where there is

3 per

no appointment. Wife, stand and be seised of the said messuages &c., and also stand and be possessed of the said sum of £cent. Consolidated Bank Annuities, and the rents, dividends, interest, income, and produce thereof respectively; and after the decease of the survivor of them the said I. K. and L. his wife, and of the said E. F. and G. H. his intended wife, upon trust, to convey, pay, assign, or transfer the same respectively unto the child, if only one, and if more than one, then unto or between and amongst all the children of the said intended marriage between the said E. F. and G. H., to be divided between the same children if more than one, in equal shares and proportions as tenants in common and not as joint-tenants, and his, her, or their heirs, executors, administrators, and assigns, to be vested in the same children respectively when and as they respectively shall attain their respective ages of twenty-one years, or die under that age having issue living at their respective deaths; and in case any one or more of the said children of the said intended marriage shall depart this life under the age of twenty-one years without leaving any issue of his or their body or respective bodies living at his or their death or respective deaths, then in trust to convey, release, pay, assign, and transfer the original share or shares of the said messuages &c., and also of the said Bank Annuities, which under the trusts hereinbefore contained shall belong to the child or children respectively who shall die as aforesaid, and also that part or share or those several and respective parts or shares of and in the same messuages &c. and Bank Annuities which from time to time shall belong to or be taken by the same child or children respectively, so dying as aforesaid, under this present provision, unto the other, or if more than one, the others of the same children, to be equally divided between or amongst the same children if more than one, share and share alike as tenants in common and not as jointtenants, and his, her, or their heirs, executors, administrators, and assigns, to be vested at the respective ages, days, or times hereinbefore appointed respecting the original share or shares of the same child or children; and in case there shall be no child of the said intended marriage, or no child

such one or more, exclusively of the others or other of the
child or children of the said E. F. by the said G. H., his said
intended wife, (other than or besides an eldest or only son
so for the time being entitled as aforesaid), as the case may
be, or in trust for all and every or such one or more,
exclusively of the others or other of the issue born in the
lifetime of the said E. F., of such one child, or any one or
more of such children, or both, in trust for such one child, or
all and every or such one or more, exclusively of the others
or other of such children, as the case may be; and all and
every or such one or more, exclusively of the other or others
of the issue born as aforesaid, of such one child, or any one
or more of such children, and, if more than one, in such
shares and proportions, at such age or time or respective
ages or times, not happening after the expiration of twenty-
one years, to be computed from the decease of the said E. F.,
and charged with the payment of such annual sum or sums
of money to such child or children and issue, or any of them,
upon such conditions, with such limitations over, between, or
among them, with such provisions for their or any of their
maintenance, in such shares and proportions, and generally
in such manner for their or any of their benefit, as the said
E. F. by any deed or deeds, writing or writings, with or
without power of revocation, to be by him sealed and deli-
vered in the presence of and to be attested by two or more
credible witnesses, or by his last will and testament in writing,
or any codicil or codicils thereto, to be by him signed and
published in the presence of and to be attested by the like
number of credible witnesses, shall from time to time direct or
appoint; And in default of such direction or appointment,
and so far as every or any such direction or appointment shall
not extend, the said sums of £, £-
as the
case may be, to be In trust for the child or all the children,
as the case may be, of the said E. F. by the said G. H., his
intended wife, other than and except an eldest or only son
for the time being entitled as aforesaid, and if more than
one, to be divided between or among them in equal shares
and proportions, and to be an interest vested or interests.
vested in such child or children respectively, being a son or
sons, at his or their age or respective ages of twenty-one

or £

age or respective ages of twenty-one years, or day or respective days of marriage, which shall first happen, and to be paid to him, her, or them respectively, his, her, or their respective executors, administrators, or assigns, on or at the same age, day, or time, or respective ages, days, or times respectively, if the same respectively shall happen after the decease of the said E. F., but if the same shall happen in his lifetime, then immeditealy after his decease, unless he shall direct the same to be sooner raised Hotelpot clause. and paid as aforesaid. Provided always, and it is hereby agreed and declared, that no child taking or whose issue shall take any part or share of the said sum of £

Benefit of sur vivorship.

or £

£
as the case may be, under or by virtue
of any direction or appointment to be made by the said
E. F., in pursuance of the power herein before contained, shall
have or be entitled to any further or other share of and in
that part of the said sum of £, £, or £, as the
case may be, of which no such direction or appointment shall
have been made, without bringing his, her, or their appointed
share or shares, or the appointed share or shares of his, her,
or their issue, into hotchpot, and accounting for the same ac-
cordingly. Provided always, and it is hereby agreed and
declared, that if there shall be more than one child for whom
portions are intended to be hereby provided as aforesaid,
and any one or more of them being a son or sons shall de-
part this life, or become an eldest or only son for the time
being, entitled as aforesaid, under the age of twenty-one
years, or being a daughter or daughters, shall depart this
life under the age of twenty-one years without being or
having been married, then and in case no such direction or
appointment as aforesaid shall be made by the said E. F.
to the contrary, as well the original portion intended to be
hereby provided for, as the share or shares by virtue of this
present clause surviving or accruing to every such son so
dying or becoming an eldest or only son for the time being
entitled as aforesaid, and to every such daughter so dying, so
much thereof as shall not have been raised or applied for
his or her respective advancement in the world, in pursuance
of the power hereinafter contained, shall from time to time

dren not to ex

sum.

go and be in trust for the survivors or survivor, or others or other of such children, not being an eldest or only son for the time being entitled as aforesaid, and as far as circumstances will admit, shall vest in and be paid to him, her, or them, and if more than one, in equal shares and proportions, at the same time or times, and in the same manner as hereinbefore is declared concerning his, her, and their original portions. Provided always nevertheless, and it is hereby Portions of chilagreed and declared between and by the said parties to these ceed a specified presents, that the sons or daughters of the said E. F., by the said G. H., his said intended wife, other than or besides an eldest or only son for the time being entitled as aforesaid, or any of them, or their or any of their issue, shall not, by virtue of or under the trusts hereinbefore declared, by survivorship or otherwise, be entitled to have any greater sum or sums of money for his, her, or their portion or portions than is or are hereinafter mentioned; that is to say, the sum of £for the portion of one such child other than or besides an eldest or only son for the time being entitled as aforesaid, or his or her issue, and the sum of £ for the portions of three or more such children, or their or any of their issue. Provided always, and it is hereby agreed and declared between and by the said parties to these presents, That it shall and may be lawful to and for the said A. B. and C. D. and the survivor of them, and the executors, administrators, and assigns of such survivor, at any time or times after the decease of the said E. F., or in his lifetime, in case he shall so direct, by any writing or writings under his hand, to levy and raise, by the ways and means aforesaid, or any of them, but subject and without prejudice as hereinbefore is mentioned, any part of the portion or portions to which any such child or children as aforesaid shall for the time being be entitled in expectancy, not exceeding in the whole for any one such child one equal half part of his or her then presumptive portion, and apply the money so to be raised for the benefit, advancement, or establishment in the world of such child, in such manner as the said A. B. and C. D., or the survivor of them, or the executors, administrators, or assigns of such survivor shall in their or his discretion think fit; And upon this further trust, that they the said A. B. and C. D., and the

Trustees empowered to raise

part of presumptive portions for

advancement of

the children.

for maintenance and education of children.

No mortgage, &c. to be made until some one portion shall become payable.

of such survivor, Do and shall, after the decease of the said E. F., and until the portion or portions intended to be hereby provided for such child or children as aforesaid shall become payable, but nevertheless subject and without prejudice as aforesaid, by and out of the rents, issues, and profits of the said manors, messuages, lands, and other hereditaments, or any part or parts thereof, levy and raise, and pay and apply, at their or his discretion, for or towards the maintenance and education of such child or children respectively, such yearly sum and sums of money as the said E. F., at any time during his life, by any writing or writings, with or without power of revocation, to be by him sealed and delivered in the presence of and to be attested by two or more credible witnesses, or by his last will or testament in writing, or any codicil or codicils thereto, to be by him signed in the presence of and to be attested by the like number of credible witnesses, shall direct or appoint, not exceeding what the interest of the portion or portions intended to be hereby provided for such child or children respectively would amount unto at the rate of £ for every £100 by the year, were he, she, or they then entitled thereto; And in default of such direction or appointment, such yearly sum or sums of money, not exceeding the amount of such interest as aforesaid, as the said A. B. and C. D., and the survivor of them, and the executors, administrators, or assigns of such survivor, shall think fit; the said yearly sum or sums of money to be raised and paid by four even quarterly payments, on the

the

and the

day of day of the day of day of in every year, without any deduction or abatement whatsoever for or on account of any present or future taxes, or any other matter, cause, or thing whatsoever; and the first of the said quarterly payments to be made on such of the said days as shall first and next happen after the decease of the said E. F. Provided always, and it is hereby agreed and declared between and by the said parties to these presents, that the said A. B. and C. D., and the survivor of them, or the executors, administrators, or assigns of such survivor, shall not demise, mortgage, sell, or otherwise dispose of any part or parts of the said manors, messuages, lands, and other here