, the book and other debts incident to the said business, or of the value or interest of, or in the faid leafehold buildings and premifes, where the fame is carried on, is the property of myself, the other one third part thereof belonging to my faid brother. Now I do hereby direct, and it is my will and defire (notwithstanding the general directions hereinbefore given, for the fale and converfion into money of all my eftate, property, and effects indifcriminately) that fuch my faid two third parts of and in the faid ftock and trade, debts, and leasehold premises, fhall continue in and remain a part of the faid joint trade at intereft, for the convenience and accommodation of my faid brother, if and upon condition that my faid brother do and fhall, from time to time, as often as refts are or can conveniently be made in the accounts of the faid bufinefs, well and faithfully pay, apply, and appropriate one juft and full fourth part of the net profits of the faid bufinefs unto and for the benefit of my faid dear wife and children, until fome one of my faid children fhall attain the age of years, agreeable to the trusts hereinbefore expreffed relative to my general property and effects, or as near thereto as circumftances will permit; in which cafe I will and direct that no interest shall be paid for fo much of my faid ftock remaining in the hands of my faid brother, as fhall be equal in amount to the value of such one fourth part of the profits of the faid trade; but should my faid brother refufe to appropriate fuch one fourth part of the profits of the faid business in manner and for the purposes aforefaid, then and in that cafe it is my will, and I do hereby direct, that the whole of my fhare, intereft, and proportion, of and in the faid leafehold premifes, fock in trade, debts, and copartnership effects, fhall upon my decease, be forthwith fold, got in, and converted tain their ex penies. into money, and the produce thereof invefted upon fecurities at intereft, together with the reft of my faid property and eftates, and to, for, and upon the like trufts, intents, and purposes: Trustees to re- Provided always, and it is my will, and I do hereby direct, that it fhall and may be lawful to and for the feveral trustees conftituted or to be conftituted by virtue of this my will, and to and for each and every of them, their and every of their heirs, executors, and administrators respectively, by and out of the faid truft-money hereinbefore mentioned, to deduct and reimburse to himself and themselves, and to allow to his and their co-truftees from time to time respectively, all fuch cofts, charges, damages and expenfes, as they and every or any of them fhall be put unto, pay, fuffer, or fuftain, for or by reafon of any of the trufts hereby in them repofed, or in the management or execution thereof, or for or by reafon of any other matter or thing in any wife relating thereto, and that none of the faid trustees, their heirs, executors, or adminiftrators, fhall be answerable or accountable for any more money than what they fhall refpectively receive, by virtue of the trufts aforefaid, nor fhall any of them be charged or chargeable with, or accountable for the receipt and receipts of the other of them, but each for his own acts, receipts, and wilful defaults only; nor fhall they or any of them be anfwerable or accountable for the infufficiency or deficiency of any fecurity or fecurities, whereon the faid monies, or any part thereof, fhall or may be invested, nor of any banker, goldfmith, agent, or any other perfon or perfons, who fhall or may be employed or entrusted by them, or any of them, in the management or difpofition of all or any of the faid fum or fums of money, nor fhall they, any, or either of them be answerable or accountable for any involuntary lofs of all or any of the faid fum Not to be anfwerable for each other, &c. or fums of money, but shall be acquitted and faved harmless in refpect of all fuch acts, matters, and things, as shall be done by them refpectively, in pursuance hereof, in the execution or management of the several trufts hereby in them reposed, unless the fame fhall happen through their or his Provifo for ap. own wilful neglect or default: Provided likewife, pointing new and I do alfo direct, that in cafe any or either of trustees. them the faid trustees or trustee, or any future trustee or trustees fhall happen to die or be defirous to be discharged from, or neglect or refuse to act in the trufts hereby created, at any time or times before the fame trufts fhall be finally performed or otherwife determined, then it shall and may be lawful to and for the furvivor or furviv ors of them, and the executors, adminiftrators, and affigns of fuch furvivor, by any writing or writings, under his or their hands or feals or hand or feal, and to be attefted by two or more credible witneffes, from time to time, to nominate or appoint any other perfon or perfons to be a trustee or trustees in the ftead or place of the trustee or trustees fo dying, or defiring to be difcharged, or refufing, or declining, or becoming incapable to act as aforefaid, and that when and fo often as any fuch new truftee or trustees fhall be nominated and appointed as aforefaid, all the truft-eftates, monies, and premifes which fhall then be vested in the trustee or truftees fo dying, or defiring to be difcharged, or refufing, or declining, or becoming incapable to act as aforefaid, either folely or jointly with the other trustee or truftees, fhall be thereupon with all convenient fpeed conveyed, affigned and transferred, in fuch manner, and fo as that the fame fhail and may be legally and effectually vested in the forviving or continuing truftee or trustees; or if there fhall be no continuing or furviving truftee or trustees, then in fuch new truftees, and upon VOL. VI. E e the faid trufts as are hereinbefore declared of and concerning the fame truft-eftates, monies and premises refpectively, or fuch of them as fhall and may be fubfifting and capable of taking effect; and that any fuch new trustee or truftees fhall and may in all things act and affift in the management, carrying on, and execution of the trufts to which they fhall be fo appointed, in conjunction with the other their furviving or continuing trustee or trustees; and if there fhall not then be any fuch furviving or continuing trustee or trustees, then by themselves as fully and effectually, and with all the fame power and powers, authority and authorities, of confent, appro,bation, difcretion, calling in, laying out and invefting, compounding, compromifing, giving, and figning effectual indemnifications and difcharges to purchasers, mortgagees, or others, and all other powers and authorities whatsoever, to all intents and purposes whatsoever, or if he or they had been originally in and by this very will appointed trustee or trustees, for the purposes for which fuch new trustee or truflees, their or his heirs, executors, or adminiftrators, in or to whofe place fuch new trustee or trustees shall refpectively come or fucceed, are and is enabled to do, or could or might have done, under and by virtue of this my will, if then living or continuing to act in the trufts hereby repofed in them; and I particularly recommend and request, that fuch fubftitution or nomination of a new trustee may be made on the death or refignation of any of the faid trustees, or within months after Appointment fuch event fhall take place, AND laftly, I do of executors. nominate and appoint my faid dear wife, my faid brother, D. W. and the faid W. J. execu trix and executors of this my will. In wit nefs, &c. |