For husband to take a given quantity of land out of settlement, and to revoke uses, and to appoint same by deed or will. writing of the said I. K. and L. M., or the survivor of them, or the trustee or trustees who for the time being shall be substituted in his or their place or stead, and at any time or times, and from time to time, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by him in the presence of two or more credible witnesses, and to be attested by the same witnesses, to alter, revoke, and determine all or any of the uses, trusts, ends, intents, and purposes, powers, provisoes, limitations, declarations, and agreements hereinbefore limited, expressed, and declared of and concerning the messuages, closes, lands, tenements, and hereditaments hereby released or otherwise assured; and by the same or any other deed or deeds, instrument or instruments in writing, to be so sealed and delivered and attested as last mentioned, and with such consent in writing, as last hereinbefore is expressed, from time to time to direct, limit, and appoint all or any of the messuages, closes, lands, tenements, and hereditaments hereby released or otherwise assured, or intended so to be, to such uses, upon such trusts, and for such ends, intents, and purposes, and under and subject to such powers, provisoes, declarations, and agreements, as the said A. B. shall think fit to limit, express, and declare of and concerning the same, either for the benefit of the said A. B., his heirs or assigns, or of any other person or persons whomsoever, anything hereinbefore or hereinafter contained to the contrary in anywise notwithstanding. CXLIII. Provided always, and it is hereby further agreed and declared by and between all the said parties to these presents, as far as they respectively are interested, that it shall and may be lawful to and for the said A. B., at any time or times hereafter, during his life, with the consent and approbation in writing of the said E. F. and G. his wife, if they shall be both living, and after the death of one of them, then with the consent and approbation in writing of the survivor of them, and after the death of the survivor of the said E. F. and G. his wife, then in the discretion of the 'said A. B. alone, and as to, for, and concerning only and as far as relates to any part or parts not exceeding ten acres of ground, parcel of the closes &c. hereby released &c., and not then occupied by buildings, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by him in the presence of two or more credible witnesses, and to be attested by the same witnesses, or by his last will and testament in writing, or any codicil or codicils thereto, to be signed and published by him in the presence of two or more credible witnesses, and to be attested by the same witnesses, to alter, vary, change, or revoke and determine all or any of the uses, trusts, powers, provisoes, declarations, charges, and agreements hereinbefore limited, expressed, and declared of and concerning such closes, lands, and hereditaments not exceeding ten acres; and by the same deed or deeds, instrument or instruments in writing, will or wills, codicil or codicils, or by any other deed or deeds, instrument or instruments in writing, to be sealed and delivered and attested as aforesaid, or by any other will or wills, codicil or codicils thereto, to be signed, published, and attested as aforesaid, to appoint any new or other use or uses, trust or trusts, ends, intents, and purposes of or concerning the closes, lands, and hereditaments, as to which the uses shall be so altered, varied, changed, revoked, or determined as last mentioned; and either for the benefit of the said A. B., his heirs or assigns, or of any other person or persons whom he or they shall direct, limit, or appoint, any thing hereinbefore or hereinafter contained to the contrary thereof in anywise notwithstanding. CXLIV. Provided always, and it shall or may be lawful Of revocation in to and for the said E. F. and G. H. during their joint lives, an appointment. and they hereby reserve to themselves full power and authority, by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by them in the presence of two or more credible witnesses, and to be attested by the same witnesses, to revoke all and singular or any of the trusts hereby declared for the benefit of all or any one or more of their daughters, begotten or to be begotten, so and in such manner that the property to which and as far as such revocation shall extend, may stand settled and limited in the same manner, and subject to the same power of appointment, as if these presents had not been made and exe Of revocation in an appointment of one-fourth part. Of revocation and new ap- cuted, any thing hereinbefore contained to the contrary notwithstanding. CXLV. Provided always, and notwithstanding all or any of the limitations or trusts hereinbefore expressed and declared of and concerning the said one-fourth part or other share of the said residue, but subject nevertheless and without prejudice to the right of the said A. B. to receive the dividends, interest, and income thereof, which shall become due during her life, it shall or may be lawful to and for the said A. B., at any time or times, and from time to time during her life, by any deed or deeds, writing or writings, to be sealed and delivered by her in the presence of two or more credible witnesses, and to be attested by the same witnesses, or in other manner conformable to her said power, any to alter, vary, revoke, annul, and determine all and every or any of the trusts, powers, and provisions hereinbefore expressed, declared, and contained of and concerning all or any part of the said one-fourth part or other share of the said residue, or the produce thereof, or the stocks, funds, and securities in and upon which the same shall be invested, and the dividends, interest, and income thereof, or any estate or interest therein, to the intent and so that the power of the said A. B. may revive and be restored, and may be exercisable anew, as far as such revocation or alteration shall extend. CXLVI. Provided always, and in the event that the said A. B. shall survive the said C. B. her husband, then and in that case it is my will that it shall or may be lawful to and for the said A. B., at any time or times after the decease of her said husband, by any deed or deeds, writing or writings, to be sealed and delivered by her in the presence of two credible witnesses, and to be attested by the same witnesses, to revoke all or any of the uses, trusts, powers, or provisions hereinbefore limited, expressed, and declared of and concerning the said capital messuage at M. aforesaid, and the out-houses, gardens, and pleasure-grounds belonging thereto, and those parts of the farm which shall be selected by her as aforesaid, or any part or parts thereof, or the money arising from the sale of the same; and by the same or any other deed or deeds, instrument or instruments in writing, to be sealed and delivered by her, and attested as aforesaid, to limit, direct, or appoint the same capital messuage, out-houses, gardens, pleasure-grounds, and parts of the said farm with the appurtenances, and money, or any part or parts thereof, and as well the legal as the equitable estate of the said messuage and other hereditaments, to such person or persons, and for such ends, intents, and purposes as she shall think fit; And I further direct, that all money due on the security of the same messuage and other hereditaments at my death shall be paid and satisfied out of my personal estate and the money arising from the sale of the residue. of the said farm, under the direction hereinafter contained, in exoneration of the said messuage and other hereditaments so devised for the benefit of the said A. B. as aforesaid. CXLVII. Provided always nevertheless, that when and so often as the said E. F. shall require the said A. B. and C. D., or the survivor of them, or the heirs, executors, administrators, or assigns of such survivor, to carry into execution the power of sale and exchange first hereinbefore contained, or the power lastly hereinbefore contained, then and in every such case it shall and may be lawful to and for the said trustees or trustee, if they or he shall think proper, to consult counsel in the law as to the propriety and expediency of any such measure; and they or he shall not be obliged to join or concur in carrying the same into execution, if such counsel think it unsafe or improper for them or him so to do. For trustees to consult counsel diency of carrying powers into execution. as to the expe To separate and appropriate a certain sum of CXLVIII. And it is hereby further declared and agreed by and between the parties to these presents, that with the consent in writing of the said A. B. on the one part, and of money from a general fund the said C. D. and E. his wife, or the survivor of them, on before the time the other part, the said sum of £ shall and may be previously apraised and appropriated during the lifetime of the A. B., to be held upon the trusts hereinbefore limited, expressed, and declared of and concerning the same sum of raised, resi£- -; subject nevertheless and without prejudice to the said pointed for the appropriation, and upon such sum being due of trust monies to be exonerated (a). To appoint new trustees, with cation and new appointment, and clauses of indemnity and reimbursement. right of the said A. B., during his life, to receive and take the dividends, interest, and income of the same sum of £, or the stocks, funds, and securities in and upon which the same shall from time to time be invested; and that when and as soon as the said sum of £— shall be raised, the residue of the said trust monies shall be discharged from the payment of that sum, any thing hereinbefore contained to the contrary notwithstanding. CXLIX. Provided always, and it is hereby agreed and depowers of revo-clared between and by the said parties to these presents, that if the trustees in and by these presents nominated and appointed, or any of them, their heirs, executors, administrators, or assigns, or any future trustee or trustees to be appointed in the place of them or any of them, as hereinafter is mentioned, shall happen to die or be desirous of being discharged of and from, or refuse or decline or become incapable to act in the execution of the trusts hereby in them respectively reposed as aforesaid, before the said trusts shall be fully executed, performed, or discharged, then and in such case, and when and so often as the same shall happen, it shall and may be lawful to and for the said E. F. and G. H. his intended wife, or the survivor of them, or the executors or administrators of such survivor, by any writing or writings under their, his, or her hands and seals or hand and seal, and to be attested by two or more credible witnesses, from time to time to nominate, substitute, or appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying, or desiring or refusing, declining or becoming incapable to act as aforesaid; and that when and so often as the new trustee or trustees shall be nominated or appointed as aforesaid, all the trust estates, monies, and premises which shall be then vested in the trustee or trustees so dying, or desiring to be discharged, or refusing, declining, or becoming incapacitated to (a) This Power will often be found useful, both in deeds and wills, for the purpose of enabling the person entitled to the surplus to call for the payment, either upon the ground of his own exclusive right, or with the concurrence of persons entitled to particular interests. |