:

theless for my faid fon C. to take thereout fuch of the
fame books as he has not in his own collection, (Some
pecuniary legacies). And it is my will that my
faid trustees be allowed and difburfed all their
charges and expences, and be fully indemnified out
of my eftate and that they fhall not be responsible
for any lofs without their wilful default, nor for
any more money than fhall actually come to their
hands refpectively; and that the receipt or re-
ceipts of
any
of my
faid trustees, or of the furvi-
vors or furvivor of them, or the heirs of fuch fur-
vivor, fhall be an effectual discharge or discharges
to any purchaser or mortgagee of any part of my
real estate hereby devised to be fold or mortgaged
by them; and that fuch purchaser or mortgagee
fhall not be obliged to fee to the difpofition, or
be answerable for any lofs or mifapplication there-
of. And lastly, I make and conftitute my faid
eldest fon D. commonly called, &c. fole executor
of this my will, hereby revoking or annulling all
wills and codicils by me formerly made. In
witnefs, &c.

A Will of Real and Perfonal Eftates, by which many Provifions are made, relative to the Advancement and Marriage of Children, &c. as in the margin.

I S. H. of in the county of efq. do make this my last will and teftament as follows, that is to fay, I give and bequeath to the honourable Mrs. S. T. of, &c. the fum of, for Bequest of 501. mourning. I also give mourning rings of the value of-a-piece to all fuch of my family or friends to whom my executor and executrix fhall think proper to present the fame. And alfo mourning of -to each of my menial fervants living with me, or in my fervice, at the time of my decease. And as to my burial, I defire that the fame may be as

private as may be, either in my father's family vault at, &c. or in my mother's at in the county of, at the difcretion of my executrix and executors. Alfo I give and bequeath unto my dear wife S. T. my coach, mares, and alfo fuch of my coaches and other carriages, and fuch other of the horses, mares, and geldings, of which I shall be poffeffed of at the time of my decease, as she fhall choose to keep for her ufe, and the rest of my horfes and carriages I direct to be fold, and the produce to be applied as hereinafter directed, concerning the refiduum of my perfonal eftate. And I alfo give and bequeath unto my faid dear wife, all her parapharnalia, and also all my jewels of every kind, to and for her own ufe, Recital of mar- and to be at her own difpofal. WHEREAS by my marriage fettlement, bearing date on or about the

riage articles.

day of, made in pursuance of articles entered into previous to my marriage, my daugh⚫ters and younger fons, (being two or more) will be entitled to the fum of, to go and be allotted to any fuch two or more of them, or to be paid to and fhared and divided between and among them all, in fuch parts, shares, and proportions, and in fuch manner and form, and to be paid and payable at fuch ages, days, and times, and fubject to fuch provifos, conditions, and li mitations over, as I fhall by deed or will direct or appoint. And failing fuch appointment, to be equally divided, and to be payable to fons at the age of twenty-one years, and to daughters at the age of twenty-one, or day of marriage, which fhould firft happen, with intereft from my death, at three per cent. per annum, or with fuch lower rate of intereft, in proportion to their ages, as the trustees therein named fhould think neceffary. AND WHEREAS by a fubfequent fettlement, bearing date on or about the day of -my faid daughters and younger fans will be enti

tled to the further fum of, to be raised by the ways and means therein mentioned, after the decease of me, and my faid wife S. T. as an addition to and in augmentation of the aforefaid portions, with intereft for the fame from the time of my decease, at the rate of twenty per cent. per annum, till the fame shall be actually raised and paid; which faid fum of, was to be payable and paid at the times, and in the manner, and fhould be fubject to fuch right of accruer or furvivorship, as are in the faid indenture of the

children.

of, mentioned, with regard to the portions provided for fuch daughters and younger fons. AND WHEREAS there is contained in each of a provifo as of the faid refpective fettlements, a provifo, that to preferring if I should in my life-time give or advance any fum or fums of money, for the preferring or advancing any of the faid children, being a fon or fons, in the world, or placing him or them in any bufinefs or employment, or fhould advance any of the faid children, being daughter or daughters, in marriage, in my life-time, with any portion or portions whatsoever, then if fuch fum or fums, portion or portions, fhould be equal to the portion or portions by the said settlements refpectively intended for fuch child or children refpectively, fuch fum or fums, portion or portions fo advanced by me, fhould in that cafe be accounted in full fatisfaction of the portion or portions, by the faid fettlements respectively interided for fuch child or children refpectively; but if fuch advanced fum or fums, portion or portions, fhould be lefs than the portion or portions by the faid fettlements refpectively intended for fuch child or children refpectively, then fuch advanced fum or fums, portion or portions, fhould be accounted as part of the portion or portions thereby intended for fuch child or children respectively, and then fo much more money only should be raised as would make fuch

- as a mar

riage portion for one of his

daughters.

advanced fum or fums, portion or portions equal to the portion or portions respectively intended for fuch child or children refpectively, unless I fhould declare the contrary in writing under my hand, attefted by two or more Of having paid credible witneffes. AND WHEREAS I did on the marriage of my eldest daughter O. with fir W. H. bart. pay and fecure to the faid fir W. H. the fum of, as and for the marriage portion of my faid eldest daughter O. And it being my defire, notwithstanding fuch advancement to my faid eldest daughter 0. that the whole of the faid refpective fums of and , may be raised on my faid fettled eftates, for the benefit of my younger children. I do hereby declare that the portion fo advanced with my faid eldeft daughter on her marriage, fhall be accounted as a part of, or as a fatisfaction for her fhare, as one of my daughters, of and in the faid refpective fums of -- and or either of them. And I do hereby, in advanced with execution of the power to me reserved in and by daughter fhall the faid refpective fettlement, hereby will, apportion provi- point, and direct, that the whole of the faid reded by fettle- fpective fums of and, fhall be raised by the ways and means expreffed in the faid fettlement, but in regard of the greater number of my younger children, and that fo large a portion hath been already advanced to my faid daughter lady H. and that she is befides amply provided for by her marriage fettlement, I will and appoint unto her my faid daughter lady H. the fum of

Decirratiou that portion

be taken as a

ment,

only, as and for her part, fhare, and proportion, of and in the faid refpective fums ofand; and in regard alfo that I have by this my will devised my unfettled real estates to my fecond fon S. C. in manner hereinafter mentioned, I will and appoint unto my faid fon S. C. the further fum of only, as and for his part, share, and proportion, as one of my younger fons, of and in the said refpective fums of

and

of portions.

And I will, appoint, and direct that the Appointment refidue of the faid feveral fums of - and fhall be paid and divided equally to and amongst all my other daughters and younger fons, fhare and fhare alike, and that the fame fhall be payable, and paid at the feveral times and in manner in the faid refpective fettlements mentioned, and with maintenance in the mean time, until the faid refpective portions fhall become payable, as in fuch fettlements is directed, and subject to fuch right of furvivorship and ownership, and to fuch provifos and directions as are mentioned and expreffed in and by the said respective settlements of and concerning the fame." PROVIDED nevertheless, and it is my will that my faid eldest daughter lady H. or my faid fon C. fhall not derive any benefit or right of furvivorship or accruerfhip, of or in the parts or shares of my faid other younger children of the faid refpective fums of and or either of them; but that the parts and fhares of fuch of the faid other younger children as fhall happen to die before their respective portions fhall become vefted, fhall accrue and furvive to the furvivors, or others of fuch younger children only, exclufive of my faid daughter lady H. and of my faid fon C. AND as a further provifion for younger children, I do hereby charge my eftates, real and perfonal, with the payment of the further fum of, and intereft for the fame, Charge for porafter the rate of per cent. by the year, from tions of chil the time of my decease, for the portions of all my faid daughters and younger fons (except my faid fecond fon S. C. and my daughter lady H.) and which faid fum of, I give to my trustees hereinafter named, and their executors and administrators, upon the trufts, for the intents and purposes, and fubject to the restrictions and provifos in this my will, or by any codicil or codicils to be annexed thereto fhall be declared hereafter

dren.