་ No. 10. vidends or interest thereof unto M. T. the wife of C. T. of - in the said county of, half yearly, as the same shall become due during her natural life, the same to be paid into her hands or to such person or persons as she shall by writing under her hand appoint to receive the same, notwithstanding her coverture, exclusively of her present or any future husband, and who is not to intermeddle therewith, nor is the same to be subject to his controul, debts, or engagements, and her receipts, or the receipts of such person or persons as she shall so appoint to receive the same only to be effectual discharges for the same; and after her decease do and shall transfer the principal of such last mentioned stock unto and equally between and among all and every the child and children of the said M. T. and C. T. who shall be living at her decease, and the lawful issue of such of the said children as shall then be dead in equal shares and proportions, but so and in such manner as that the issue of any of the said children who shall die in the lifetime of the said M. T. and C. T. shall only receive (in equal proportions if more than one) the share to which their, his or her deceased parent would, if living, have been entitled. And I will and direct that my said trustees or the trustees or trustee of this my will for the time being do and shall out of the said trust monies and effects also raise and pay for and to — the second son of the the eldest son and daughters of the said — the elder the sum of 500l. a piece of like the legacies hereinbefore given or directed to be raised No. 10. and paid to and for the said A. B. H. R. and T. if any one or more of such children respectively shall happen to die before he she or they shall have acquired a vested interest or vested interests under this will, the legacy or share of the person or persons so dying, shall go and survive to his, her, or their surviving brothers and sisters, and the issue of such of the said children as shall have lived to acquire vested interests, and that all and every the accruing share and shares shall respectively again be subject to the same condition and contingency of survivorship and accruer, as is hereinbefore declared touching the original legacies or shares. of , and and 10,000l. to his niece, to be laid out in the funds, and disposed of as she shall direct. The sum of 5000l. to his nephew and I give and bequeath to my dear niece (the daughter of The sum of his wife,) who has for many years resided with me, the sum of 10,000%. of lawful money of Great Britain, which sum I desire may be laid out by my said trustees, or trustee, for the time being, in some or one of the public funds, or parliamentary stocks of Great Britain, in the joint names of her the said, and my said trustees, or trustee, for the time being, to be disposed of as she shall, by writing under her hand, direct; I also give to my said dear niece,, all my household goods and furniture, plate, china, glass and linen, to and for her own absolute use and benefit; and I give to her brother, my nephew, the said (son of the said his wife,) the sum of 50001. of lawful money of Great Britain, for his own absolute use and benefit; I also give to him, the said all my books, printed or written, and all my maps, accounts and papers whatsoever. I desire that such of the legacies hereinbefore given, as shall not have be- Legacies, come vested interests under this my will, may be laid out in some or one of the public funds, or parliamentary stocks of Great Britain, to accumulate for the benefit of those who respectively shall be presumptively entitled thereto, with full power, however, for my said trustees, or trustee, for the time being, to pay or apply the dividends and interest thereof respectively, or so much thereof as they, in their or his discretion may think proper or requisite, for or towards the main his books, maps, &c. not become vested, to be laid out funds, to in the accumu late, with power for the trus tees to ap ply the same, or so much as they shall think pro tenance or education of the person or persons so respectively presumptively entitled, and in such manner as my said trus- wards the per, to No. 10. tees shall think most fit for their respective benefit and advan mainte nance of ren presumptively entitled. Residue to Clause for changing trustces, &c. tage. And I direct that my said trustees shall stand pos sessed of the net surplus, or remainder of the whole of the the child- said residue of my estate, effects, and property in trust for, and for the only absolute use and benefit of my nephew, the younger, his executors and administrators, and his nephew to be paid, transferred, and disposed of, as he or they shall from time to time direct; and my will is, that all the legacies and bequests hereby given, shall be paid and appropriated by my said trustees for the time being, as soon as conveniently may be after my decease. And I further declare it to be my will, and I do hereby direct, that in case the said ———, or any or either of them, or any succeeding or future trustee, or trustees shall die, or be desirous of being discharged from, or become incapable of acting in the same trusts before the same shall be fully executed and performed, that then, and in every such case, it shall and may be lawful to and for the surviving or continuing trustees or trustee of this my will, for the time being, or the executors or administrators of such survivor, by any writing, under his or their hand and seal, or hands and seals, and to be attested by two or more credible, witnesses, to nominate or appoint any other fit and respectable person or persons to be a trustee, or trustees, for the purposes aforesaid, or such of them as shall be then subsisting, or capable of taking effect, in the place or stead of the trustee, or trustees, so dying, or desiring to be discharged, or becoming incapable of acting in the said trusts, and that when and so often as any such new trustee or trustees shall be nominated and appointed as aforesaid, the surviving, or continuing trustees or trustee for the time being, or the executors or administrators of such survivor shall assign and transfer my said trust estate and property, so and in such manner (so far as the nature thereof will admit,) as that the same may become vested in such new trustee, and the surviving or continuing trustee or trustees jointly, or in such new trustee only, upon the trusts, and to and for the intents and purposes hereinbefore declared of and concerning the said trust estate and property respectively, and which shall be then subsisting, or capable of taking effect, and so from time to time; and such new trustee and trustees shall and may act in the execution and management No. 10. of the trusts aforesaid, and shall have, and be considered as invested with such and the same powers and authorities, as if he or they had been originally appointed by this my will ; and further, that they, the said or any, or either of them, or their, any, or either of their executors or administrators, shall not be answerable for, or liable to make good any casual, or involuntary loss, which at any time or times may accrue or happen of or unto the said trust monies, or the securities for the time being in which the same shall be invested, or any part thereof, or with respect to any other part of the said trust estate, without his or their wilful default; nor shall they, or any of them, be answerable or accountable, the one for the other, or others of them, or for the acts, deeds, receipts, payments, neglects, or defaults of the other or others of them, but each of them for his own acts, deeds, receipts and payments only, and for such monies only, as shall actually come to his or their several and respective hands, and not for any money or stock, for which they, or any of them, shall join in any transfer, or sign any receipt, or receipts, for conformity only, nor with or for any loss or damage which may happen, by depositing all or any of the trust monies aforesaid, in any bank or banker's hands, or elsewhere, for safe custody, nor with or for any other loss or damage which shall or may happen in or about the execution or exercise of all or any of the trusts aforesaid, without their wilful defaults. And that it shall and may be lawful to and for them, the said trustees respectively, and their respective executors and administrators, from time to time, by and out of the trust monies, which shall come to their, or any of their hands, in the first place to deduct and retain, and reimburse to themselves respectively, and allow to their or his co-trustee, or co-trustees, all such loss, costs, charges and expences whatsoever, as he, they, or either of them, shall or may respectively pay, suffer, sustain, expend, or be any way put unto, in, or about the execution of all or any of the trusts or powers, hereinbefore mentioned or created, or any matter or thing in any wise relating thereunto. No. 11. No. 11. Directions A Will, disposing only of personal property, in favour of the as to place in the county of and man ner of in terment. Appoint ment of executors. a certain THIS is the last will and testament of me, J. S., of T., -, esquire: first, I will and direct, that in case I shall die within the distance of 10 miles from S., in the said county of my body may be interred in the parish church there (where my late wife, A. S. lies buried,) in a decent, but very plain manner, at the discretion of my executors, hereinafter named, (who, in case of any occurrence taking place to prevent my being buried at the place above-mentioned, may direct my interment at such other place as they shall judge most proper,) the expences attending which interment, and also all my just debts, and the expences of proving this will, and also the legacies hereinafter by me given, I do direct my executors to pay and discharge as soon as conveniently may be after my decease. I do hereby constitute and appoint A. B., of to be the Bequeaths executors of this my will; and, in the first place, I give and bequeath to them, the said A. B., C. D., and E. F., as such of stock in my executors, the capital stock or sum of 80007. five per the public cent. annuities, or so much of such other stock standing in quantity funds to his execu tors. my name at the time of my decease, as will be sufficient to produce the annual sum of 4007.; and in case I shall not, at the time of my decease, have sufficient stock standing in my |