as part of their shares. Of Exchequer annuities. wills). For daughter during so many years as she shall live of the term for which annuities shall as part the said sum of £, which hath been paid and advanced CLVIII. And as to the annual sum of £ -, part (In of the said £ Long Annuities, do and shall pay the same to, and permit the same to be received by my daughter A. B. and her assigns, during so many years as she shall live of the term for which the said annuity shall be payable; And in case she shall depart this life during the term for which the said annuities are payable, Do and shall stand and be possessed of and interested in the said lastmentioned annual sum of £—, part of the said £Long Annuities; In trust for all and every the child and children of my said daughter A. B., who being a son or sons shall attain the age of twenty-one years, or who being a daughter or daughters shall attain that age or marry, and their respective executors, administrators, and assigns, to be divided between or amongst such children, if more than one, in equal shares and proportions as tenants in common; And in case there shall be only one child of my said daughter A. B., who being a son shall attain the age of twentyyears, or who being a daughter shall attain that age or marry, Then as to the whole of the said annual sum of £, In trust for such only child, his or her executors, administrators, or assigns; But if my said daughter A. B. shall have no child, who, being a son, shall attain the age of twenty-one years, or who, being a daughter, shall attain that age or be married, Then do and shall, from and immediately after her decease, and such failure of issue of her fore declared. body as aforesaid, stand and be possessed of and interested in the said last-mentioned annual sum of £, part of the said annual sum of £ Long Annuities, Upon and In default, upon for such trusts, intents, and purposes as I have herein- the trusts bebefore declared of and concerning the first hereinbefore mentioned annual sum of £, part of the same Long Annuities, or such of the same trusts, intents, and purposes as shall be then subsisting undetermined, and capable of taking effect. securities. To pay interest ter's life, acduring daughcording to her appointment. CLIX. I give and bequeath unto my said sons, A. B., Trusts of legacy. C. D., and E. F., the sum of £, Upon trust that they (In wills). the said A. B., C. D., and E. F., or the survivors or survivor of them, or the executors, administrators, or assigns of such survivor, Do and shall lay out and invest the same in their or his names or name in the parliamentary stocks or public funds of Great Britain, or at interest upon government or real securities in England or Wales; And do and shall from To invest letime to time (if they or he in their or his discretion shall gacy and vary think fit) alter, vary, and transpose the said stocks, funds, and securities, as to them or him shall seem proper; And do and shall, during the life of my daughter G. H., the wife of I. H., pay the interest, dividends, and annual produce of the said trust monies, stocks, funds, and securities, unto such person or persons only, and for such intents and purposes only as my said daughter G. H. shall from time to time, by writing under her hand, direct or appoint; And In default of in default of such direction or appointment, into her own hands, for her own separate and peculiar use, exclusively of use. her present or any future husband, and without being in any wise subject to his debts, control, interference, or engagements; And the receipts in writing of the said G. H. (whether she shall be single or married) to be sufficient discharges for the same. And in case the said G. H. shall depart this life in the lifetime of the said I. H., Do and shall, from and immediately after her decease, and thenceforth during the life of the said I. H., pay the interest, dividends, and annual produce of the said trust monies, stocks, funds, and securities unto, or permit the same to be received by the said I. H. and his assigns, for his and their own proper use and benefit; appointment, to her separate In case of daughter's death in the lifetime of her husband, band for life. in trust for hus After the de- In default, as survivor shall or will. And from and immediately after the decease of the survivor of them the said I. H. and G. his wife, do and shall stand and be possessed of and interested in the said trust monies, stocks, funds, and securities, In trust for all and every, or such one or more, exclusively of the other or others of the child or children of the said G. H., now born and hereafter to be born, at such time or times, and if more than one, in such shares, and for such estate or estates, interest or interests, as the said I. H. and G., his wife, by any deed or deeds, with or without power of revocation, to be by them sealed and delivered in the presence of and to be attested by two or more credible witnesses, from time to time jointly shall appoint; And in default of such joint appointment, appoint by deed and so far as every or any such joint appointment, if incomplete, shall not extend, then, as the survivor of them the said I. H. and G., his wife, shall, by any deed or deeds, with or without power of revocation, to be by him or her sealed and delivered in the presence of and to be attested by two or more credible witnesses, or by his or her last will and testament in writing, or any codicil or codicils thereto, or any writing in the nature of or purporting to be a will or codicil, to be by him or her signed in the presence of and attested by two or more credible witnesses, appoint; and in children of wife default of such appointment, and so far as every or any such last-mentioned appointment, if incomplete, shall not extend, In trust for all and every the child and children of the said G. H., now born and hereafter to be born, who being a son or sons shall attain the age of twenty-one years, or being a daughter or daughters shall attain that age or marry, to be divided between such children (if more than one) in equal shares, as tenants in common and not as joint-tenants; and if there be but one such child, the whole to be in trust for that one child, his or her executors, administrators, or assigns; Hotchpot clause. But no child taking under any appointment to be made in exercise of the aforesaid powers, or any of them, shall be entitled to any share of the unappointed part of the said trust monies, stocks, funds, and securities, without bringing his or her appointed share into hotchpot, and accounting for the same accordingly; And if there shall be no child or children wife, in case she of the said G. H., who shall, under or by virtue of the trusts In default, for equally. In default of children, for husband. band shall survive, as wife become entitled to an absolute interest in the said trust shall survive her monies, stocks, funds, and securities, the said trust monies, stocks, funds, and securities shall be upon the trusts following; (that is to say), In case the said G. H. shall survive the said J. H., then In trust for the said G. H., her executors, administrators, and assigns; but in case the said J. H. But in case husshall survive the said G. H., then the same shall be In trust for such person or persons, and to and for such intents and shall by will purposes as the said G. H. shall by her last will and testament in writing, or any codicil or codicils thereto, or by any writing or writings in the nature of or purporting to be a will or codicil, to be by her signed in the presence of and to be attested by two or more credible witnesses, direct, limit, or appoint; And in default of such last-mentioned appointment, In trust for the next of kin of the said G. H. exclusively of the said J. H. (a). appoint. In default of appointment, for wife's next of kin, exclusive of husband. nance and education of minor. CLX. Upon trust that they the said A. B. and C. D. &c., For maintein case the said E. F. shall not then have attained his age of twenty-one years, do and shall, during the minority of the said E. F., pay and apply the interest, dividends, and annual produce of the said trust monies, stocks, funds, and securities, or such part thereof as they or he shall deem sufficient, unto and for the benefit of the said E. F. and G. F., for and towards their maintenance and education, equally to be divided between or among them; And do and shall suffer the residue (if any) of the same interest, dividends, and annual produce to accumulate in the way of compound inte- nefit of person rest, for the benefit of the person or persons who shall ulti- who shall be ultimately entitled mately become entitled to the fund from which the same to the fund. (a) If legacies are given in addition to what the legatees shall be entitled to under testatrix's marriage settlement, add the following declaration: "And I declare that the legacy or sum of £, and also the two sums of £—, each hereinafter bequeathed by me in favour of my daughters, Caroline and Harriet, are intended by me to be in addition to what my said daughters may be entitled to under the settlement made on my marriage with my late husband." To suffer residue to accumu late for the be After minor's majority, for maintenance of a minor and unmarried; residue to accu mulate as before. shall have proceeded. But if the said E. F. shall have then attained the age of twenty-one years, do and shall from his sister whilst thenceforth, or from and immediately after the determination of the minority of the said E. F., in case the said G. F. shall be then under the age of twenty-one years, and shall not be or ever have been married, during the minority, or until the marriage of the said G. F., pay and apply the said interest, dividends, and annual produce, or such part thereof as they or he shall deem sufficient, unto and for the sole benefit of the said G. F., for and towards her maintenance and education; and do and shall suffer the residue (if any) of the same interest, dividends, and annual produce, to accumulate in the manner and for the benefit of the person or persons hereinbefore mentioned. Provided always, that in case either of them the said E. F. and G. F. shall depart this life under the age of twenty-one years, the said A. B. and C. D. shall pay and apply the said interest, dividends, and annual produce, or such part thereof as they or he shall deem sufficient, for or towards the maintenance and education of the said E. F., in case he shall survive the said G. F. during his minority, or for and towards the maintenance and education of the said G. F., in case she shall survive the said G. F., during her minority, or until she shall be married, and do and shall permit and suffer the residue (if any) to accumulate in manner hereinbefore mentioned. And the said I. K., in further pursuance of the said power and authority, doth hereby, in manner aforesaid, direct and appoint, that from and immediately after the determination of the respective minorities of the said E. F. and G. F., or in case the said E. F. shall have attained the age of twenty-one years, and the said G. F. shall be or have been married, then that they the said A. B. and C. D., and the survivor of them, and the executors and administrators of such survivor, do and shall stand and be possessed of the said trust monies, stocks, funds, and securities, in trust for the said E. F. and G. F., in equal shares and proportions, as tenants in common; but if the said E. F. shall die under the age of twenty-one years, leaving the said G. F. him surviving, or in case the said G. F. shall die under the age of twenty-one years, and without having been married, leaving the said E. F. her surviving, Upon majorities or majority and marriage, in trust for the brother and sister as tenants in common; in default, as to either, for survivor. |