whatsoever, which I hold by virtue of, or under any grant, No. 25. lease, or demise, from the Crown, or any college in either of the Universities, or from any bishop, dean and chapter, or other person, body politic or corporate, ecclesiastical or civil, for any term of life or lives, or years determinable on deaths, or usually renewable at certain times and periods respectively, and also all my leasehold messuages, lands, and tenements, which I hold for any term or number of years (in case any such there be) unto the said —and

their heirs, executors, administrators and assigns respectively, according to the nature and quality of the same respectively, for and during all my estate and interest therein, upon trust that my said trustees, and the survivor of them, his heirs, executors, and administrators, shall and do settle and assure the same, so and in such manner as that the clear residue of the rents, issues, and profits of the same copyhold and leasehold premises respectively, may be received, taken, and enjoyed by and for the use and benefit of such person or persons as for the time being shall, by virtue of this my will, and the settlement to be made according to the directions hereinbefore contained, be entitled to any

dem. Tofield v. Tofield, 11 East, 266. And for the doctrine of relation the reader is referred to the 8th section of chapter 2 of this treatise. The reader will observe, that in this case there was an original defect of estate and not of a surrender, so that this was not a case for equity to supply a surrender, which it would have done if the testator had had the legal estate, and had only omitted the surrender to the use of his will, as the wife was the devisee. But in another view of the equity of the case, it should seem there was a good ground of relief; since the first surrender was for valuable consideration, and gave the surrenderee an equitable interest, and it has always been the rule of equity, that where the party has the beneficial interest only in copyhold lands, he may devise them, and they will pass by his will as well as any other lands, without a surrender. See Tuffnell v. Page, 2 Atk. 37. King v. King, 3 P. Wms. 360. Macey v. Shurmer, 1 Atk. 390. Allen v. Poulton, 1 Vez. 121. Macnamara v. Jones, 1 Bro. C. C. 481. Daire v. Beversham, 4 Ch. Rep. 76.

No. 25. estate of freehold and inheritance, of and in my said manors, hereditaments, and premises in the said counties of

and

and until some persons entitled to an estate of inheritance shall, by good assurances in the law, become seised of the said manor, hereditaments, and premises in fee simple, in possession; and immediately upon or after that event, the trustees in the said settlement of the said copy. hold and leasehold premises, shall be thereby directed and required to surrender, assign, and assure the said copyhold and leasehold lands, tenements, and premises, with their and every of their appurtenances, and all estates, terms, and interests of my said trustees, of, and in the same, unto such person or persons so seised of, or entitled to the inheritance of the said manors, messuages, lands, and hereditaments aforesaid, by such deeds, writings, instruments, surrenders and assurances, as by such person respectively, or by his counsel learned in the law, shall be reasonably advised or required and also upon trust that my said trustees, and the survivor of them, his heirs, executors, or administrators, in the mean time, and until such settlement shall be made, do and shall by and out of the rents and profits of the said leasehold premises, pay the rents and perform the covenants reserved by the original and subsisting leases, and also by and out of my personal estate renew the leases of the same premises, and take new leases thereof respectively, in their own names, when and as it shall be usual and requisite, and also from time to time make such proper surrenders of the leases subsisting, as shall be requisite, and necessary or incident to such renewals, and also do and shall, by and out of my said personal estate, or the rents and profits aforesaid, pay and discharge the fines and fees of admissions to, and surrenders of, my said copyhold lands.

No. 26.

Devise of the residue of Testator's personal estate, in trust, to sell, call in, dispose of, and convert into money, such part as shall not consist of stock, or real securities, and invest it in securities, and thereout make a marriage provision for a collateral relation.

AND as to all the rest, residue, and remainder of my personal estate, money in the public funds, and money out at interest, and securities for money, arrears of rent, goods, chattels and effects, of what nature or kind soever, not herein specifically bequeathed, I hereby give and bequeath the same, and every part thereof, unto the said

— and

—and

their executors, administrators and assigns, upon trust, that they, the said and the survivor of them, and the executors or administrators of such survivor, shall and do, as soon as conveniently may be after my decease, receive, collect, call in, dispose of, and absolutely convert into ready money, so much and such part of the said residue of my personal estate to them bequeathed, as shall not, at the time of my decease, consist of stock in the public funds, or of government or real securities; and shall and do lay out and invest all such sum and sums of money, as shall arise by converting into ready money all such part of the said residue of my personal estate as aforesaid, either in the public funds, or on real or government securities, at interest, and shall and do stand and be possessed thereof, and also of all such part of the residue of my per sonal estate as shall at the time of my decease, consist of stock in the public funds, or of government or real securities respectively, and of the interest, dividends and annual produce thereof, upon the trusts, and subject to the directions and declarations hereinafter contained (that is to say,)

No. 26. upon trust, that my said trustees, or the survivor of them, and the executors, administrators or assigns of such survivor, shall and do, by and out of the same residue, raise —7. of lawful money of Great Britain, and pay the same to the said or to such person or persons as she shall, by any deed or writing, executed by her, in the presence of two or more credible witnesses, direct or appoint, immediately upon, or in certain prospect of her marriage, as and for her pecuniary fortune or marriage portion, and for which her receipt alone, notwithstanding her coverture, or that of her legal assignee, shall be an effectual discharge, so as an adequate and proper jointure and provision for her and her issue be settled and secured in consideration thereof. Provided that in case my said niece shall die without having been married, then the said sum of 7. shall not be raised and paid at all, but shall sink into, and become a part of, the residue of my personal estate, for the benefit of the person or persons who shall become entitled thereto under this my will.

No. 27.

Bequest of Jewels, &c.

I ALSO give to my said wife the use of all my jewels and pearls, usually worn by herself, during her widowhood; and upon the marriage or decease of my said wife, which shall first happen, I give the same jewels and pearls to the said E. A., and G. C., their executors, administrators, and assigns, upon trust, that they permit and suffer them to be used and enjoyed by the person or persons, who, from time to time, shall, by virtue of the limitations to be contained in the settlement so to be made as aforesaid, be for the time being entitled to the immediate freehold of the estates to be therein comprised, but so as that the same

Power for

the tenants

for life as they come into possession to appoint the use of the jewels to their wi

dows respectively

lives.

shall not vest in any child or children of any person or No. 27. persons to be therein made a tenant or tenants for life, who, being a son or sons, shall not attain the age of 21 years, or being a daughter or daughters, shall not attain that age, or marry. Provided always, and I do hereby declare my will and mind to be, that it shall and may be lawful to and for my said son W., and after his decease, my son T., and my grandson L., when and as by virtue of any of the limitations to be contained in the settlement or settlements so to be made as aforesaid, they shall respectively be entitled to the immediate freehold of the hereditaments, in such settlement or settlements to be comprised, by any deed or deeds, for their instrument or instruments, to be by them respectively sealed and delivered, in the presence of, and attested by, two or more credible witnesses, or by their respective last wills and testaments, or any codicil or codicils thereto, to be by them respectively signed and published in the presence of, and attested by, the like number of witnesses, to direct or appoint, that any woman or women, whom they may respectively marry, shall have the use of all or any part of the said jewels or pearls, during her or their widowhood, or respective widowhoods; and my said trustees shall permit and suffer the same to be used and enjoyed by her or them accordingly. Provided always, and I do hereby direct the Power for said E. A., and G. C., and the survivor of them, and the ex- to have ecutors, administrators and assigns of such survivor, at the them reset. request of the person or persons, who, for the time being, shall be entitled to the use of the aforesaid jewels and pearls, by virtue of this my will, to have them, or any of them reset, so that their value shall not thereby be lessened, the expence of such resetting to be paid out of the fund hereinbefore directed to be established, or to exchange the same, or any of them, for others of equal or greater value (except with respect to my family pearl necklace, the ruby ring set with diamonds, the emerald ring set with diamonds, and the sapphire ring, with the figure of engraved upon it,

which I desire may be preserved in their present state). Provided, and I do hereby declare my will to be, that it shall and may be lawful to and for the said L. C. H., to have the VOL. II.

2 H

the trustees