or be obliged or required to inquire whether any such sale or sales, mortgage or mortgages, is or are necessary for the purposes hereinbefore mentioned; and that every receipt which shall be given by the said A. B. and C. D., or the survivor of them, his executors, administrators, or assigns, for such purchase or mortgage money, or any part thereof, shall be a good, valid, and sufficient acquittance and discharge for the sum or sums of money which therein or thereby respectively shall be acknowledged or expressed to be or to have been received (a). And I further direct, that when and as soon as all the said legacies shall be paid or retained, the said A. B. and C. D., or the survivor of them, his executors or administrators, shall release the power or authority hereby given to him and them; and that after such release, no person or persons shall be obliged or required to inquire whether all or any of the said legacies remain unpaid: And in case any sale or sales, mortgage or mortgages, shall be made of all or any part of the said freehold and copyhold messuages, lands, tenements, and hereditaments, in pursuance of the power hereinbefore contained, then I further direct, that any money which shall afterwards be collected or received on account of my personal estate shall be applied in discharge of such mortgage or mortgages; and that the amount of any money which shall have been raised by any sale or sales [or the amount thereof], and also any money arising from such sale or sales, mortgage or mortgages, and which shall remain after answering the purposes aforesaid, shall be laid out in the purchase of other lands, to be settled at the expense of my personal estate, to the same or the like uses as the lands to be sold shall stand limited at the time of the sale thereof respectively; and subject and without prejudice to the power or authority hereinbefore contained, I give, devise, &c. (a)" And that the certificate or declaration of the said A. B. and C. D., or the survivor of them, his executors, administrators, or assigns, that he and they have or hath not been able to collect money sufficient to pay all the legacies hereby given and bequeathed, except as aforesaid, shall be conclusive evidence of the fact.” LXXIV. Provided always, and it is hereby declared and agreed, by and between the parties to these presents, that notwithstanding any thing hereinbefore contained, if the said A. B., his heirs, executors, administrators, or assigns, do and shall, at any time before such sale as aforesaid shall be made, pay to the said C. D. and E. F., or the survivor of them, his executors, administrators, or assigns, the said sum of £, and all interest then due for the same, it shall or may be lawful to and for the said C. D. and E. F., or the survivor of them, his heirs or assigns, to reconvey the said messuage &c. hereby released or otherwise assured, or intended so to be, unto and to the use of the said A. B., his heirs or assigns, or as he or they shall direct or appoint, absolutely discharged of and from the trusts hereinbefore declared for securing the payment of the said sum of £ and the interest thereof, although the said sum of £and the interest thereof, or any part of the same, shall continue due and owing on the security of the same messuages &c., or any of them. For trustees for sale to reconvey on the payment of a particular debt, although other debts to be raised under the trusts which are declared been discharged. shall not have for the purpose set apart pur. LXXV. And I further direct, that for the purpose of That trustees giving effect and carrying into execution any sale or sales to be made under the trusts of this my will, it shall and may be lawful to and for the trustee or trustees for the time being of this my will to consent that all or any part of the money to arise from such sale or sales shall or may be appropriated or set apart, either in the name or names of the said trustee or trustees, or of any other trustee or trustees to be appointed for that purpose, for a given time or till a given event, to be limited in that behalf, as an indemnity to the purchaser or purchasers of the same land respectively, and his, her, or their heirs, executors, administrators, or assigns, in such manner and upon such terms as my said trustee or trustees in his or their discretion shall think fit. LXXVI. Provided always, that notwithstanding any of the trusts hereinbefore contained, it shall be lawful for the said (a) Where a testator, giving trusts for sale, has only a doubtful title, this is a very useful clause. To transfer the incumbrances of one estate to another, and make an insur fund for the in demnity of pur chasers for a given period or event. trustees or trustee for the time being, in his or their discreance for answer- tion, from time to time to transfer all or any one or more of ing a contingent the charges and incumbrances from any one or more of the annuity, and appropriate a fund said trust estates to any other or others of them, or to make for payment of any one or more of the said trust estates a fund for the insuch insurance and expenses, demnity of any other or others of them against the said and another charges and incumbrances, and so from time to time as often as occasion shall require; and also to make an insurance on the life of the said A. B., so as to provide a fund for answering and paying the said annuity of £, and to appropriate a fund for answering the premiums and other incidental expenses of such insurance, or to buy a like annuity of £for the life of the said C. D., to commence on the death of her said husband, to be a fund either for answering the same annuity, or to be settled in lieu and satisfaction thereof, or to be an indemnity to the person or persons who shall purchase the said trust estates, charged or chargeable with the same, and to retain out of the said trust monies all payments which shall be made by the same trustee or trustees for any of the purposes mentioned in this provision; and also to appropriate and set apart a sufficient part of the money to arise by such sale or sales, either in the name or names of the same trustee or trustees, or any other trustee or trustees to be appointed for that purpose, for a given time, or until a given event to be limited in that behalf as an indemnity to the purchaser or purchasers of the same trust estates respectively, and his, her, or their heirs, executors, administrators, or assigns, against the said annuity, in such manner and upon such terms as the said trustee or trustees for the time being in his or their discretion shall think fit; and subject thereto, upon the trusts hereinbefore declared thereof. To appropriate a sum in purchase of £3 per cents. LXXVII. Provided always (a), and I direct that it shall or may be lawful to and for my trustee or trustees for the (a) Variation of this form; the object being to throw the charge of the annuity at once upon the personal estate : calendar "And it is my will, and I hereby direct that my executors answer annuities under a certain after such ap amount, and propriation such annuities to charge on escents. so purtates, and £3 per chased to be cease to be a held on trusts declared of time being to set apart in his, her, or their name or names, as a fund to a sum or sums of money in the purchase of £3 per cent. Consolidated or £3 per cent. Reduced Annuities, as a fund to answer such and so many of the said several annuities as are severally of an amount under £ a year; and that immediately after such appropriation, and a declaration of trust executed by the same trustee or trustees, such and so many of the said annuities as shall be secured by £3 per cent. Consolidated or £3 per cent. Reduced Annuities, and by dividends thereon equal to answer the same annuities, shall cease to be a charge on any other part or parts of my trust estate, and the same trust estate shall be discharged from the same annuities accordingly; and that the £3 per cent. Consolidated or £3 per cent. Reduced Annuities, to be so purchased, shall, subject and without prejudice to the same annuities during the continuance thereof, be held upon, under, and subject to the same trusts as are hereinbefore expressed and declared of and concerning my said trust monies, stocks, funds, and securities. other trust-mo nies. (In wills). application of persons entitled tenants in tail LXXVIII. Provided always, and I hereby direct, that if For trustees on any person or persons entitled to be tenant or tenants of an estate tail in possession of the lands and hereditaments to be purchased with such trust monies, or any part thereof, shall, before the application of such trust monies, require the same money, or the part or share thereof which shall be equal to his, her, or their part or share in the lands and hereditaments directed to be purchased as aforesaid, to be his or their name or names an adequate sum of money by and out of my personal estate in the purchase of £3 per cent. Consols, or £3 per cent. Reduced Annuities, as a fund to answer the said annuity of £, and that immediately after such appropriation, and a declaration of trust &c. [as above], the said annuity shall cease to be a charge on any other part or parts of my estate; and from that time all my real, and the residue of my personal estate shall be exonerated and discharged from the payment of the same annuity." to be tenant or purchase to him or them, dis charged from trusts; and in demnity to trustees. (In wills). . For trustees to to son while in To pay share of trust-monies of issue to guardian or guardians to be held on like trusts, and such guardians to like powers, in stead of present trustees; and paid to him, her, or them respectively, then and in that case such money shall be paid to him, her, or them respectively, by the trustee or trustees of the same money; and the same money shall be discharged of and from all the trusts hereinbefore contained, for the investment and application of the same money in the purchase of lands and hereditaments directed to be purchased and settled as aforesaid; and the said trustee or trustees shall be, and is by this my will declared to be indemnified in making such payment, any thing hereinbefore contained to the contrary notwithstanding. LXXIX. Provided always, and it is my will, and I do hereby expressly declare, that in case my said son A. B. shall at any time or times personally, and when in trade, demand of my said trustee or trustees for the time being the payment of all or any part of the said trust monies by any note in writing under his hand, it shall and may be lawful to and for my said trustee or trustees, and he and they is and are hereby directed and required, upon every such demand, to pay to my said son A. B. for his own absolute use and benefit, so much and such parts of the same trust monies, of which the payment shall from time to time be so demanded, or to transfer or assign to my said son A. B. the stocks, funds, or securities in or upon which the trust monies so required shall be then invested. And it is my will, and I do hereby further declare, that from and immediately after every such payment, transfer, or assignment, so much of the same trust monies, stocks, funds, and securities, as shall from time to time be so paid, transferred, or assigned, shall be paid and absolutely discharged of and from the trusts, provisoes, and declarations in this my will declared and contained concerning the same. LXXX. Provided always, and it is hereby further declared and agreed by and between the said parties hereto, as far as they respectively are interested, and the said E. F. and G. his wife do hereby direct and appoint that it shall and may be lawful to and for the said A. B. and C. D., or the survivor of them, or the executors, administrators, or assigns of such survivor, or the trustee or trustees for the |