sents, then to pay or transfer the same, and the accumulations thereof, to the said L. B., or (he being dead) to his issue then living, such issue, if more than one, to take in equal shares, per stirpes; but if the said L. B., or any issue of the said L. B., shall not claim within such fifteen years, or if, before the expiration thereof, it shall be ascertained that the said L. B. is dead, and that no issue of the said L. B. is then living, then, immediately upon the expiration of the said fifteen years, or upon the death of the said L. B., the failure of his issue being so ascertained, whichever shall first happen, the said trustees or trustee shall hold the said last-mentioned sixth part of the said net purchasemonies, and the accumulations thereof, upon the trusts herein before declared of the first-mentioned three sixth parts; AND AS TO the remaining two sixths, to di- sixth parts of the said net purchase-monies, UPON TRUST to pay the same equally among such of the persons hereinafter named, viz. M. H., O. H., and P. H., the children of R. H., deceased, who was a daughter of the said A. B., as shall be living at the death of the survivor of the said A. B. and G. B., and shall attain the age of twenty-one years, or shall be then dead leaving issue then living, the share or shares of such of them as shall be then dead leaving issue then living to be paid to his, her, or their respective executors or administrators, as part of his, her, or their respective personal estate. AND IT IS HEREBY DECLARED, that it shall be lawful for the said A. B. during his life, -as to re maining two vide amongst the settlor's grandchild ren. Power to lease for twenty-one years. and after his death for the said G. B. during her life, and after the death of the said G. B. for the said trustees or trustee, at any time or times before all the said premises shall have been sold, to appoint by way of demise, or to demise, all or any of the same premises for any term of years absolute, not exceeding twenty-one years, to take effect in possession, so as there be reserved thereon the best yearly rent or rents, to be incident to the immediate reversion, that can be reasonably gotten, without taking anything in the nature of a fine, premium, or foregift, and so as there be contained in every such appointment or demise a condition of re-entry for non-payment within a reasonable time, to be therein specified, of the rent or rents thereby reserved, and so as the appointee or appointees, lessee or lessees, do execute a counterpart thereof, and be not made dispunishable for waste. AND Power to IT IS HEREBY DECLARED, that the said trustees accumulate, or trustee may invest the presumptive or expectant share of every or any person for the time being entitled presumptively or in expectancy under the trusts aforesaid in any of the public stocks or funds of Great Britain, and may vary such investments as and when they or he shall think fit, and may accumulate the income or any part of the income thereof, in the way of compound interest, by similarly investing the same and the resulting income thereof; AND MAY, at and to apply their or his absolute discretion, pay or apply the income for whole or any part of the principal or income, or education, or trustees to principal or maintenance, benefit. Declaration of trust of rents and profits till a sale. accumulations of income, of any such presumptive or expectant share, for or towards the maintenance, education, or benefit of the person for the time being entitled thereto presumptively or in expectancy, as aforesaid. AND IT IS HEREBY DECLARED, that, until all the said premises shall be sold, the said trustees or trustee shall pay and apply the net income thereof, or of the unsold part thereof, (after payment thereout of all taxes, rates, expenses of repairs and insurance, and other outgoings), to the person or persons, for the purposes and in the manner, to whom, and for and in which, the net monies produced by the sale thereof, or the stocks or funds in or upon which any share or shares thereof are hereinbefore directed or authorised to be invested, or the income thereof, would have been payable or applicable, if such premises Witnesseth. had been sold and such investments made. AND THIS INDENTUre also witnESSETH, that, in consideration of the natural love and affection of the said A. B. for his said wife, and for his daughters hereinafter named, he the said A. B. doth hereby assign unto the said C. D. and E. F., their executors, administrators, and assigns, ALL AND SINGULAR his pictures, prints, books, plate, plated goods, linen, china, household goods, furniture, chattels, and effects, (other than money or securities for money), TO HOLD the same unto the said C. D. and E. F., their executors, administrators, and assigns, UPON TRUST to permit the said A. B. during his life, and after his death the said G. B. Assignment of chattels to the trustees. Habendum upon certain trusts. AND IT IS Trustees' during her life, to use the same; and after the receipt clause. vocation. AND IT IS HEREBY DE- Power of reCLARED, that it shall be lawful for the said A. B., at any time or times, by deed, or will, or codicil, absolutely to revoke, determine, and make void all or any of the uses, trusts, and estates hereinbefore expressed to be limited and declared, and, by the same or any other deed, or by will or codicil, to limit and declare such other uses, trusts, and estates, of or concerning the said hereditaments and premises herein before expressed to be granted, as he shall think fit. IN WITNESS &c. THE SCHEDULE to which the above-written INDENTURE refers. Wills. XLI. Gift to wife of household goods and furniture, and of a pecuniary legacy. General de vise of real estate, WILL of REAL and PERSONAL ESTATE, for the Benefit of the Testator's WIFE and CHILDREN. and testament. my last will I, A. B., of &c., DECLARE this to be In trust for ing to the nature and tenure thereof, UPON TRUST that the said E. F., G. H., and I. K., or the sur sale. |