Special power and recom mendation to monies or any part thereof, for use of testator's nephew; but this provision not to create effect, with power to trustees to release this power and on the said nephew for his also with the joint consent of the said H. C. H., and such one of them the said E. F. and G. H. as shall be the parent of each of the said sons, grandsons, and other male issue respectively, or with the consent of the survivor of them the said H. C. H. and such parent, and after the decease of such survivor, then in the discretion and of the proper authority of them the said A.B. and C. D., and either in the lifetime or after the death of such parent, to advance to or apply for the benefit of each of the same sons, grandsons, and other male issue respectively, any part not exceeding one-half of the amount or value of his then vested or expectant portion for the advancement or preferment in the world of the same son, grandson, or other male issue respectively; And further, that so much &c., (vide Art. LI.) LIV. Provided always, and I hereby declare, that notwithstanding any of the trusts aforesaid, it shall and may be lawtrustees to apply ful to and for my said trustees, or the trustees or trustee for interest of trust the time being of this my will, or the major part of them for the time being, or one-half of them in number, at any time or times hereafter, during the life of my nephew, the said A. B. the father, (and if he or they shall think fit, and any trust to that by way of expressing my wishes and not of creating any trust, I hereby authorize and recommend them to do), to pay or allow to my said nephew, the said A. B. the father, for his settle an annuity personal use, all or any part of the yearly interest, dividends, and proceeds of my said trust property, as the same trustee or trustees, or the major part of them, or one-half in number of them may deem expedient; but it is my express will that neither this clause or power, nor any other matter or thing whatsoever herein contained, shall extend or be deemed or construed to extend to the giving or vesting any part of my said trust estate, monies, and effects, or the interest, dividends, and proceeds thereof, in the said A. B. the father absolutely, or to create any permanent or continuing trust for his benefit, it being my intention that any yearly or other allowance to be made to him out of the said annual interest, dividends, and proceeds of my estate, shall be in the entire discretion of my said trustees, or the trustees or trustee for the time being of this my will, and that he or they may life, with special provisions. (In wills). withdraw or continue such allowance, as he or they may pay LV. Provided also, and it is hereby further declared and agreed by and between the parties to these presents, as far as they respectively are interested, that if the said A. B. [husband] should, at any time or times, while the income of the said trust monies, stocks, funds, and securities shall be able to him under the trusts and provisions hereinbefore contained (a), either by reason of illness, mental imbecility, confinement in foreign countries, or other incapacity whatsoever, be disabled from providing for the maintenance and support of himself and his said intended wife and their issue, (if any), (a) His life interest was determinable on a particular event. that then and in that case, and from time to time, as often as the same shall happen, and notwithstanding all or any of the trusts hereinbefore contained, it shall and may be lawful to and for the said trustees or trustee for the time being, during the continuance of such incapacity, to apply all or any part of the dividends, interest, and income of the said trust monies, stocks, funds, and securities, in or towards the maintenance and support of the said A. B., and C. D. his intended wife, and their issue, (if any), and in and towards the education and schooling of such issue, or in or towards any one or more of the purposes aforesaid, as circumstances shall require, in such manner as to the said trustees or trustee for the time being, or the major part of the said trustees, shall from time to time seem most proper and expedient; And also that, if at any time during the joint lives of the said C. D. and A. B., the said C. D., or the issue (if any) of the said intended marriage should not be maintained and supported by the said A. B. to the satisfaction of the said trustees or trustee for the time being, or the major part of the said trustees, or if the said C. D. should survive the said A. B., and be disabled by illness, mental imbecility, or any other incapacity whatsoever, from providing for the maintenance and support of herself or her issue (if any) by the said A. B., that then and in that case, and from time to time, as often as the same shall happen, it shall and may be lawful to and for the said trustees or trustee for the time being to apply any part, not exceeding one half, of the dividends, interest, and income of the said trust monies, stocks, funds, and securities, during the life of the said A. B., or until his life interest of and in the said trust monies, stocks, funds, and securities shall have been determined, by force of the provision hereinbefore contained in that behalf, and the whole or any part of the same dividends, interest, and income, after the death of the said A. B., or (which shall first happen) after his life interest therein shall have been determined as aforesaid, and during the life of the said C. D., in or towards the maintenance and support of the said C. D. and her issue (if any) by the said A. B., or in or towards the education and schooling of the same issue, or in or towards any one or more of the purposes aforesaid, as circumstances shall require, as to the said trustees or trustee for the time being, or the major part of the same trustees, shall seem most proper and expedient; And that the receipt or receipts of the person or persons respectively to whom the said dividends, interest, and income, or any part thereof, shall at any time or times be paid, for all or any of the purposes aforesaid, shall be and be deemed an effectual discharge or discharges for so much of the same dividends, interest, and income, which shall be paid to him, her, or them, by such trustees or trustee, and shall discharge such trustees or trustee from being answerable or accountable for the misapplication or nonapplication thereof. my LVI. And I also direct my executors hereinafter named, or the survivors or survivor of them, or the executors or administrators of the survivor of them, to lay out and invest in his or their name or names such sum of money in the purchase of a share or shares of the public stocks or funds of Great Britain, or at interest upon real securities in England, as by the interest, dividends, or annual produce thereof will produce the weekly sum of shillings; and weekly, on the Monday of every week, to pay the same to A. B., servant, for and during the term of her natural life, for her support and maintenance, so and in such manner that she may receive the same for her sole use, separate and apart from and independent of any husband with whom she shall or may intermarry from time to time, and so and in such manner that she may not effectually anticipate, charge, assign, or encumber the growing payments thereof, and so and in such manner that the said weekly sum may not be subject to the claims of any person or persons to whom or in whose favour the said A. B., or any husband with whom she shall marry, shall attempt to sell, charge, or encumber the same, or of any person or persons to whom the said A. B. or her husband may become indebted, and so that the same. may not be liable to the claims of creditors under a fiat of bankruptcy, or under any act for the relief of insolvent debtors. And I direct, that the receipts of the said A. B. alone, as well when covert as sole, and notwithstanding her coverture, shall be sufficient discharges for the said last For trustees of a money fund of trustees. mentioned weekly sum, and the first payment thereof shall be made on the first Monday next after my decease; and that, subject to the same weekly payment, the stocks, funds, and securities to be appropriated as a fund for the payment of the same weekly sum, shall be deemed a part of the residue of my personal estate, and be subject to all the trusts hereinafter expressed and declared concerning the same. LVII. Provided always, and it is hereby declared and to employ a ceragreed by and between the parties to these presents, that in tain part of the case the said A. B. [wife] shall not, after the death of the income in the maintenance of said C. B. [husband], and thenceforth during her widowhood, children, unless maintain and educate the children of the said C. B. and maintained by the mother to A. B., his wife, to the satisfaction of the said E. F. and the satisfaction G. H. [trustees], or the survivor of them, his executors or administrators, then, notwithstanding any of the trusts hereinbefore contained in favour of the said A. B., it shall or may be lawful to and for the said E. F. and G. H., and the survivor of them, his executors and administrators, to retain and take any sum not exceeding £ a year during the widowhood of the said A. B., out of the dividends, interest, and income of the said trust monies, stocks, funds, and securities, and apply the said yearly sum of £ in the maintenance and education of all or any one or more of the children of the said C. B. and A. B. his wife, in such manner and in such proportions as the said E. F. and G. H., or the survivor of them, his executors or administrators, shall think fit. LVIII. Provided always, and it is hereby agreed and declared between and by the said parties to these presents, that if at any time or times the person or persons for the time being beneficially entitled to the possession, or to the rents, issues, and profits of the said manors, lands, and other hereditaments hereinbefore granted, released, and confirmed, or expressed and intended so to be, shall be under the age of twenty-one years, discovert and unmarried, then and in such case, and so often as the same shall happen, they the said A. B. and C. D., and the survivor of them, and the executors and administrators of such survivor, do and shall, |