and their own proper use and benefit respectively, during the life of the parent, as if such parent were dead; and in case no such issue shall be in existence, then during the vacancy or contingency of such issue, the person next entitled for the time being, under the limitations aforesaid, to a vested remainder in the said hereditaments and premises expectant on the decease of such tenant for life, and failure of issue of the body of her children inheritable as aforesaid, shall and may be entitled to the said rents and profits, for. his, her, and their proper use and benefit respectively, without any exclusion of or prejudice to the estate, interest, or right of any such children or issue afterwards coming into existence from or after the time of birth of such children or issue respectively.

LXVII. Provided also, and my will further is, that in case any such person or persons, or any such tenant for life or in tail male, or in tail, or, being a female or females, her or their husband or husbands, shall, for the space of two years next after the time hereby appointed for that purpose, refuse or neglect to take and use my said surname and arms, or to apply for such Act of Parliament or licence as aforesaid, or shall at any time during his, her, or their life or lives discontinue or cease to use such surname and arms; or in case any person or persons, being tenant for life or in tail under this my will, or her or their husbands, should cut down any timber, or other trees likely to become timber, or planted for ornament, and which are growing or which shall grow on all or any part of the said hereditaments, except for the purpose of erecting or repairing any buildings upon the estates hereby devised or assumed to be devised, or making or repairing any temporary fences, or permanent hedges, fences, or gates thereon, and except in taking down such trees as shall be injurious to the growth of other trees, or such trees (not being ornamental trees) as are not likely to improve, or which may be injured by longer standing, or such trees as may require to be taken down in furtherance of any improvements on my said estates; or shall apply any trees whatsoever taken down for any other purpose than such repairs as aforesaid, or for raising money to be applied

in purchasing lands to be settled to the subsisting uses of this my will, as far as relates to the said estates hereby devised, or shall commit any manner of wilful waste, spoil, or destruction on all or any part of the said estates; or in case any such tenant for life or in tail as aforesaid, when in such actual possession or receipt of the rents as aforesaid, or the guardians, husbands, or trustees of the same persons respectively, until they shall severally be in such possession and receipt, shall not, yearly and every year, during the continuance of the estates of the same persons respectively, lay out £ at least in or about the repairs, or if no repairs are wanting, then in the decorations and ornamenting of the said capital mansion-house called S. H., and the buildings, gardens, and pleasure-grounds thereto belonging, and in repairing and keeping in good and neat order and condition the dormitory belonging to me in or adjoining the church of S. B. aforesaid, then and in any of the said cases the estate or estates of every person who or whose guardians, trustees, or husbands, should so refuse or neglect as aforesaid, shall cease, determine, and become void, as to my said wife, as if determined by her death or second marriage, and as to any other person being tenant for life, as if he or she were then actually dead, and as to any person being tenant in tail, as if he or she were then actually dead without issue inheritable to his or her estate tail under this my will; But my will further is, that the cesser or determination of the estate of any tenant for life by force of the present proviso shall not operate to exclude, prevent, or prejudice any of the contingent remainders hereinbefore limited to his, her, or their son or sons, daughter or daughters, or any other person or persons; but that the remainder limited to the said A. B. and C. D., their heirs and assigns, during the life of each such tenant for life, shall, after such cesser or determination, take effect and continue for preserving such contingent remainders, and giving them effect as they may arise; and that immediately from and after such cesser or determination of such preceding estate for life as aforesaid, and during the suspense and contingency of such expectant remainder, the said A. B. and C. D., their heirs and assigns, shall receive, pay, and apply the rents and profits of the hereditaments and

premises which would belong to such tenant for life if such cesser or determination had not taken place, unto the person or persons, and for the intents and purposes, and in the manner to, for, and in which the same rents and profits would be or would have been payable and applicable under and by virtue of the limitations hereinbefore contained, in case such tenant or tenants for life was or were actually dead, so that immediately from and after such cesser or determination, any tenant for life in remainder, or the issue of such tenant for life entitled for the time being under the limitations and provisoes aforesaid, may be entitled to the rents and profits of the said hereditaments and premises, as if the preceding tenant for life committing such breach of the conditions aforesaid were actually dead.

the life interest of testator's

daughter in a money-fund, on

any intercourse with her pre

sent husband. (In wills).

LXVIII. Provided always, and my will is, that if the said For suspending A. B. shall at any time or times cohabit or hold any intercourse of any kind whatsoever, either directly or indirectly, with her husband the said C. B., or should, either directly her cohabiting or indirectly, pay, advance, give, or contribute any monies, or maintaining necessaries, or effects, to the said C. B., or for his benefit, or on his account, then and from time to time as often as the same shall happen, and during so long time as the said A. B. shall continue so to cohabit or hold intercourse with her said husband, or to pay, advance, give, or contribute any monies, necessaries, or effects as aforesaid, the interest, dividends, and income of the said sum of £ stocks, funds, and securities, shall, from the last half-yearly day of payment thereof preceding any such act, and until the next half-yearly day of payment after the said A. B. shall discontinue the same, cease to be payable to the said A. B., and shall fall into and become part of the residue of my personal estate hereinbefore bequeathed; And that my said trustees and trustee for the time being shall, from time to time, have the discretion of suspending and again renewing the payment of the said interest, dividends, and income, upon such evidence as they shall think fit, or upon their own personal information, without any obligation on the said trustees or trustee to communicate to the said A. B., or any other person or persons whomsoever, their grounds or reasons

For ceasing trusts in favour of testator's niece, if she shall intermarry with any per

dred of A. B.

deceased.

(In wills).

for any such suspension, or upon what evidence or information the same shall have been determined; And it is also my will, and I hereby declare, that if the said A. B. shall at any time hereafter have any issue by her said husband, that then and in such case the right of the said A. B. to receive the dividends, interest, and income of the said sum of £— stocks, funds, and securities, shall, for the benefit of the other person or persons entitled thereto under this my will, cease and determine, to all intents and purposes, and the same shall become payable, and be paid, assured, and transferred, in the same manner as if the said A. B. was actually dead.

LXIX. Provided always, and I do hereby declare my will to be, that the trusts hereinbefore declared for the benefit of my said niece A. B. are upon this express condition, that she shall not at any time intermarry with any person of the son of the kin- kindred or blood of my late husband; and that if she shall at any time intermarry with any such person, then and in such case the trusts hereinbefore declared in favour of the said A. B. during her life, and the power of appointment herein before given to her, shall thereupon cease, determine, and become void; and then and in that case it is my will, and I do hereby direct that my said trustees and trustee for the time being do and shall thenceforth stand possessed of and interested in all and singular the said trust monies and effects, upon and for the same trusts as the same would then be subject to under this my will, in case the said A. B. were then dead without having made any such appointment; but nevertheless the said A. B. shall in that event be considered as one of the children of my brother C. B., entitled to a share or shares under the trusts herein before contained.

For ceasing estate of younger son, becoming an elder or only

son.

(In wills).

LXX. Provided always, and in case any such younger son shall in the lifetime of his said father and mother, or of either of them, become an eldest or only son by reason of the death of the elder son or sons, and the failure of his or their issue, then and in that case the estate or estates of each such younger son becoming an eldest or only son shall cease in the same manner, and for the benefit of the same persons

as if he had never been born, or being born, was dead without issue; anything contained in this my will to the contrary notwithstanding.

LXXI. Provided always, and in case any son of the said intended marriage should become the heir or heir apparent of the said A. B., either in the lifetime of the said A. B. or afterwards, and while such son shall be under the age of twentyone years, then and in that case such son shall be excluded from any part of the said sum of £—, except such sum as he may have received under any appointment or for advancement, in the same or the like manner as if he had not been born, and for the benefit of the other person or persons (if any) who would have been entitled to all or a part of the said sum of £

LXXII. Provided always, and in case any son of the said intended marriage shall become entitled to any part of the real estates of his said father, by descent from or gift by him, such son shall be excluded from any part or share of the said trust monies, stocks, funds, and securities, except such as will put him on an equal footing in point of benefit with the other children of the said intended marriage; and such exclusion shall be for the benefit of the other children of the same marriage.

LXXIII. Provided always, and I do hereby declare my will to be, that in case at any time during the life of the said A. B., or at any time or times after his decease, any person besides the said A. B. being entitled to all or any part of the manors, messuages, and other hereditaments hereby devised under the limitations hereinbefore contained, to the value of £ a year or upwards, for the first estate of inheritance, either in possession or remainder, should also become entitled to an estate of freehold or of inheritance in possession, or to any chattel interest by way of life estate, or to the first estate of inheritance in remainder or reversion, in all or any part (of the value of £

a year or upwards) of the estates

now enjoyed by Sir C. D., Bart., and either by descent, settlement, or will of or from the said Sir C. D., or any ancestor