demnity.

perfon or perfons in truft for me, am, is, or are poffeffed of, or entitled unto, and not hereinbefore difpofed of, I give, devife, and bequeath unto the faid H. L. and E. A. their heirs, executors, administrators, and affigns, according to the nature and quality thereof respectively, to and for their own feparate ufe and benefit, and I appoint the faid G. F. and T. M. executors of this my laft will and teftament, and revoke all former ones, by me at any time heretofore made: Pro- Provitos for vided always, and it is my will and meaning, that truftees inthe faid G. F. and T. M. their heirs, executors, adminiftrators, and affigns, fhall be charged and chargeable only for fuch monies as the or they fhall refpectively actually receive by virtue of the trufts hereby in them repofed, nor fhall he or they, or any of them be anfwerable or accountable for any banker, broker, goldsmith, or other person with whom or in whofe hands any part of the faid truft-monies fhall or may be depofited or lodged for fafe cuftody, or otherwife, in the execution of any of the trufts hereinbefore mentioned, nor fhall they or any of them, be at any time anfwerable or accountable for the infufficiency or deficiency of any fecurity or fecurities, ftocks, or funds, in or upon which the faid truft-monies or any part thereof fhall be placed out or invefted, nor for any other lofs which may happen to the aforefaid trust-premises, except the fame fhall happen by or through their own wilful default refpectively, and that the one of them fhall not be anfwerable or accountable for the other of them, or for the acts, deeds, defaults, receipts, or disbursements of the other or others of them (notwithstanding they or either of them fhall join in any receipts for conformity) but each of them for the acts, deeds, defaults, and difbursements of himself only; and alfo that they the faid G. F. and T. M. their heirs, executors, administrators,

and affigns, fhall and may, by and out of the monies which shall or may come to his or their hands by virtue of the truft aforefaid, retain to and reimburfe himself and themfelves, all cofts, charges, damages, and expenfes which he or they fhall or may fuffer, fuftain, expend, difburfe, be at, or be put unto, in or about the execution of the trufts hereby in them repofed, or in relation thereunto. IN Witness, &c,

Devife of tef. perty to truf

tees to fell.

Will of real and Perfonal Eftate, amongst the Tefta tor's Wife and Children, with provifo respecting her future Marriage.

,

THIS is the last will and teftament of me 7. W. of in the county of gent. in the first place, I give and bequeath all and fingular the household furniture, plate, linen, china, books, and pictures, wine, and other liquors which I may be poffeffed of at the time of my decease, unto my dear wife 7, W, to and for her own proper and abfolute ufe, benefit, and difpofal; I alfo give and bequeath unto my friend S. 7. of -`aforefaid, gent, one of my executors hereinafter named, the fum of pounds to be paid to or retained by him, within calendar months after my decease, and all and fingular the reft refidue and remainder of the property of which I fhall be poffeffed or entitled to at the time of my decease, or over which I have a difpofing power, whether the fame confift Wholly or in part of eftates of frechold, copyhold, or for years, money in the funds, or otherwife, out upon fecurity, or at intereft, book and other debts, ftock in trade, or whatever other fort or kind, the fame or any part thereof may be, I give,

devife, and bequeath the fame and every párt thereof unto the aforefaid S. 7. and my brother D. W. of aforefaid, gent. and their heirs, executors, administrators, and affigns upon truft, that they the faid S. J. and D. W. or the furvivor of them, or the heirs, executors, adminiftrators, or affigns of the furvivor, do and shall with all convenient fpeed after my decease, fell, difpofe of, and convey all and fingular my freehold, copyhold, and leasehold eftates and premises, with the appurtenances either together or in parcels, by public auction or private contract, as to him or them fhall feem beft, unto any perfon or perfons who fhall be willing to become and be the purchaser or purchafers thereof, or of any part thereof, for the most money that can be reafonably gotten for the fame, and to make and execute all fuch deeds, furrenders, conveyances, and affurances in the law, as fhall be neceffary or proper for perfecting the fale and transfer thereof, and alfo do and hall make fale of and convert into who are also money all fuch part and parts of my personal ef- directed to get in his perfonal tate and effects as fhall not confift of money, and estate. call in and compel payment of all fuch parts thereof as fhall confift of money out upon fecurity at intereft or otherwife, and alfo collect and get in all book and other debts owing to me at the time of my decease, in fuch manner as they fhall think expedient, and for this purpose it shall be lawful, and I do hereby authorife and empower them my faid trustees, and the furvivor of of them, his heirs, executors, administrators, and affigns, to compromife or compound any debt, fum or fums of money which may be owing to me at the time of my decease, and to give or allow fuch reasonable time by way of indulgence for the payment of the fame, or any part thereof, and in the mean time to take and accept fuch security or affurances, fecurities or affurances for

feffed of the

of in truft to

pay juft debts.

the payment, as they or he in their or his difcretion fhall think fit, and the receipt or receipts of them or him for all monies paid or fecurities given under or by virtue of this my will, fhall in all cafes, be a fufficient and effectual discharge and discharges, for fuch fum or fums of money or fecurity for money as fhall therein respectively be expreffed or acknowledged to have been received or given, and the perfon or perfons paying any debt or debts, fum or fums of money, his, her, or their heirs, executors, or adminiftrators, fhall not afterwards be obliged to fee to the application. thereof, or be in any manner answerable or accountable for the lofs, mifapplication, or non-apAnd ftand pef- plication of the fame, or any part thereof; and it produce there. Is my will and defire, and I do hereby declare and direct that the said S. J. and W. D. and the fur, vivor of them, and the heirs, executors, adminiftra. tors, and affigns of fuch furvivor, shall stand and be poffeffed of and hold the monies to arife or be gotten in by the means aforefaid or otherwise, under or by virtue of this my will in truft, in the first place to fatisfy and discharge all fuch debts as fhall be due and owing by me to any perfon or perfons whomfoever, by fpecialty, fimple contract, or otherwise howfoever, at the time of my decease, or which fhall afterwards accrue due, and the intereft of fuch of the faid debts as fhall carry intereft (with full and abfolute power to admit or reject any evidence of any alleged debt or debts, as to them or him fhall feem juft, and in the next place to pay, fatisfy, and discharge my funeral expenfes, and the feveral legacies and bequests which I fhall have given or bequeathed, or fhall give or bequeath by this my will, or by any codicil or codicils thereto; and after full payment and And inveft the fatisfaction thereof, then in truft to pay, lay out retidue in go- and inveft all the reft and refidue of the produce and proceeds of my faid eftate and effects, in the

And funeral expenies and

legacies.

vernment fecurities.

to teftator's

felf and family

riage of fome

children.

purchase of parliamentary stocks or funds of Great Britain, or upon other real fecurity at intereft, in the names of them the faid S. J. and D. W. and the name of my faid dear wife, or other trustee or trustees, who may be appointed under the provifo or power hereinafter contained for that purpose; Upon the trufts, and for the And pay the feveral ends, intents and purpofes, and with, intereft thereof under, and subject to the feveral powers, pro- wife, for the vifos, conditions, and declarations hereinafter fupport of herexpreffed concerning the same, (that is to fay): until the ma In trust to pay, apply, and dispose of the whole jority or marof the intereft, dividends and other proceeds of one of his the funds and fecurities upon which the faid monies shall be fo invested, and of all other my eftates and effects whatsoever until investment, as the fame fhall from time to time become due and be received, unto fuch perfon and perfons as my faid dear wife fhall by any note in writing. under her hand (whether covert or fole) direct or appoint, and in default of any fuch direction or appointment and as to fo much thereof of which no fuch direction or appointment shall be made, then to pay the fame into the proper hands of my faid dear wife, or her affigns, or otherwise permit and authorise her and them to receive, take, and retain the fame without account or controul, for the maintenance and support of herself, and the maintenance, fupport, and education of all and every my dear children, C. W. and C. W. and fuch other my children, if any, who fhall be living at the time of my death, (or be born in due time thereafter) fuch payment unto or receipt by my faid wife, to be and continue until fome one of my faid children, being a fon, shall have attained the age of years, or being a daughter, fhall have attained that age or be married with the consent of my faid wife, and the receipt and receipts of my faid dear wife fhall,