her life, and after the decease of such survivor, for the surviving or continuing trustee or trustees for the time being, or the executors or administrators of the last surviving or continuing trustee for the time being, by any deed or writing, to be sealed and delivered by them, him, or her respectively, in the presence of and attested by two or more credible witnesses, to appoint one or more person or persons to be a trustee or trustees in the room of the trustee or trustees so dying, declining, or becoming incapable to act therein as aforesaid; and upon the appointment of any new trustee or trustees as aforesaid, all the said trust estate, monies, and premises shall be forthwith conveyed and assured to and vested in the new trustee or trustees jointly with the surviving or continuing trustee or trustees, or solely, as occasion shall require; and every such new trustee shall have such and the same powers and authorities and discretion, to all intents and purposes whatsoever, as if he had originally been nominated a trustee in these presents. Provided also, that the trustees hereby appointed or to be appointed by virtue of the proviso lastly hereinbefore contained, and each and every of them, shall be charged and chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed, notwithstanding his, her, or their giving or signing, or joining in giving or signing any receipt or receipts for the sake of conformity; and any one or more of them shall not be answerable or accountable for the others or other of them; and that they or any of them shall not be answerable or accountable for any loss, misfortune, or damage which may happen in the execution of the aforesaid trusts, or in relation thereunto (except the same shall happen by or through their own wilful default respectively); and that it shall be lawful for the said trustees hereby appointed and to be appointed as aforesaid, and every or any of them, their and every or any of their heirs, executors, administrators, and assigns, by and out of the monies which shall come to their or his respective hands by virtue of the trusts aforesaid, to retain and reimburse themselves and himself, and also to allow to his and their co-trustee and cotrustees all costs, charges, damages, and expenses which they or any of them shall or may sustain, expend, disburse,

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 appointed or to be appointed as hereinafter is mentioned shall depart this life, or decline to act in the trusts hereby in them reposed, then and in such case it shall and may be 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.

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

To appoint new declaration of indemnity and

trustees, with

reimbursement.

(Short form).

To appoint new

trustees.

(In wills).

To appoint new trustees, with clauses of in

demnity and re

imbursement.

(Short form, in wills).

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 trus-
tees 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 there-
upon,
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 for-
mer trustee or trustees of the said trust premises; or in case
there shall be no continuing trustee of the said trust pre-
mises, 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 ex-
pressed and declared of and concerning the same trust pre-
mises respectively, of which the trustee or trustees shall so
die, be desirous to be discharged, or refuse, decline, or be-
come 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 au-
thorities 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).

CLV. Provided also, that if either of the said trustees hereby appointed or to be appointed as hereinafter is mentioned, shall depart this life or decline or become incapable to act in the trusts hereby reposed in them respectively, 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 incapa-
ble 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 occa-
sion 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 re-
posed.

my

CLVI. Provided always, and I direct that A. B. brother in law shall, from and after he shall attain the age of twenty-one years, and thenceforth, be deemed one of the trustees hereinbefore named as fully and effectually, to all intents and purposes, as if he had been named one of the 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 will; 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.

CLVII. And I hereby further direct, that for the purpose of facilitating the execution of all or any of the trusts of this my will, it shall and may be lawful to and for any one

For two persons

respectively to

ferees, and for

referees to appoint another,

ation.

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.

CLVIII. Provided always, and in case each or either of appoint new re- them the said A. B., C. D., and E. F. shall depart this life before such valuation and determination shall be made, then it shall be lawful to and for the said G. H., his executors, time for making administrators, or assigns, to appoint another referee in the their determin- place or stead of the said A. B., and to and for the said 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