or charges so made by him shall not take effect, unless and until the person making the same shall become, or if living, would have become, entitled, under the limitations hereinbefore contained, to the actual possession, or to the receipt of the rents, issues, and profits of my said estates.

event of his sur

husband in the viving and marrying again, to with portions second or future marriage, and

charge lands

for children of a

and to limit a term

of years for se

curing the same.

XLII. Provided always, and it is hereby declared and For intended agreed by and between the parties to these presents, that it shall and may be lawful to and for the said E. F., at any time after the death of the said G. H., and in the event that he shall survive her and marry again, and there shall be issue of such second or any future marriage, by any deed or deeds, instrument or instruments in writing, with or without power of revocation, to be by him sealed and delivered in the presence of and 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 attested by two or more credible witnesses, to subject and charge all or any part of the said manors, messuages, lands, and other hereditaments hereby released or otherwise assured, to and with any sum or sums of money, for the portion or portions of all or any child or children of such second or any future marriage, not exceeding £—, in case there shall be only one such child, and not exceeding £, in case there shall be two or more such children, and with interest at any rate not exceeding £ per cent. per annum on the sum to be raised; and the same portion or portions and interest to be paid to or divided between such child or children, at such age or respective ages, days or times, and if more than one, in such parts, shares, and proportions, and with such conditions, restrictions, and limitations over, (such limitations over being for the benefit of some one or more of such children), and with such directions for maintenance and advancement as the said E. F. shall think fit, and by such deed or deeds, instrument or instruments, will or wills, codicil or codicils, direct or appoint: And for the purposes of securing such portion or portions with such interest for the same respectively, by the same or any other deed or deeds, instrument or instruments in writing, so sealed, delivered, and attested as aforesaid, or by

For trustees (in a certain event and subject to a

particular term) to charge lands

with portions for

younger children.

such last will and testament, or codicil or codicils so signed, published, and attested as aforesaid, to limit and appoint the said manor, messuages, lands, and other hereditaments so to be charged with such portion or portions and interest, to any person or persons, for any term or number of years whatsoever, without impeachment of waste; Upon trust for raising and securing the said portion or portions, and interest, in the usual manner, and by the usual means; and so as no one child shall in any event, or by right of survivorship or otherwise, be entitled under and by virtue of this present power to any greater portion than the sum of £, and so as no such portion, or any part or parts thereof, other than and except such part or parts thereof, if any, as shall be applied in the advancement or preferment of any such child, under any direction or power to be given by the said E. F. in that behalf, shall absolutely vest in any child, unless or until such child being a son shall attain the age of twenty-one years, or being a daughter shall attain that age or be married, but the same portion or portions, or such part thereof as shall not vest as aforesaid, shall cease to be a charge for the benefit of the person or persons entitled to the said manors, &c., on which the same shall have been charged as aforesaid.

XLIII. Provided always, and it is hereby declared and agreed by and between all the said parties to these presents, as far as they respectively are interested, and the said A. B. and C. D. do hereby severally and respectively direct, that in case the said E. D., or any or either of his children or descendants, shall at any time hereafter become seised under the uses hereinbefore declared of the freehold in possession, or freehold and inheritance in possession of the said messuages, &c. hereby released or otherwise assured, or intended so to be, or any part thereof, and the said F. D., G. D., and H. D., or any or either of them, or their, any or either of their issue or descendants shall be living at that time; then subject and without prejudice to the said term of 1000 years and the trusts thereof, it shall and may be lawful to and for the said E. F. and G. H., or the survivor of them, or the executors or administrators of such survivor, and he and they is and are hereby required, in such manner as he and they

shall be advised or think fit, to charge all the said messuages, &c. hereby released or otherwise assured, or intended so to be, or so much and such part of the same as shall so vest in possession in the said E. D., or any of his children or descendants, with such sum of money as shall be equal in amount to the principal sum to which the said E. D., or any person claiming under him, shall have received or shall be entitled to receive, as and for the share of the said E. D., his executors, administrators, or assigns, of and in the said sum of £, or any other principal sum or sums of money raisable for portions of the younger children of the said A. B. and E. his wife, under or by means of the said hereinbefore in part recited indenture of release, bearing date on or about the day of, and the term of 1500 years created by the same indenture, and vested in the said I. K. and L. M., their executors, administrators, and assigns; And for the purpose of more effectually raising and securing the amount of the share of the said E. D., his executors, administrators, or assigns, of and in the said principal sum of £, or other principal sum or sums of money raisable as aforesaid, the said E. F. and G. H., or the survivor of them, or the executors, administrators, or assigns of such survivor, shall or may, subject and without prejudice as aforesaid, limit and appoint the said messuages, &c. hereby released or otherwise assured, or intended so to be, or so much and such part of the same as shall so vest in possession in the said E. D., or any of his children or descendants, to any person or persons by way of mortgage for any term or number of years, subject to redemption on payment of the sum of money to be so raised as aforesaid, with interest for the same at the rate of £

per cent. per annum; And also that in the meantime and until the said sum and interest shall be raised as aforesaid, the estate or estates of the said E. D., and of his children and descendants respectively, of and in the said messuages, &c., or so much and such part of the same as shall then as to the freehold or inheritance thereof, and under the uses hereinbefore declared thereof, be vested in possession in the said E. D., or in any of his children or descendants, shall be charged and chargeable with, and subject and liable to the payment of the sum

To raise out of

personal estate,

out of real es

tate,certain portions for afterborn children, with provision for their main

hereby directed to be raised as aforesaid, with interest for the same at the rate aforesaid, to be computed from the time that the said E. D., or any of his children or descendants, shall become entitled in possession as aforesaid, and to and with the powers and authorities hereinbefore given to the said E. F. and G. H., and the survivor of them, and the executors and administrators of such survivor, for raising the same sum and interest, and so and in such manner that the sum to be raised as aforesaid, and the interest thereof, and the said power for raising the same, may not, as far as the rules of law and equity will admit, be barred or destroyed by the said E. D., or any or either of his children or issue. And it is hereby further declared and agreed, that the said E. F. and G. H., and the survivor of them, and the executors and administrators of such survivor, shall stand and be possessed of the said sum and interest to be raised under the provision last hereinbefore contained, In trust for such if any of them the said F. D., G. D., and H. D., as shall be living at the time when the said messuages, &c., or any of them, shall so vest in possession in the said E. D., or in any of his children or descendants, under the limitations hereinbefore contained, and for the issue, if any then living, of such of them the said F. D., G. D., and H. D. as shall be then dead, as tenants in common, and so and in such manner that the issue of such of them the said F. D., G. D., and H. D. as shall be then dead, shall take per stirpes and not per capita, and so as the issue of each respective parent may take as tenants in common between themselves, and so as no person or persons may take under the description of issue, unless his, her, or their parent or parents shall be previously deceased.

XLIV. Provided always, and in case I shall at my death or if insufficient, or at any time afterwards, and within due time, have any other son or sons, or a daughter or daughters, then I direct that there shall be raised for each such son the sum of £ of lawful money of Great Britain; and for each daughter the sum of £- of like lawful money, for his or her portion, to be vested in and paid to such son on his attaining the age of twenty-one years, or death under that age leaving issue at his death, and to be vested in and paid to

tenance.

(In wills).

such daughter on her attaining that age or being married; and that such portions shall be raised for such sons and daughters respectively by and out of the residue of my personal estate, in case the same shall be sufficient for that purpose; and in case of any deficiency, then out of the residue of my real estate; and that each of the same children being a son, shall, during his minority, and each of the said children being a daughter, shall, during her minority, or, which shall first happen, until her marriage, be entitled to have such maintenance, education, and advancement, not exceeding interest at the rate of £ on his or her said portion, from the income of the residue of my said real and personal estates, or sums to be set apart and appropriated for that purpose, as my said trustee or trustees for the time being shall in his or their discretion think fit. Provided always, and in case all or any one or more of the said children to be hereafter born being a son or sons, shall depart this life under the age of twenty-one years, without leaving any issue of his or their body or bodies lawfully begotten, living at his or their death or respective deaths, or being a daughter or daughters, shall depart this life under the age of twenty-one years without having been married, then I direct that the portion or portions of the son or sons, daughter or daughters so dying, shall lapse into and become a part of the fund or funds out of which the same respectively is or are hereby directed to be raised for the benefit of the person or persons entitled to the same fund or funds respectively.

XLV. Provided always, and if at any time hereafter during the life of the said A. B., any doubt shall be entertained respecting the right of the said C. D. to make a valid appointment of the said additional sum of £, in exercise of the power given to him by the will of the said E. F., and such doubt shall be sanctioned by the opinion in writing

66

(a) Proviso, that in case the said A. B. should at any time during his life be desirous either of paying off and discharging the said portion or sum of £- in exoneration of the estates and hereditaments charged therewith, or of charging other lands and hereditaments of competent value with the