Proviso for guardians,) to raise by and out of the said principal and her exe .cutors of this my last will and testament. Provided, their indemnity. and my will is, that if the said, &c. or any of them, or any of their heirs, executors, administrators, or asChange of ce signs, or any trustees or trustee to be appointed in the stead or place of any of them, as hereinafter is mentioned, shall die, or be desirous of being discharged from, or refuse, or decline to act, or become incapable of acting in the trusts of this my will, before the same respectively shall have been fully executed, performed, or discharged, then, and in such case, and so often as the same shall happen, it shall and may be lawful to and for the person or persons who for the time being shall be entitled to the dividends or interest of the residue of my personal estate, if such person or persons shall be of full age, and if not, then for the guardians or guardian, of such person or persons, by any writing or writings under their, his, or her hands and seals, or hand and seal, to nominate, substitute, and appoint any other person or persons to be a trustee or trustees, in the stead or place of him or them so dying, or desiring to be discharged, or refusing, or declining to act, or becoming incapable of acting as aforesaid: and that when and so often as any new trustee or trustees shall be nominated or appointed as aforesaid, all the trustestates, and premises which shall then be vested in the trustee or trustees so dying, or desiring to be discharged, or refusing, declining, or becoming incapable of acting as aforesaid, either solely or jointly with the other trustee or trustees, shall be thereupon with all convenient speed conveyed, 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 estates, and premises respectively, and such new or other trustee or trustees, or if there shall be no continuing trustee or trustees of the same trust estates, and premises, then in such new trustee only upon the same trusts as are hereinbefore declared or expressed, of or concerning the same trust estates, and premises respectively, the trustee or trustees whereof shall so die, or be desirous of being discharged, or refuse, decline, or be incapable of acting as aforesaid, or such of them as shall be then subsisting or capable of taking effect And my further will is, that all and every such new trustee or trustees shall or may in all things act and assist in the management, carrying on, and executing of the trusts to which he or they shall be so appointed, in conjunction with the other then surviving or continuing trustees or trustee of the same trust estates, and premises, if there shall be any such continuing trustees or trustee, and if not, then by himself or themselves respectively, as fully and effectually, and with all the same power and powers, authority and authorities, of consent, approbation, discretion, selling, conveying, calling in, laying out and investing, giving and signing receipts, indemnifications, and discharges, to purchasers and others, and all other powers and authorities whatsoever, as if he or they had been originally in and by this my will nominated a trustee, or the trustees for the purposes for which such new trustee or trustees respectively shall be appointed trustee or trustees, or as the trustee or trustees named in this my will, his M M or their heirs, executors, administrators, or assigns, in or to whose place such new trustee or trustees shall respectively come or succeed, are or is enabled to do, or could or might have done, under and by virtue of this my will, if then living and continuing to act in the trusts hereby reposed in him or them, any thing hereinbefore contained to the contrary thereof in any wise notwithstanding And my will further is, that the several trustees Kereby appointed or to be appointed in pursuance of this my will, or any of the heirs, executors, administrators, or assigns, of them or any of them, shall not be charged or chargeable with any more of the said trust monies, and premises, that they respectively shall actually receive, and that one of them shall not be answerable or accountable for the others or other of them, or for the acts, receipts, neglects, or defaults of the others or other of them, but each one for his own acts, receipts, neglects, or defaults only; nor shall they, neither or any of them, be answerable or accountable for any banker, broker, or other person, with whom any of the said trust monies may be deposited for safe custody or otherwise, in the execution of the said trusts, nor for the insufficiency or deficiency of any stocks, funds, or securities, in or upon which any of the said trust monies may be invested, in pursuance of and in conformity to this my will, or for any other misfortune, loss, or damage, which may happen in the execution of the aforesaid trusts, or otherwise in relation thereto, unless the same shall happen by or through their own wilful defaults respectively. And also that they the said several trustees so appointed, or to be appointed, shall and may, by and out of the monies which shall come to their respective hands, by virtue of the trusts aforesaid, retain to and re-imburse himself and themselves, and allow to his and their cotrustee and co-trustees all costs, charges, and expences which they or any of them may respectively sustain or expend, or be put unto, in or about the execution of the trusts aforesaid, or in any mat ter relating thereto. And lastly, I do hereby revoke all former wills by me at any time heretofore made, and declare this only to be my last will and tes tament. A Will disposing principally of real Property in Shares, among Children and Grandchildren. THIS is the last will and testament of me J. C. of N. in the parish of S. in the county of Middlesex. I give and devise unto J. F. and W. A. and J. C. all my freehold messuages, lands, tenements, and hereditaments whatsoever, to hold unto them the said J. F. W. A. and J. C. and their heirs, to the uses upon the trusts, and for the intents and purposes, and under and subject to the powers, provisos, limitations, and declarations hereinafter expressed, limited, and declared, of and concerning the same, that is to say, as to, for and concerning all that my freehold messuage or tenement in which I now reside, with the chaise-house, wood-house, stable, and garden thereunto belonging, and also all that my freehold messuage or tenement, being No. 5, in N. street aforesaid, with the garden behind the same, now in the tenure of -, and also all that my freehold messuage or tenement, being No. 4, in N. street aforesaid, with the garden thereunto belonging, now in the tenure of Mr. H. together with all the fixtures and appurtenances to the said messuage or tenement and premises, or any of them, belonging, to the use of the said trustees, their heirs, and assigns, during the natural life of my wife Sarah, upon trust from time to time, during the conitnuance of that estate, to cause the same premises to be kept in good substantial repair, and to Limitation creating a tenancy in common, in remainders. be kept insured from loss or damage by fire, to the full value thereof, or as near thereto as may be, so as that in case any such loss or damage shall happen, the money to be received upon or by means of such insurance, may be laid out in reinstating the same, and to retain or apply so much of the yearly rents, issues, and profits of the same premises as shall be necessary for the respective purposes aforesaid; and subject and without prejudice to the trusst hereinbefore declared upon trust to pay unto or empower my said wife to receive the rents, issues, and profits of the same premises, or so much thereof as shall remain unapplied for the purpose aforesaid, to and for her own use and benefit; and from and tail, with cross immediately after the decease of my said wife, to the use of my four children, William, Henry, James, and Elizabeth, as tenants in common, and the several heirs of their respective bodies, and in case there shall be a failure of issue of any of such children, then as to the share cr shares of him, her, or them, whose issue shall so fail, to the use of the others of them, as tenants in common, and the several heirs of their respective bodies, and in case there shall be a failure of issue of the bodies of all such children but one, then to the use of such one child, and the heirs of his or her body, and in default of such issue, to the use of my own right heirs for ever. And as to for and concerning all those my three freehold messuages or tenements, numbered 1, 2, 3, situate in N. street aforesaid, and now in the several occupations of with the gardens and appurtenances thereunto respectively belonging, to the use of the said trustees, their heirs, and assigns, during the natural life of my said son William, upon trust, to support and preserve the contingent remainders hereinafter limited, from being defeated or destroyed, and upon further trust from time to time, during the continuance of that estate to cause the said premises to be kept in good and substantial repair, and to be kept insured from loss or damage by fire, to the full value thereof, or as |