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or be put unto, in or about the execution of the aforesaid trusts, or in anywise relating thereto.

CLIII. Provided also, that if any of the trustees hereby To appoint new appointed or to be appointed as hereinafter is mentioned declaration of shall depart this life, or decline to act in the trusts hereby indemnity and

reimbursement. in them reposed, then and in such case it shall and may be (Short form). lawful to and for the said A. B. and C. D., and the survivor of them, during their, his, or her lives or life, and after the decease of such survivor, for the surviving or continuing trustees or trustee, or the executors or administrators of the last trustee, to appoint one or more person or persons to be a trustee or trustees in the room of the trustee or trustees so dying or declining to act; and thereupon the said trust estates, monies, and premises shall be vested in the same trustee or trustees solely or jointly with the surviving or continuing trustee or trustees as occasion shall require; and every new trustee shall have the same

powers and authorities to all intents and purposes as if he had been originally nominated a trustee in these presents. Provided also, that the trustees hereby appointed or to be appointed as hereinbefore is mentioned shall not be answerable or accountable the one for the other of them, or for the signing receipts for the sake of conformity, or for any involuntary loss; and that it shall be lawful for them to reimburse themselves their costs and expenses in discharging their trusts.

trustees,

CLIV. Provided always, and I do hereby declare, that in To appoint new case the before-named trustees, or any of them, or any suc

(In wills). ceeding trustees or trustee to be nominated as hereinafter is mentioned, shall die, or be desirous to be discharged from, or refuse or become incapable to act in the aforesaid trusts before the same shall have been fully satisfied or performed, then and so often as the same shall happen it shall and may be lawful to and for the surviving or continuing trustees or trustee of the trust premises, the trustees or trustee of which shall so die, desire to be discharged, or decline or refuse or become incapable to act as aforesaid, by any note or writing under their or his hands or hand to nominate, substitute, and appoint any other person or persons to be a

trustee or trustees in the stead or place of the trustee or trustees who shall so die, or be desirous to be discharged, or refuse, decline, or become incapable to act as aforesaid; and that when and so often as any such new trustee or trustees shall be nominated as aforesaid, all and every the trust estate and premises respectively, the trustees or trustee of which shall so die, be desirous to be discharged, or refuse, decline, or become incapable to act as aforesaid, shall thereupon, with all convenient speed, be conveyed, assigned, and transferred respectively in such sort and manner, and so that the same may be legally and effectually vested in the newly appointed trustee or trustees jointly with the continuing former trustee or trustees of the said trust premises; or in case there shall be no continuing trustee of the said trust premises, then in such newly appointed trustee or trustees only, to the several uses, upon the several trusts, and to and for the several intents and purposes hereinbefore by me expressed and declared of and concerning the same trust premises respectively, of which the trustee or trustees shall so die, be desirous to be discharged, or refuse, decline, or become incapable to act as aforesaid ; and so that every such new trustee shall and may in all respects act and assist in the management, carrying on, and execution of the trusts to which he shall be so appointed as aforesaid, as fully and effectually, and with all such and the same powers and authorities whatsoever, as if such new trustees or trustee had been originally by me appointed and nominated, and as the surviving or continuing trustees or trustee could have done by virtue of or under this my will (a).

To appoint new CLV. Provided also, that if either of the said trustees trustees, with clauses of in

hereby appointed or to be appointed as hereinafter is mendemnity and re- tioned, shall depart this life or decline or become incapable imbursement. (Short form, in to act in the trusts hereby reposed in them respectively, wills).

then and so often as it shall so happen, it shall be lawful for the surviving or continuing trustee for the time being, his executors or administrators, but with the consent in writing

(a) Add clauses of indemnity and reimbursement.

of my

said wife, during her life, by any writing or writings under his or their hand or hands, to appoint one or more person or persons to be a trustee or trustees in the room of the trustee or trustees so dying, or refusing or becoming incapable to act as aforesaid ; and thereupon the said trust estates, monies, and premises, shall be vested in the new trustee or trustees jointly with the remaining trustee, or solely, as occasion shall require; and every such new trustee or trustees shall have the same powers and authorities and discretion to all intents and purposes whatsoever, as if he or they had been originally. nominated a trustee or trustees in this my will. And I hereby further declare my will and mind to be, that the trustees hereby appointed or to be appointed as aforesaid shall not be answerable the one for the other of them, nor for involuntary losses; and that it shall and may be lawful for them to reimburse themselves, and to allow to their or his co-trustee or co-trustees their costs and expenses respectively in discharging the trusts hereby in them reposed.

CLVI. Provided always, and I direct that A. B. my That a certain brother in law shall, from and after he shall attain the age minor) shall be of twenty-one years, and thenceforth, be deemed one of the a trustee when trustees hereinbefore named as fully and effectually, to all with other trus

of age, jointly intents and purposes, as if he had been named one of the tees.

(In wills). said trustees, and the said trust estates and property had been devised to and to the use of the said trustees jointly with the said A. B., and to their heirs, executors, administrators, and assigns, any thing hereinbefore contained to the contrary notwithstanding; but I direct that the minority of the said A. B. shall not suspend or delay the execution of all or any of the trusts of this

my

and that on the contrary, the consent or concurrence of the said A. B. shall not during his minority be essential or necessary to the exercise or performance of all or any of the same trusts.

will;

CLVII. And I hereby further direct, that for the pur- For trustees to pose of facilitating the execution of all or any of the trusts appoint each

other attorney. of this my will, it shall and may be lawful to and for any one (In wills).

or more of the said trustees for the time being to appoint any other or others of them his or their attorney or attornies to act in the exercise or execution of the same trusts, as far as respects the sale or disposition of all or any of my trust estates hereby directed to be sold, or the management or cultivation of any of my plantations, and to enter into any contract or contracts for sale, and to execute any conveyance or conveyances for carrying the same sale or sales into effect, and giving receipts or other discharges for the purchase money; and that the trustee or trustees so deputing or appointing another or others of them, shall not be in any manner answerable or accountable for any act or acts which shall be done, or any money which shall be received by virtue of such authority; since I consider it beneficial to the persons interested in the produce of my trust property, that such authority should be given when and as often as it shall be deemed expedient, as a means of facilitating the execution of the trusts of this my will, and providing against any inconvenience in the number of trustees, or the residence of some of them at a distance from the place at which the trusts are to be most conveniently carried into effect.

For two persons

CLVIII. Provided always, and in case each or either of respectively to appoint new re- them the said A. B., C. D., and E. F. shall depart this life ferees, and for

before such valuation and determination shall be made, then referees to apo point another,

it shall be lawful to and for the said G. H., his executors, and to enlarge time for making

administrators, or assigns, to appoint another referee in the etermin- place or stead of the said A. B., and to and for the said ation.

I. K., his executors, administrators, or assigns, to appoint another referee in the place or stead of the said C. D., and to and for the said A. B. or the referee who shall be appointed in his place or stead, and also to and for the said C. D. or the referee who shall be appointed in his place or stead, to join together in naming another referee in the place or stead of the said E. F.; and that such referees for the time being, or any two of them, shall have and may exercise the authorities hereinbefore contained and given to the said A. B., C. D. and E. F., or any two of them; and that the referees, or any two of them, shall have and may exercise the

power of enlarging the time for making such their valuation and certifying their determination, till any time not exceed

ing the

lay of

and to enable

Or

CLIX. Provided always, and in case all or any or either To supply a of them the said A. B., C. D., and E. F., or any person or number of re

vacancy in the persons to be substituted in their or any or either of their ferees by death, place, shall depart this life before such final award or deter

new referees to mination as aforesaid shall be made, then and in that case proceed on the

resolutions of it shall or may be lawful to and for the said G. H., as to the the former resaid A. B. or the person who from time to time shall be ferees, &c. substituted in his place, and to and for the said I. K., as to the said C. D. or the person who from time to time shall be substituted in his place, and to and for the referees for the time being, as to the said E. F. the

person

who from time to time shall be substituted in his place, to nominate and appoint, from time to time, a referee or referees in the stead or place of the referee or referees so dying; and that every referee so appointed shall have all such powers and authorities as the person or persons in whose place he shall be substituted; and that the referees for the time being shall carry on the proceedings of the former referees without entering anew on the matters in difference, and accordingly shall adopt the resolutions of the former referees, as far as the same referees shall have made any progress in the settlement of the accounts, or in adjusting the matters in difference, and shall have come to any resolution concerning any item or items thereof, so as such resolution shall appear by writing under the hands of the said referees for the time being, or some two of them; and that the several covenants and agreements hereinbefore contained shall extend to the award or determination of the referees for the time being, and to their directions, orders, and regulations, as fully and effectually as if the person or persons appointed in the place of any deceased referee or referees had been originally named and appointed by these presents; and that any two of the said referees for the time being shall be competent to proceed on the matters in difference; and that it shall be no objection to the award of two of the said referees, that both of them

VOL. II.

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