No. 13.

A Will, comprising directions for a Settlement of freehold, copyhold, and leasehold estates, with various limitations and provisos, by way of annuities and rent charges; containing also various bequests of chattels, and sums of money.

I, J. W., of

do make this my last will and testament, in manner and form following: I desire to be decently interred at - -, at the discretion of my executors hereinafter named; and I give and bequeath unto my wife, A., all my household goods and furniture, plate, jewels, watches, linen, china, pictures, books, and wearing apparel of what nature or kind soever, as well at absolutely. my town residence, as at my residence at

His furniture, plate, pictures, books, &c.

Confirms

an estate

before set

tled upon her, and

ther life

estate on

afore

said; and also all my coach-horses, saddle-horses, coach, chaise, and other carriages, and the harness, saddles, bridles, furniture, and other things belonging, and appurtenant a thereto, together with the live and dead stock, farming utensils, and implements of husbandry whatsoever, which shall be at, in, or upon, or about my estate at aforesaid,

at the time of my decease, to and for her own proper use absolutely, for ever; also I confirm to her, my said wife, the surrender made to her use, for life, of my copyhold estate And I do hereby give and devise unto her,

at

at

and

adds a fur- my said wife, all my freehold estate, with the appurtenances aforesaid, to hold the same to other pre- and for the use of her, my said wife, A., and her assigns, for and during the term of her natural life, (if she shall so long continue my widow,) she keeping the same in repair, and

mises.

With a

paying the quit rents (if any) and taxes: and I give to her, No. 13. during the continuance of her respective estates, full power to grant leases of the said freehold premises, and also of the said power of copyhold premises, so far as the custom of the manor will leasing. allow, for any term or terms, not exceeding three years, in possession, and not in reversion, so as the best improved rents be reserved incident to the reversion, without taking any fine, and the lessees be not made dispunishable for waste, and so as there be contained therein a proviso for re-entry for non-payment of the rents thereby reserved, and so as such lessees do execute counterparts of such leases, and covenant for the due payment of such rents. And as to, for, and concerning the remainder or reversion of the said copyhold estate, so surrendered to the use of my said wife for her life, expectant on her decease; and as touching and concerning the said freehold premises hereinbefore given to her during her widowhood, from and immediately after her decease, or second marriage, which shall first happen, and also as to, for, and concerning all other my manors, messuages, farms, lands, tenements, and hereditaments, situate and being in the said county of and in the counties of

sidue of

and or elsewhere, freehold, copyhold, and leasehold, whether in possession, reversion, remainder, or expectancy, whereof I have power to dispose, I give, devise, All the reand bequeath the same, and all my estate and interest therein his estates, respectively, untc and to the use of my wife, A., and my to trustees. , according to the nature of the

and

of all kinds

by sale or

such sums

as

sufficient good any deficiency

to make

sonal es

friends same estates respectively, upon the trusts, nevertheless, and To raise, for the intents and purposes, and with, under, and subject to mortgage, the powers, provisos, and declarations hereinafter expressed shall be and declared of and concerning the same respectively, (that is to say) upon trust, that they, the said trustees, or the survivor or survivors of them, or the heirs, executors, adminis- of the pertrators, or assigns of such survivor, do and shall, by sale or mortgage, demise, or other disposition of the several estates paying the legacies, and premises, or a competent part thereof, or by, with, and debts, &c. out of the rents, issues and profits to arise therefrom in the mean-time, or by all or any of the aforesaid, or by such other ways and means as to them, him, or her shall seem meet, raise and levy such sum or sums of money as shall

tate, in

Their receipts to be discharges.

seised and

possessed of such and So much of

the said es

tates as

should not

No. 13. be sufficient to make good the deficiency of my personal estate, not specifically bequeathed, in answering and satisfying my debts, legacies, annuities, and funeral and testamentary charges: and for facilitating such sale or sales, mortgage or mortgages, I will and declare, that the receipt or receipts of the said and or the survivors or survivor of them, or the heirs, executors, administrators or assigns of such survivor, shall be a sufficient discharge or discharges for the purchase or mortgage money, agreed to be paid or advanced either by way of purchase or loan, for or upon my said several estates and premises, or any part or parts thereof respectively; and the person or persons paying or lending the same, his, her, or their heirs, executors, administrators or assigns, shall not be liable to answer any loss, misapplication, or nonapplication thereof respectively: To remain and, subject and without prejudice to the aforesaid trust, I will and direct that the said trustees, or trustee for the time being, do and shall stand, and be seised and possessed of my said several freehold, copyhold, and leasehold estates and premises, or so much thereof respectively, as may remain be sold for unsold, upon the following trusts, (that is to say) as to my purposes, freehold estates and premises, upon trust, to convey, settle, to convey and assure the same, subject to any such mortgage or mortthe same to gages as may be so made as aforesaid, to the uses hereinafter-mentioned, or so many of them as at the time of such tioned, viz. settlement shall be subsisting or capable of taking effect, that is to say, to the use, intent, and purpose that my said wife may receive thereout one annuity or yearly rent-charge of 7. clear of all taxes and without deduction, for her annuity over and life, to and for her own sole and separate use and benefit, above the (over and above all other provisions which I have made for her) but, nevertheless, I do hereby declare, that the provisions hereby made or intended for and in trust for my said wife, shall be accepted by her as and for her jointure, and in lieu and full satisfaction of all dower and thirds, or free bench to which she is, can, or may, or otherwise might be, entitled out of all or any of my estates at the common law, or To the use by custom: and to the use and intent that B., the wife of may receive one annuity or clear yearly rent-charge receive an ofl. for her life, clear of taxes and without deductions, annuity of

the said

upon trust,

and settle

the uses

after-men

to the intent that his wife

may receive an

provisions

already made for

her, to be

in lieu of dower.

and intent

that B.may

that is to

And to the

and intent

that the

may re

ceive an annuity for the life of

J. W. (that is to say) during her minority . from

that time

riage her mar riage -l. ; to apply

and after

the said

annual sum

ing its con

mainte

second

for satisfaction of the like yearly sum to the payment of No. 13. which to her, I am liable: and to the use and intent that my said trustees and their heirs may receive thereout, upon the further use trusts hereinafter expressed, the following annuities or yearly rent charges, clear of taxes and without deductions, trustees for the life of Jane W., daughter of say, so long as she shall be under the age of 21 years, and unmarried, the clear annuity or rent-charge of 7. and after she shall attain the said age, then the clear annuity or rent-charge of. so long as she shall continue unmarried, and after her marriage, the clear annuity, or yearly rent-charge of ——1. for the remainder of her life; in trust, to apply the said annuity or rent-charge of ―l. during its continuance, for or towards her maintenance and education, the said annuity ofl. during its continuance, to her for her absolute use, and that of -7. during its conti- of — 1. durnuance into her proper hands, or to her appointee or ap- tinuance pointees in writing under her hand, to the intent that the for her same may be for her sole and separate use, exclusively of nance; the her husband for the time being, and may not be subject to sum of his power or control, debts, or engagements, and for which during its the receipts of her, or her appointee or appointees, shall ance to be be effectual discharges, notwithstanding her coverture. And to the use and intent that the several other persons hereinafter named may receive out of the same premises the several annuities or yearly rent-charges hereinafter-mentioned, for their respective lives, clear of taxes and without deductions, that is to say, my sister, J. R., one annuity or yearly rent-charge ofl. for her life; H. D. (husband of her hus my late sister, M. D.) one annuity or yearly rent-charge of And to the -. for his life; my niece M. A. (daughter of my said use and inlate sister) one annuity or yearly rent-charge of. for the several her life; my niece E. B. (daughter of my late sister E. S.) one annuity or yearly rent-charge of. for her life; E. B. (son of my said niece E. B.) one annuity or yearly rent-charge of 7. for his life; my niece J. M. (the wife of T. M.) one annuity or yearly rent-charge of 7. for her life; my niece I. M. (the wife of J. M.) one annuity or yearly rent-charge of, for her life; E. B. (my wife's respective brother) one annuity or yearly rent-charge of. for his is to say)

--

-

continu

paid to her for her aband the

solute use,

of to be paid to separate

her for her

use, exclu

sively of

band.

tent that

other per

sons afternamed, may re

ceive the nuities or rent charges after

several an

mentioned for their

lives, (that

may re

No. 13. life; A. B. (my wife's sister) one annuity or yearly rentcharge of. for her life; E. A. (daughter of N. J. that J. R. deceased) one annuity or yearly rent-charge of 7. for her · ceive, &c. life; E. W. (my late housekeeper) one annuity or yearly rent-charge of. for her life; and J. P. one annuity or yearly rent-charge of. for his life; all the said several annuities or yearly rent-charges hereinbefore directed to be paid out of, and charged upon, the said estates and premises in such settlement to be comprised, to be paid to the said annuitants respectively, by equal quarterly payments, (that is to say) on the 25th day of March, the 24th day of June, the 29th day of September, and the 25th day of December in every year; the first quarterly payment of the said annuities respectively to begin and be made on the first of the said quarter days that shall happen next after my decease, with powers of distress and entry upon, and perception of the rents and profits of the same premises, to be limited and reserved to the said several annuitants in the usual manner, for better securing and compelling the payment of the said several annuities or yearly rent-charges. And as to the said estates and premises so to be charged, and subject thereto, and to such powers and remedies for recovery thereof as aforesaid, to the use of the first, second, third, fourth, fifth, sixth, and all and every other the son thereof, to and sons of my body, lawfully issuing, (whether born in my life-time or after my death) severally and successively, and in remainder one after another, as they shall be in priority cessively of birth, in tail male; remainder to the use of all and every remainder the daughter and daughters of my body, lawfully issuing, daughters (whether born in my life-time or after my death) in tail gein tail with neral, to take as tenants in common if more than one, with cross re- cross remainders among them as tenants in common if more than one, in like tail general; remainder to the heirs of my der to the body, lawfully issuing; and for default of such issue, to the of W. W. (son of W. W. late of -, deceased) and his assigns, for his life, without impeachment of waste; remainder to the use of my said trustees and their heirs, during his life, in trust, by the usual ways and means, to preserve the contingent uses and estates, in such settlement settlement. after to be limited, from being defeated or destroyed, but to

And subject there

to, and to the powers and reme

dies for re

covery

the use of

testator's son and

sons suc

intail male,

to his

as tenants

mainders.

Remain

heirs of his own body, Remain

der to W.

W. for his life, and

hischildren

in strict

use