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vivor of them, his heirs, executors, administrators, or assigns, had been limited and given to the said A. B. and E. F., their heirs, executors, administrators, or assigns, or to them or the survivor of them, his heirs, executors, administrators, or assigns, or as near thereto as may be, and the deaths of parties, the change of interest, and the substitution of the said A. B. as a trustee in the place or stead of the said C. D., and other intervening circumstances, will admit, and upon no other trust, nor for any other end, intent, or purpose what

soever.

By reference of LXVI. And it is hereby further declared and agreed freehold estate, term of years,

by and between the parties to these presents, as far as and personal they respectively are interested, that the said manors, estate in a conveyance, by an messuages, lands, tenements, and hereditaments hereby old to a new

released or otherwise assured to and for the use of the trustee.

said A. B., his heirs and assigns, and the said hereditaments &c., comprised in the said term of five hundred years, during the residue of the said term of five hundred years, and the said household goods, plate, linen, china, books, implements of household furniture, and personal estate, hereby assigned to the said A. B., his executors, administrators, and assigns, shall be held by him and them upon the same trusts, and for the same ends, intents, and purposes, and with, under, and subject to the same powers, provisoes, declarations, and agreements, as the same trust estates and trust property are or were respectively held by the said C. D., at the time of his execution of these presents, or as near thereto as may be, and the substitution of the said A. B. as a trustee in the place or stead of the said C. D., and other circumstances, will admit.

To assign certain personal estate to executors of will, upon the trusts thereof.

LXVII. And it is hereby directed, declared, and agreed, by and between the parties to these presents, as far as they respectively are interested, that the said hereby, or hereby intended to be assigned or otherwise assured parts or shares of and in the said leasehold messuages, lands, and tenements, and the terms of years therein respectively, and also of and in the said goods, chattels, funded property, debts, and personal estate, are respectively assured to the said A. B., his executors, administrators, and assigns; Upon trust that he, his executors or administrators, do and shall forthwith assign the same respectively unto the said C. D. and E. F., their executors, administrators, and assigns, to be held by them, as the executors of the will of the said G. H., and as part of his personal estate, to be applied in a due course of administration, or otherwise according to the trusts and directions of the same will; and upon no other trust, nor for any other end, intent, or purpose whatsoever.

.

LXVIII. And it is hereby agreed and declared, by To convey to and between the said parties to these presents, as far as they respectively are interested, that the said A. B., C. D., and E. F., their heirs and assigns, shall stand seised of and be interested in the said messuages &c. hereby released or otherwise assured, or intended so to be, and every part or parcel of the same, with their and every of their rights, members, and appurtenances, Upon trust to convey and assure the same to such uses, upon such trusts, and to and for such ends, intents, and purposes, and under and subject to such powers, provisoes, and limitations, as ought to be limited, expressed, and declared of the same, according to the trusts and directions contained in the said will of the said G. H., and upon no other trust, nor for any other end, intent, and purpose whatsoever

one or more as

be his heir or

LXIX. Upon trust that they the said A. B. and C. D., To assign per

sonalty to such and the survivor of them, and the executors, administrators, and assigns of such survivor, do and shall pay, transfer, shall

, at the de

cease of a parand assign the said sum of £- unto the person or ticular person, persons who at the decease of the said E. F. shall be his

co-heirs. heir or co-heirs at law, as and for his, her, or their own absolute property; And if there shall be co-heirs, then do and shall divide the same between them, as tenants in common and not as joint tenants, and in the same shares and proportions (either equally or unequally) as they would be entitled to a real estate descending from the said E. F., and vesting in them at her death by descent as her co-heirs.

ment to vest shares of otber

owners to re

Of heredita LXX. In trust to convey, settle, and assure the said mesments, &c. by reference to

suages, &c. hereby released or otherwise assured, or intended those declared

so to be, Upon the trusts declared thereof by the said recited by will; and agreement, to will of the said A. B., except so far as the same trusts are convey imme

altered or varied by these presents; and in the mean time, diately after decease of and until such conveyance shall be made and executed, do vendor, (if not

and shall permit and suffer the said messuages, &c. to be previously done), in the

held and enjoyed, and the rents and profits thereof to be event of having no after-born received and taken by the person or persons who for the children living time being shall be entitled thereto under or by virtue of at his decease. Further agree

the trusts contained in the ame will, except so far as the

same trusts are altered or varied by these presents; And in persons in trus- case the said C. D. shall depart this life without having any tees, in trust to indemnify

other child born to him, or all such children as shall here purchaser after be born to him shall die in his lifetime, then do and against proportions of such shall make such conveyance immediately after his death, after-born chil.

unless the same shall have been made in the mean time. dren (if any), and, in the in- And it is further directed, declared, and agreed by and beterim, to permit

tween the said E. F., G. H., &c., for themselves respecceive rents. tively, and for their respective heirs, executors, administra

tors, and assigns, that the several and respective shares to which the said E. F., G. H., &c. respectively, and their respective heirs, are or shall or may be entitled, of and in the messuages &c., and of and in their rights, members, and appurtenances, shall from time to time be retained by or vested in the said A. A. and B. B., their heirs and assigns, and held by them in trust, that in case any other child or children shall hereafter be born to the said C.D., and any one or more of the same, subsequently born, shall be living at the death of the said C. D., then the said A. A. and B. B., their heirs and assigns, or the survivor of them, his heirs or assigns, do and shall from time to time, by and out of the shares of the said E. F., G. H., &c. respectively, of and in the said messuages &c. hereby released or otherwise assured, or intended so to be, and either by the rents and profits thereof, or a mortgage or sale of the same shares, or a competent part thereof, reimburse and pay to the said C. C., his heirs, appointees, and assigns, being the owner or owners for the time being of the said messuage and hereditaments purchased by him as aforesaid, and his, her, and their executors, administrators, and assigns, all such costs, losses, charges, damages, and expenses as he and they shall from time to time severally and respectively incur, bear, suffer, sustain, lay out, and disburse, by reason or on account of or in respect of such subsequent born child or children, his, her, or their heirs or assigns, claiming any part or share, parts or shares of and in the messuages and hereditaments purchased by the said C. C. as aforesaid, or any of them, or any rents and profits, possession or enjoyment of any part or share, parts or shares of the said messuages and hereditaments, or any of them; And, subject to the trusts hereinbefore contained, do and shall permit and suffer the shares of the said E. F., G. H., &c. respectively, and their respective heirs and assigns, of and in the said messuages &c. hereby released or otherwise assured, or intended so to be, to be held and enjoyed by the person or persons respectively who for the time being shall be entitled to the same messuages, &c.; And, subject and without prejudice to any sale or mortgage to be made as aforesaid, do and shall conveyöand assure the same messuages &c. respectively, when and as soon as the said messuages and other hereditaments purchased by the said C. C. as aforesaid shall by any means become well and effectually discharged of and from the estates and interests of any child or children, if any, of the said C. D., who shall hereafter be born, and who shall be living at his death. And it is hereby further agreed, that it shall or may be lawful to and for the said C. C., his heirs or assigns, at any time, if he or they shall think fit, to abandon and give up to such subsequent born child or children of the said C. D. who shall be living at his death, or to his, her, or their heirs or assigns, his, her, or their proportional share or shares of the said messuage and hereditaments purchased by the said C. C. as aforesaid, and to require to be raised, reimbursed, and paid, (and accordingly there shall be raised, reimbursed, and paid to him or them, under the trusts hereinbefore contained) the then value to be sold of the aliquot part of such child or children respectively, or of his, her, or their heirs or as signs, of and in the said messuage and hereditaments so purchased by the said C. C.; And in that case, after such value shall have been raised, reimbursed, and paid to the said C. C., his heirs or assigns, and all other costs, charges, damages, and expenses, if any, to which he or they shall then be entitled, shall have been reimbursed and paid to him or them, (and subject and without prejudice to any such sale or mortgage as aforesaid), all the messuages &c. hereby released or otherwise assured, or intended so to be, shall be discharged of and from the trusts hereinbefore declared thereof, for the benefit of the said C. C., his heirs, appointees, executors, administrators, and assigns, and shall be conveyed and assured according to the directions hereinbefore contained in that behalf.

in or upon

To lay out mo- LXXI. And upon this further trust, that if thereunto ney in the pur. chase of lands, requested by the said E. F. and G. H., or the survivor of to sell same, and them, by any writing under his, her, or their hand or hands, to lease till sale,

they the said A. B. and C. D., or the survivor of them, his executors or administrators, do and shall, from time to time, lay out and invest all or any part of the same sum of £ or the produce of the stocks, funds, and securities

which the same shall be invested from time to time, or of the lands which shall be purchased as hereinafter mentioned, in the purchase of lands or tenements in England, or the principality of Wales, held either in fee simple, or for any long and absolute term of years, of which one hundred years at least shall at the time of such purchase remain unexpired; and do and shall, upon such request as aforesaid, or after the death of the survivor of the said E. F. and G. H., and in his or their discretion, and of his or their own authority, convert such lands and tenements into money by a sale thereof, and stand and be possessed of the money arising from such sale upon the same or the like trusts as are hereby declared of the money which shall be invested in the purchase of the lands and tenements to be purchased from time to time; and do and shall, from time to time till such sale, make such leases of the lands and tenements, at full improved rents, for any term or number of years not exceeding twenty-one years, as the said E. F. and G. H., or the survivor of them, shall require; and after the death of the survivor of the said E. F. and G. H., as the said A. B. and C. D., or the survivor of them, or the executors or administrators of the survivor of them,

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