That during

minority of per

sons entitled to

rents, same shall be applied on trust to pay taxes and repairs, interest of incumbrances and maintenance, surplus

in reduction of

incumbrances

and redemption of land-tax &c.,

and afterwards in purchase of freehold property. (In wills).

or persons shall be of the age of twenty-one years, or being a female or females, shall be married to a person of that age), notwithstanding the continuance of the lives or life of both or either of them the said C. D., and E. F. my wife, [annuitants], so as £ in money, or £ in 3 per cent. Bank Annuities, shall be reserved and retained by the said trustee or trustees to answer the growing payments of the said annuity or yearly sum of £— during the continuance thereof, and so as £ in money, or £ in 3 per cent. 'Bank Annuities, shall be reserved or retained by the said trustee or trustees for the time being, to answer the growing payments of the said annuity of £ or £ as the case shall require, during the continuance of the same annuity.

LXII. Provided always, and I direct that during the minority of any person or persons who for the time being shall be entitled to the possession or to the receipt of the rents and profits of my said manor and hereditaments settled and also directed to be settled as aforesaid, the rents and profits of the same lands and hereditaments respectively shall be taken by the trustee or trustees for the time being of this my will; and that in the first place there shall be answered and paid thereout the annual and usual outgoings of taxes and repairs; and afterwards and in the next place, the interest of any incumbrance which shall affect the said lands and hereditaments or any of them; and in the next place, a competent sum or sums of money, in the discretion of the trustee or trustees, to be applied in the maintenance, education, and advancement of the person or persons respectively for the time being entitled to the possession, or to the receipt of the rents of the said lands and hereditaments respectively; and that the residue or surplus, if any, of the said rents, shall be applied in reducing or discharging the existing incumbrances, or in redeeming the land tax; and in case all such incumbrances shall be discharged, and all such land tax redeemed, then in the purchase of freehold hereditaments of inheritance, to be settled to the same or the like uses, upon the same or the like trusts, and for the same or the like ends, intents, and purposes, and under and subject

to the same or the like powers, provisoes, limitations, and directions, as are hereinbefore declared of and concerning the lands and hereditaments to be purchased with the surplus of the money arising from such sale or sales as aforesaid.

LXIII. Provided always, and notwithstanding any thing hereinbefore contained, it shall and may be lawful, to and for the said A. B., and his first and other sons, and also for the said C. D., and his first and other sons, and for the said E. F., and his first and other sons, and for the said G. H., and his first and other sons, or any of them, when respectively in possession of the premises by virtue of this my will, to bargain and sell in fee simple any of the lands hereby devised lying intermixed with other lands, so as lands of like value of any other person or persons, lying intermixed with or convenient for the lands hereby devised, be granted and conveyed to the uses above mentioned, in lieu of the lands to be bargained and sold as aforesaid.

LXIV. And it is hereby provided, declared, and agreed, Another form. by and between all the parties to these presents, that notwithstanding any of the uses or trusts hereinbefore or hereinafter limited, expressed, declared, and contained, it shall or may be lawful to and for each of them the said A. B., C. D., and G. H., and his first and other sons, when and as each of them respectively shall be in possession or receipt of the rents of the said messuages &c., or any part of the same respectively, under the uses, trusts, or limitations hereinbefore contained, and with the consent in writing of the said I. K. during his lifetime, and after his death in the discretion of each of the same persons respectively, to bargain and sell in fee simple any of the same messuages &c., so as lands of equal or greater value of any other person or persons lying intermixed with or convenient for the messuages hereinbefore released &c., and hereinafter covenanted to be surrendered &c., shall be settled to the uses hereby limited or declared, or such of them as shall be subsisting and capable of taking effect, in lieu of the messuages &c. to be bargained and sold as aforesaid.

To sell and dispose of real estate, pay debts and legacies, &c.; after pay

ment, re-invest

monies and pur

LXV. And I hereby authorize and empower my said trustees, and the survivor or survivors of them, and the heirs and assigns of such survivor, at any time or times after my death, at his, her, or their will and pleasure, to sell and dispose of all or any part of my real and personal estates; and after paying my debts, legacies, and funeral expenses before to be considered mentioned, to reinvest and lay out the monies produced by such sale in the purchase of other lands and tenements; and till such purchase can be made, I direct that the money arising by such sale shall be considered as real estate, and be subject to the limitations declared of my said real estate (a).

chase lands, &c.,

and until pur

chase, money

real estate.

To sell leasehold estates, and to invest

the money upon the original

trusts.

LXVI. Provided always, and it is hereby declared and agreed, that notwithstanding any of the trusts hereinbefore declared, all or any part of the said messuages &c. shall or may be absolutely sold and disposed of by the said A. B. and C. D. [trustees], or the survivor of them, his executors or administrators, with the consent in writing of the said E. F. and G. H., or the survivor of them, for any price which he or they shall think reasonable; and that in case of such sale, the money to arise or be produced from the same shall be paid to the said A. B. and C. D., or the survivor of them, his executors or administrators, without any necessity or obligation on the part of the purchaser or purchasers thereof, to see the application of such money, or any liability for the misapplication of the same, so as he, she, or they shall take the receipt or receipts of the said A. B. and C. D., or the survivor of them, his executors or administrators, for the same money; And further that the money arising from such sale or sales shall, with the consent in writing of the said E. F. and G. H. during their joint lives, and after the death of one of them with the consent in writing of the survivor of them, and after the death of the survivor of them, then in the discretion and of the proper authority of the said A. B. and C. D., or the survivor of them, his executors or administrators, be invested at interest on real or government securities; and that such securities (with such consent or in such

(a) This power is concise, but cannot be safely acted upon without many additional provisions.

discretion as aforesaid) shall be varied, and transferred from time to time, as occasion shall require; And moreover that the same money, and the securities in and upon which the same shall from time to time be invested, and also the interest and dividends thereof, shall be held upon the same or the like trusts as are hereinbefore expressed and declared of and concerning the messuages, &c. respectively, from which such money respectively shall arise or be produced, and of and concerning the rents and income of the same messuages or tenements and premises respectively.

LXVII. Provided always, and it is hereby declared and Another form. agreed, that notwithstanding any of the trusts herein before declared, all or any part of the said messuages, &c. shall or may be absolutely sold and disposed of by the said A. B. and C. D., and the survivor of them, his executors or administrators, with the consent in writing of the said E. F. and G. H., or of the survivor of them, for any price which he or they shall think reasonable, and that in case of such sale the money to arise or be produced from the same shall be paid to the said A. B. and C. D., or the survivor of them, his executors or administrators, without any necessity or obligation on the part of the purchaser or purchasers thereof to see the application of such money, or any liability for the misapplication of the same, so as he, she, or they shall take the receipt or receipts of the said A. B. and C. D., or the survivor of them, his executors or administrators, for the same money; And further that the money arising from such sale or sales shall, with the consent in writing of the said E. F. and G. H. during their joint lives, and after the death of one of them, with the consent in writing of the survivor of them, and after the death of the survivor of them, then in the discretion and of the proper authority of the said A. B. and C. D., or the survivor of them, his executors or administrators, be invested at interest on real or government securities, and that such securities, with such consent or in such discretion as aforesaid, shall be varied and transposed from time to time, as occasion shall require; And moreover that the same monies and the securities in and upon which the same shall from time to time be invested, and also the interest and dividends thereof, shall be held upon the same or

To sell leaseholds, and to convert into

money sum in

stocks; to invest produce, vary securities, on trusts declared; power to trus

tees to purchase annuity with

insure same if

and pay ex

penses and trusts

and insurance

money.

the like trusts as are hereby expressed and declared of and concerning the messuages, &c. respectively, from which such money respectively shall arise or be produced, and of and concerning the rents and income of the same messuages or tenements and premises respectively.

LXVIII. Provided always, and it is hereby further declared and agreed by and between the 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, or assigns of such survivor, at any time or times, and from time to time, during the life of the said G. H., with the consent of the said G. H., to be testimoney produced fied by some writing under her hand, and after her decease, by repurchase of then in the discretion and of the proper authority of them a former annuity, and to the said A. B. and C. D., or the survivor of them, his exefor one life only, cutors or administrators, either by public sale or private contract, to sell and dispose of the said leasehold messuages, of such annuity, &c. for the residue of the term hereby granted therein, and also to sell and dispose of and convert into money all or any part of the said sum of £3 per cent. Consolidated Bank Annuities, and to lay out the money arising from such sale or disposition, or to be received for the repurchase of the said annual sum of £, in or upon any of the government stocks or funds of Great Britain, or real securities in England or Wales, and alter, vary, and change the securities in or upon which the same trust monies shall from time to time be invested, as occasion shall require, or as the said G. H., and after her decease, then as the said A. B. and C. D., or the survivor of them, and the executors, administrators, or assigns of such survivor, shall think fit; And that all such trust monies, stocks, funds, and securities shall be held upon, under, and subject to the same or the like trusts, and for the same or the like ends, intents, and purposes as are hereinbefore expressed and declared of and concerning the said sum of £- 3 per cent. Consolidated Bank Annuities. Provided always, and all or any part of the sum to be received for the repurchase of the said annual sum of £ shall or may be laid out or invested by the said trustee or trustees for the time being, at any time during the