mainder to an

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 whole of the said trust monies, stocks, funds, and securities, in trust for the survivor of the said E. F. and G. F.; And in case the said Ultimate reE. F. shall depart this life under the age of twenty-one other person. years, and the said G. F. shall die under that age, without having ever 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 absolute use and benefit of the said L. M., his executors, administrators, and assigns.

CLXI. Upon this further trust, that in case all, any, or either of my said younger sons A., B., C., and D., and my daughter E., shall not have attained the age of twenty-one years in the lifetime of my said wife, my said trustees and trustee for the time being do and shall pay and apply the interests, dividends, and income of the said trust monies, stocks, funds, and securities, or so much thereof as from time to time shall not be payable to such of my said younger children respectively, as should have attained that age, under the trusts hereinafter contained, in and towards the maintenance, education, and advancement of such children respectively, during his, her, or their minority or respective minorities, at such times and in such manner and proportions as they my said trustees or trustee shall in their or his discretion consider fit and expedient; And in case there shall at the end of any year be any part of such interest, dividends, or income, remaining in the hands of my said trustees or trustee, not applied as aforesaid, Upon trust that they shall invest the same in or upon some such stocks, funds, and securities, as aforesaid, in the names of my said trustees or trustee for the time being; Upon the same trusts, and to and for the like ends, intents, and purposes, as are hereinbefore and hereinafter expressed and declared, of and concerning the said trust monies, stocks, funds, and securities, from which the same accumulations shall arise.

To give maindren (after wife's decease), during their minorities, without reference to their particular shares. (In wills).

tenance to chil

For providing a

certain income

for the daughter while unmarried, by the ap

sum of money.

CLXII. And upon this further trust, that in case my

said daughter E. shall not have married in the lifetime of my said wife F., or after her death, and before my said propriation of a daughter shall have attained her age of twenty-one years, my said trustees and trustee do and shall as soon as conveniently may be after the decease of my said wife, or, which shall last happen, after my said daughter E. shall attain her age of twenty-one years, appropriate and set apart so much or such part or share of the said trust monies, stocks, funds, and securities, as at the time of such appropriation shall produce a clear annual sum of £- of lawful money of Great Britain, and do and shall stand possessed of and interested in the same part or share, Upon trust that my said trustees and trustee for the time being do and shall from time to time, until my said daughter E. shall attain the age of forty years, or be married, or depart this life under that age, permit and suffer, or authorize and empower my said daughter to receive and take all the dividends, interest, and income of the said part or share; and if my said daughter shall attain the age of forty years without having been married, then do and shall pay, transfer, and assign the said part or share of and in the said trust monies &c. unto my said daughter E., her executors, administrators, and assigns, for her and their own absolute use and benefit. But if my said daughter E. shall depart this life or be married under the age of forty years, then it is my will, and I hereby direct that the said part or share of and in the said trust monies &c., which shall have been appropriated or set apart as aforesaid, shall fall into and become part of the residue of my said personal estate, and shall be held upon the trusts next hereinafter declared concerning the same.

373

TITLE VIII.

OF POWERS.

General power

of attorney on

leaving England (a).

I. HE the said A. B. hath made, nominated, constituted, and appointed, and in his place and stead put, and by these presents doth make, nominate, constitute, and appoint, and in his place and stead put C. D. of &c., to be his true and lawful attorney, in the name of him the said A. B., or in the name of him the said C. D., to let, release, mortgage, ex- To let, release, change, make partition of, and absolutely sell and dispose mortgage &c., of all and every the messuages, lands, tenements, heredita- property. ments, and real estate whatsoever, freehold, copyhold, or leasehold, or of what tenure soever, of or in which the said A. B., or any person or persons in trust for him, have or hath or may during his absence have any estate or interest whatsoever, in possession, reversion, remainder, or expectancy or otherwise. And also, in the name of him the said To defend the A. B., or in the name of him the said C. D. or otherwise, right to and to ask, demand, recover, and defend, and to use, take, commence, and prosecute all and every or any legal or equitable means, cause, action, suit, or expedient, for recovering or defending the right to or possession of any of the said messuages, tenements, or hereditaments. And also, to ask, demand, recover, receive, collect, and get in, sell out, alter,

(a)" Whereas the said A. B. intends shortly to leave this kingdom, to join his regiment in India, and is desirous that during his absence his real and personal estate, and all other his concerns in England, should be managed and conducted in the same manner and with the same uncontroulable power and discretion, and as effectually to all intents and purposes whatsoever, as if he was actually present to manage and conduct the same."

possession of it.

To collect money, and bring actions, and give discharges.

To settle ac

counts.

To enter into bonds of arbitratur.

vary, and dispose of, and to use, take, commence, and prosecute all and every or any legal or equitable means, cause, action, suit, or expedient, for the recovering or defending and receiving of all or any of the money, and securities for money, goods, chattels, rents, arrears of rent, fines, legacies, annuities, debts on mortgage, judgment, specialty, simple contract, or of any other nature, money in the funds, or any other stocks, public or private, and other personal estate and effects of or to which he the said A. B., or any person or persons in trust for him, is, are, or shall be possessed or entitled now, or at any time during his absence, for any estate or interest whatsoever; And upon the receipt thereof, or of any part or parts thereof, receipts, acquittances, and other sufficient and effectual discharges to make, sign, seal, and deliver, and apply the moneys to be received by all or any of the ways and means aforesaid, as he shall think proper, in full payment or discharge of his expenses in the premises subject thereto, for the benefit of the said A. B., his executors, administrators, or assigns; And also to adjust, liquidate, and finally settle any account or accounts now open, and depending or remaining unsettled between the said A. B. and any person or persons whomsoever, or to receive or pay such balance or balances as upon the settling of such account or accounts shall appear to be due to or from the said A. B., as the case may be; and also to compound, compromise, and submit to arbitration, conclude, or agree any debt or debts, sum or sums of money due and owing to or from the said A. B., or from or to any person or persons whomsoever, or any other claim, demand, dispute, difference, or controversy, subsisting or depending, or to arise between the said A. B. and any person or persons whomsoever; And for that purpose, and for and on behalf of the said A. B., and in his name, or in the name of the said C. D., as he shall think fit, to enter into, sign, seal, execute, and deliver, one or more bond or bonds of arbitration, or instrument or instruments of submission, and to stand to, obey, abide by, and perform the award, order, or arbitration, or awards, orders, or arbitrations of such arbitrator or arbitrators, as shall be thereby appointed; and to make, sign, seal, and execute all other lawful acts, deeds, matters, and

salaries.

things, as may be thought necessary or expedient, in or about the premises, or any of them; and for all or any of To appoint atthe purposes aforesaid, to appoint one or more attorney or tornies, and give attornies, clerk or clerks, agent or agents, under him, with such salary, fees, or recompense as he shall think fit, and to revoke, alter, and vary, every or any such nomination or appointment at his or their pleasure; and generally to do and perform all acts, deeds, matters, and things, in and about the real and personal estate and effects of the said A. B., as fully and effectually, to all intents and purposes whatsoever, as he the said A. B. could or might himself do if personally present and acting therein, if these presents had not been executed; he the said A. B. hereby ratifying, allowing, and confirming, and agreeing to ratify, allow, and confirm, all and whatsoever he the said C. D. or his substitute or substitutes shall do or cause to be done in or about the premises, or any of them.

II. He the said A. B. hath made, ordained, constituted, and appointed, and by these presents doth make, ordain, constitute, and appoint, the said E. F. his true and lawful attorney, for him and in his name to accept and take

(a)" Whereas the said A. B. is about to leave this kingdom, to command her Majesty's fleet in the Mediterranean Sea. And whereas the said A. B. hath entered into certain articles of agreement, bearing date &c., with the reverend C. D. of &c., for the purchase from him the said C. D. of &c., with the appurtenances, and the impropriate rectory of A., and the advowson of the vicarage of B., and divers messuages, farms, lands, tenements, tithes, and hereditaments, situate, lying, and being or arising in the parishes of &c., in the county of &c.; and the timber on the said estates, at the price of £; and also for the purchase from him the said C. D. of the great tithes of certain lands in the parishes of in the same county, (used as glebe lands of the said vicarage of B.), at the same price at which the same have been contracted to be purchased by the said C. D. And whereas the said contract will not be completed before the

General confirmation by

donor of power.