AND LEASE HOLDS AND OF RESIDUE. and out of to pay annuity and raise a given sum. Subject BEQUEST OF trust-monies, stocks, funds and securities, the annual sum of LEGACIES £100 to G. H., of &c., during his life by half-yearly payments, namely, on the 24th day of June and the 25th day of December DI P SITION in every year, the first of the said payments to be made on the first of the said days appointed for payment thereof trust monies which shall happen next after my decease; AND SUBJECT thereto, upon trust to raise out of the said trust-monies, stocks, funds and securities, the sum of £1000 for each of my sons who shall survive me and attain the age of twenty-one years, and a like sum of £1000 for each of my daughters who shall survive me and attain that age or marry, the legacies so respectively directed to be raised for my sons, to be paid as, if and when they shall attain the age of twenty-one years, or at my decease, whichever shall first happen, and the legacies so respectively directed to be raised for my daughters to be paid to them as, if and when they shall attain the age of twenty-one years or marry, or at my decease, whichever shall first happen; AND SUBJECT thereto, upon trust to pay the annual income of the said trust-monies, stocks, funds widowhood, and securities to my said wife during her widowhood, yet so taining infant that therewith and thereout she shall maintain and educate my infant sons and infant unmarried daughters respectively, during their respective minorities, but for which her receipts alone shall be a sufficient discharge, and from and after the decease tioned trusts, or second marriage of my said wife, whichever shall first happen, to go amongst the said residuary trust-monies, stocks, funds and securities, and testator. the annual income thereof shall (subject as aforesaid) go, remain and be in trust [trusts for children of testator, supra, p. 618]; In default of AND IF THERE SHALL BE no such child, then in trust to pay the annual income of the same residuary trust-monies, stocks, funds and securities to my brother and his assigns, for his life, and from and after his decease the same residuary trust-monies, stocks, funds and securities, and the annual income thereof respectively, shall (subject nevertheless as aforesaid) go, remain, and be IN TRUST for the children of my said brother, who shall dren equally. be living at his decease, in equal shares absolutely [Powers of thereto, upon trust for wite during she main children. Subject to before men trust monies children of children, for testator's brother for life. Remainder for his chil maintenance, advancement, and accumulation for children of testator, supra, pp. 618, 619; Appointment of executors and guardians; Receipts of trustees, p. 620; Power of changing 3 LEGACIES AND I EASE OF RESIDUF. trustees, and provision for their indemnity, supra, pp. 621, 622]: BEQUEST OF Trustee, who to be entitled fessional No. CX. INFANT SON, AND BE QUEST OF WIFF, CHIL- WILL of REAL and PERSONAL ESTATE; DEVISE of DEVISE IN REMOTER ISSUE. lands to son one. I, A. B., &c. GIVE AND DEVISE my mansion house or dwelling Devise of being INFANT SON, QUEST OF DEVISE IN in the tenure or occupation of his under-tenants or FAVOUR OF assigns, unto C. D., of &c., and E. F., of &c., their heirs and assigns, To the use of my son F. G., his heirs and assigns, if and when he shall attain the age of twenty-one years, but if he RESIDUE IN shall die under the age of twenty-one years, or in my lifetime, TRUST FOR then I direct that the same hereditaments and premises DREN AND respectively shall form part of my residuary real estate hereinREMOTER after devised and bequeathed: AND I HEREBY EMPOWER my WIFF, CHIL ISSUE. In case of decease of son during property to fall into residue. Power to trustees to apply rents trustees or trustee for the time being, during the minority of my said son F. G., from time to time to receive the rents, issues minority, the and profits of the hereditaments so devised to him as aforesaid, and to apply the same, or such portion thereof as they or he shall think fit, for his maintenance and education, and to invest the surplus (if any) of the said rents, issues and profits in the and profits of parliamentary stocks or public funds of Great Britan, or upon minority of government or real securities in England or Wales (but not in Ireland), and to vary the securities for the time being, for any others of the same or a like nature, as they or he my trustees or trustee shall think fit, with power to resort to the accumulations of any preceding year or years in any succeeding year or years, and apply the same for the maintenance and education of estate during son for his benefit. Devise and bequest of residue of real and per upon trust my said son: AND I DECLARE that all such accumulations as aforesaid, or so much thereof as shall not be applied as aforesaid, shall be paid and transferred to my said son, as and when he shall attain the age of twenty-one years, but if he shall die under that age, then the same shall sink into and form part of my residuary personal estate: AND AS TO ALL THE REST AND RESIDUE, &c. [Devise and bequest of real and personal sonal estate, estate, upon trust for sale and conversion into money, and for for sale and investment and varying securities, and to pay income to wife for and for in- life, supra, pp. 617, 618]: AND FROM AND AFTER her decease, the and varying said trust-monies, stocks, funds and securities, and the annual income thereof, shall go, remain, and be in trust for all and wife for life. every or such one or more exclusively of the other or others of After death my children or child, or remoter issue, at such age, day or time, or ages, days or times, for such estate or interest, or estates and interests, and generally in such manner as my said wife by any deed or deeds shall direct or appoint, and in default of, and until such direction or appointment, and so far as any such conversion, vestment seenrities, and to pay income to of wife, trust monies to go amongst children as wife shall appoint. INFANT SON, AND BE WIFE, CHIL ISSUE. In default of amongst direction or appointment shall not extend, IN TRUST for all and DEVISE in every of my present and future children and child, and the FAVOUR OF issue of any child of mine who shall die in my lifetime, who AND DEVISE being a male or males shall attain the age of twenty-one years, QUEST OF or being a female or females shall attain that age, or marry residue in under that age, and to be divided between them if more than TRUST FOR one in equal shares; YET so that the issue of any child of mine DREN AND dying in my lifetime as aforesaid, shall only be entitled (and if REMOTER more than one in equal shares) to the share or shares to which their deceased parent might have become entitled if he had appointment survived me: PROVIDED ALWAYS, and I do hereby declare, that children no child or remoter issue taking any part of the said trustmonies, stocks, funds or securities under any such appointment dren dying as aforesaid, shall be entitled to any part of the unappointed testator, to part of the said trust premises without bringing his or her share. appointed part or share into hotchpot, and accounting for the Hotchpot same accordingly, unless my said wife shall by writing under her hand direct and declare to the contrary. [Powers of maintenance, advancement and accumulation; Appointment of executors; Power to trustees to give receipts; Power to appoint new trustees and indemnity to them, supra, pp. 618, et seq.] IN WITNESS, &c. equally. in lifetime of take parents' clause. No. CXI. BEQUEST IN OF TESTA TOR'S WILL of REAL and PERSONAL ESTATE; Trusts for DEVISE AND SALE and CONVERSION and INVESTMENT of PROCEEDS; Income for WIFE for Life, Remainder WIFE AND for CHILDREN equally; Shares of DAUGHTERS for themselves for Life; After their Deaths as they may DAUGHTERS respectively appoint; Remainder for the CHILDREN AND THEIR of DAUGHTERS equally; In default of CHILDREN, STRICT SETas each DAUGHTER may appoint; Subject to appoint ISSUE IN TLEMENT. DEVISE AND OF TESTA- TIEMINT. Trusts for children equally. ment for other CHILDREN, equally; HOTCHPOT clause; Power to each DAUGHTER to appoint Life interest to her HUSBAND; Powers of Maintenance and Advancement as to Shares of CHILDREN and GRANDCHILDREN; Accruing Shares to be subject to TRUSTS of original Share; Power to each DAUGHTER to revoke TRUSTS declared of her Share. I, A. B., of &c. [Devise and bequest of real and personal estate to trustees, upon trust for sale and conversion, and for the investment of the proceeds, with power to vary the securities from time to time, and for payment of income to wife for life, supra, pp. 617, 618]: AND FROM AND AFTER the decease of my said wife, the said trust-monies, stocks, funds and securities, and the annual income thereof, shall go, remain, and be in trust for my children, who being a son or sons shall attain the age of twenty-one years, or being a daughter or daughters shall attain that age or marry, to be divided between them in equal shares, YET SO THAT the share of each daughter shall be held by my trustees or trustee upon trust to pay the annual income thereof to each such daughter for her separate use, independently and free from the control and engagements of her husband, without power of anticipation, and for which her receipt alone shall be a sufficient discharge; AND AFTER the death of each such daughter, upon and for such trusts, intents and purposes, for the benefit of all and every, or any one or more, exclusively of the others or other of the children or remoter issue of each such daughter, as she by deed or deeds, with or without power of revocation and new appointment, or by her will, or any codicil or codicils thereto, remainder for shall appoint, and in default of such appointment, in trust for of daughters the children of each such daughter, who, being a son or sons shall attain the age of twenty-one years, or being a daughter or daughters, shall attain that age or marry, and if more than one In default of in equal shares; BUT IN CASE THERE SHALL BE NO SUCH cach daugh- CHILD, then upon and for such trusts, intents and purposes, appoint; and generally in such manner as such daughter shall by deed, with or without power of revocation and new appointment, or by her will, or any codicil or codicils thereto, appoint, and in default of such appointment, and subject thereto, then in trust for Shares of daughters for them selves for life; after their deaths as they may respectively appoint; the children equally. children as ter may subject to appointment |