, for or by reason of the performance of this my will, or the trusts hereby in them reposed, or the management and execution thereof respectively, or any other thing in anywise relating thereunto; and, lastly, I do hereby revoke, &c.

In witness, &c.

No. 16.

Recites a covenant to give or leave the

sum of -1.

Will by a Citizen of London, containing Provisions for Daughters and a Son; with Charities, and a provision for keeping a Tomb in repair.

THIS is the last will and testament of me, A. B. of First, I desire that my body may be interred in the most private manner, at the discretion of my executor hereinafter

to his mar- named; and whereas my daughter

ried dangh

husband,in lieu and

her claim

under the

custom of London.

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wife of

had

ter and her only. at her marriage; but I have lately paid and given to the said, the further sum of 7. and have full of all also covenanted and agreed to give or leave to them the said and his wife, or the survivor of them, or their children, or issue, or other representative, either in my lifetime, or in and by my last will and testament, at the time of my decease, the further sum of 7. which they, the said, and his wife, have covenanted and agreed to accept in full for the advancement and preferment of her the said —, out of all such part and share as they, or either of them, can or may, or could or might claim or pretend to, of, in, or out of all, or any part of my personal estate, by virtue of the custom of the city of London, or otherwise (except such part thereof as I should or might freely and voluntarily give or leave to them or either of them by my last will and testament, or otherwise :) Now thereBequeaths fore, I do hereby give and bequeath the sum ofl. of according lawful money of Great Britain, to be paid by my executor

such sum

to the co

venant.

hereinafter named, within three calendar months next after my decease, unto the said, and his wife, or the survivor of them, or to such other person or persons, as for the time being shall be intitled to receive the same, accord

sons as

ing to the true intent and meaning of my said covenant and No. 16. agreement in that behalf entered into by me, and in full satisfaction and discharge of and for the same covenant and agreement. I give and bequeath unto such persons whose Gives to such per names shall, at the time of my decease, be found expressed or contained in any list, note, or other writing, written or signed by me, the several and respective sum and sums of any list or money which shall be therein set down, mentioned, or expressed to be by me given to them respectively. I give and bequeath unto my nephew,, of, &c. in the county of sums there

brother of the said

shail be

named in

note to be

written or

signed by

him, the

in express

and to their ed.

nuities to

his daughissuing out ter, to be

of lands,

&c.

and heirs and assigns, for and during the natural life of my said Gives andaughter - an annuity or yearly rent-charge of. of like money, to be yearly and every year issuing and payable out of all my manors, messuages, &c. in the county of upon trust, nevertheless, that the said, and shall and do pay, apply and dispose of the said annuity or yearly rent-charge ofl. unto such person and persons, and for such uses and purposes as she the said shall from time to time, notwithstanding her coverture, by any note or notes in writing, under her hand, direct or appoint, to, the intent that the same may not be at the disposal of, or subject or liable to the control, debts, forfeitures or engagements of her present, or any after-taken. husband, but only at her own sole and separate disposal, and for her own sole and separate use and benefit. (The like to two other daughters.) And it is my will and desire that the aforesaid annuities shall be paid to my said daughters, -, by two equal half-yearly payments, on the two most usual feasts or days of payment in the year (that is to say) the feast of St. Michael the Archangel, and the Annunciation of the blessed Virgin Mary in every year; the first of the said half-yearly payments to begin and be made on such of the said feasts as shall first happen next after my decease and my further will is, that it shall and may be lawful to and for my said trustees, their heirs and assigns, from time to time, in case of non-payment of the said annuities respectively, or any of them, or any part of them, to raise the same by distress upon all or any part of the premises charged therewith, together with the costs and charges of

No. 16. such distress. And whereas I have already sufficiently pro

Makes a

vision for

his three daughters,

India stock.

and

vided for my said daughters, at the time of their respective marriages, with their now husbands, and for which I have all their discharges; and have now likewise sufficiently provided for my said daughter, in manner aforesaid; yet nevertheless, as a further provision for furtherpro- my said three daughters, for their separate use (over and above the several annuities hereinbefore given for their out of East benefit, for their respective lives as aforesaid) I do hereby give and bequeath unto the said — and, their execu tors and administrators,-. capital stock in the funds of the united East India company, upon the trusts hereinafter mentioned concerning the same (that is to say) As to one full third part thereof, upon trust, that they my said trustees, their executors or administrators, shall and do pay, apply and dispose of the yearly dividends, interest, and produce thereof, as the same shall, from time to time (during the natural life of my said daughter —) arise or be received, into the -) proper hands of her my said daughter, or otherwise to permit and suffer her my said daughter, to receive the same to and for her own sole and separate use and benefit, to the intent that the same may not be at the disposal of, or subject or liable to the control, debts or engagements of her present, or any after-taken husband, but only at her own sole and separate disposal; and upon further trust, that they my said trustees, their executors or administrators, shall and do, from and after the decease of my said daughter transfer and dispose of the said third part of the said. stock, unto all and every, or such one or more of the children or grand-children of her the said which shall be then living, in such parts, shares and proportions, manner and form, as she, notwithstanding her coverture, or whether she shall be sole or married, by her last will and testament in writing, or any writing purporting to be her last will and testament, or any codicil thereto, to be by her signed, sealed, and published in the presence of three or more credible witnesses, shall direct, limit, give or appoint the same; and in default thereof, then unto and amongst all and every 'the children of her the said, which shall be living at the 'time of her decease, equally to be divided between them (if

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