more than one) share and share alike, and the child or child. No. 16. ren of such of them as shall be then dead, in manner aforesaid, and such child or children to have his, her, or their father's or mother's share only. Provided always, nevertheless, that in case my said daughter shall have no Receipts of the daugh ters to be such children or grand-children living, at the time of her decease, then my said trustees, their executors or adminis trators, shall assign and transfer the said third part of the said. stock, unto, his executors and administrators, to and for his and their own use and benefit; and as to one other third part of the said. capital stock, 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 life of my said daughter -) (another daughter) arise or be received, unto the proper hands of her the said, or otherwise, &c. (as before.) And as to the remaining third part of the said -7. stock, upon trust, &c. (for another daughter's benefit, as before.) And my will is, that the respective receipts of my said several daughters alone, under their respective hands, as well for their said several and respective annuities or discharges.. rent-charges, as for their several parts and shares of the yearly dividends, interest and produce of the said East India stock, shall from time to time, notwithstanding their respective covertures, be good and sufficient discharges to the person or persons paying the same annuities and dividends, interest or produce, for so much thereof for which such receipts shall respectively be given. Provided always, Daughters and my will is, that my said three daughters, and their respective husbands shall, (in case my executor requires it) give him, within two calendar months next after my decease, a further and sufficient release and discharge from all their respective further claims and demands whatsoever, out of my said estate, by virtue of the said custom of the said city of London, or otherwise; and in case of their neglect or refusal so to do, then all and every of the gifts, devises, annuities, legacies and appointments by this my will made or given, to or for the benefit of them, or such of them so neg. lecting or refusing, shall cease and be void, for the benefit to release all claims by virtue of the cus, tom of London: No. 16. of my executor, his executors and administrators. If the E. I. stock should be paid off, the money And in case the said East India stock, or any part thereof, shall be redeemed or paid off, then my will is, that my said trustees, their executors or administrators, shall and do lay out the monies to be received for and in lieu of the stock so reout in other deemed or paid off, in such stocks, funds, or other public or upon the private securities, as my said three daughters shall respeclike trusts. tively agree to; and that the monies so received and laid to be laid securities out, shall be subject to the same trusts, and for the same, or the like intents and purposes as are hereinbefore declared, of and concerning the respective shares of my said daughters, of and in the said. East India stock. I do hereby direct and appoint, that my executors do with all convenient speed after my decease, out of my personal estate, lay out so much as will be sufficient to purchase as much stock in any one of the public funds, or parliamentary stocks of Great Britain, as will produce the annual sum of ―l. and do and shall be possessed of and interested in such last-mentioned stocks, funds, and securities, in trust for the churchwardens and overseers for the time being, of the said town of for the placing out one or more poor boy or poor boys, born or to be born in the said town and parish of aforesaid, as far as the said yearly sum of 7. will extend, to be an apprentice or apprentices to some handicraft trade, or a mariner or mariners, and that the children of such persons of the said town and parish, who have been very industrious in their callings or way of living, for the support and maintenance of their families, and have not been in the Provision poor's rate, shall have the preference to all others. Proforkeeping vided nevertheless, that in case the monument erected in testator's the parish church of aforesaid, by my brothers and myself, to perpetuate (as much as in us lay) the memory of our dear parents, shall at any time want repairing, or the gilt letters upon the same shall be defaced, and become not legible, then and so often as the same shall happen, it is my will, that so much money be from time to time taken out of the said yearly sum of 7. as shall be sufficient to repair the said monument, and make the said gilt letters thereon legible, and from time to time to maintain and preserve the same in such condition; and in such years wherein such re the tomb of parents in repair. pairs shall be made, only the overplus of the said yearly sum No. 16. (above what shall be sufficient for such repairs,) shall be employed towards placing out such poor boy, or poor boys, in manner aforesaid. And whereas my brother Distribu tion of money left by his brother, according to a power given to the testator purpose, late of -, merchant, deceased, did (among other things,) by his will give to me the sum ofl., to be by me given away, distributed, divided and disposed of amongst such of my children, or other relations, in such sort and manner, and in such shares, and at such times, as I should for that think fit; now my will is, and I do hereby direct that the among his said sum of 7. shall be distributed, divided and disposed of by my executor hereinafter named, within six months after my decease, to and amongst such of my children, and in such proportions and manner, as hereinafter mentioned and expressed, (that is to say) to my said daughter the sum ofl. (part thereof); to my said daughter In witness, &c. (the testator's)child ren. No. 17. Recites part of a Will of a married Woman, by virtue of a Power. THIS is the last will and testament of me A. B., wife of settlement C. D., of, &c. Esq. Whereas, in and by a certain indenture the power. of three parts, bearing date on or about the creating day of and made or mentioned to be made between the said C. D., of the first part, me the said A. B., by my then name of of the second part, and E. F., of, &c. merchant, and G. H., of, &c. of the third part, and made previous to, and in contemplation of my marriage with the said C. D., my now husband, divers leasehold messuages, &c. Bank stock, and East-India bonds of me the said A. B., were thereby assigned and transferred unto the said E. F., and G. H., their executors, administrators and assigns, in manner therein expressed, in trust nevertheless for the sole and separate use and benefit of me, the said A. B., and with full and absolute power for me, from time to time, notwithstanding my coverture, and whether I should be sole or married, by any writing or writings, under my hand and seal, attested by two or more credible witnesses, or by my last will and testament in writing, or any writing or writings purporting to be my last will and testament. to be by me signed, sealed, and published and declared in the presence of the like number of witnesses, to dispose of the said leasehold messuages, &c. Bank stock, and East-India bonds, or any part thereof, to such person or persons, and in such proportions and manner as I should think fit, as in and by the said indenture, relation being thereunto had, will more fully appear. Now in testimony of the sincere love and affection which I have, and of her hus- justly bear, towards the said C. D., my dear husband, and by virtue of the power and powers, authority and authorities, to me reserved, and given in and by the said in part recited indenture, and of all other power and powers, authority Executes the power in favour band. and authorities, anywise enabling me thereunto, I, the said No. 17. A. B. do by this my last will and testament, or writing, purporting to be my last will and testament, to be duly signed, sealed, published and declared in the presence of the persons whose names are hereunder written as witnesses thereto, give, devise, bequeath, direct, limit and appoint all and every the said leasehold messuages or tenements, Bank stock, East India bonds, and all other my messuages, &c. stocks, bonds, goods, chattels, monies, and estate whatsoever and wheresoever, and of what nature or kind soever, whereunto I am intitled at law or in equity, or whereof I have any power to dispose, and all my estate and interest therein, unto my said husband, the said C. D., his heirs, executors, administrators and assigns respectively, to and for his and their own use and benefit absolutely; and I do hereby direct my said trustees, in the said recited indenture mentioned, to convey, assign and transfer over the same, and every part thereof to him and them accordingly; yet nevertheless my mind and will is, and I do hereby desire and request my said husband to give (out of what I have hereinbefore be queathed to him,) unto his daughter by his former wife, (in case he shall think fit, and in his judgment she shall prove deserving of the same) the sum ofl. of lawful money of Great Britain, to be paid to her at such time or times, and in such manner or proportions, and under such restrictions in all respects, as he shall direct, and think may be most for her benefit. And I do hereby constitute and appoint my said husband, C. D., sole executor of this my last will and testament; and I earnestly desire of him that I may be buried where he himself intends to be buried, and that he would give proper directions in his will for that purpose, in case he should survive me; and, lastly, I do hereby revoke, &c. In witness, &c. Signed, &c. , |