That on hus

the age of

premises be exonerated from

term for securing same.

ations, and powers hereinbefore limited, given, and reserved to her, shall cease, determine, and be void, for the benefit of the same persons, and in the same manner in all respects as if the said C. D. had actually departed this life.

LXXXI. Provided always, and it is hereby further declared and agreed by and between the parties to these preyears, and exe-sents, and it is the true intent and meaning of them and of cuting power of jointure purthese presents, that when and as soon as the said A. B. shall suant to covehave attained his age of years, and shall have executed nant, part of rent-charge his said power of jointuring in favour of the said C. D. his shall cease, and intended wife, by appointing to her an annual sum or annual sums to the amount of £ a year or upwards, pursuant to his said power, and his covenant in that behalf hereinbefore contained, then and in that case, and from thenceforth, £- a year, part of the said annual sum or yearly rent-charge of £ hereby provided for the said C. D., shall cease and determine; and the said manors and other hereditaments hereby charged with the payment of the same annual sum or yearly rent-charge of £, shall be discharged of and from £ a year, part of the same annual sum or yearly rent-charge of £; and that when and as soon as the said A. B. shall have attained his age of

years, and shall have executed his said power of jointuring in favour of the said C. D. his intended wife, by appointing to her an annual sum or rent-charge or several annual sums or rent-charges, to the amount of £a year, and the said A. B. shall have departed this life, then and from thenceforth the whole or (as the case may require) the residue of the said annual sum or yearly rent-charge of £ hereby provided for the said C. D., shall cease and determine; and the said manors and other hereditaments hereby charged with that annual sum or yearly rent-charge shall be discharged of and from the same, any thing hereinbefore contained to the contrary in anywise notwithstanding. And it is hereby further provided, declared, and agreed by and between the parties to these presents, that when and as soon as the said A. B. shall have attained his age of years, and shall have executed his said power in that behalf, by charging all or any part of the sum of £ on the

manors and hereditaments subjected to his said power, and
pursuant to his covenant hereinbefore contained in that be-
half, then and in that case the manors and hereditaments
comprised in the said term of one thousand years hereby
created shall be exonerated and discharged of and from so
much of the said sum of £-directed to be raised under
the trusts of that term, as shall be raisable under the ap-
pointment to be so made by the said A.B.; so that the
manors and other hereditaments comprised in the said term
of one thousand years may be exonerated and discharged
of and from the whole or (as the case shall require) part of
the said sum of £; that is to say, a part of the said
sum of £- in case any part of a sum to that amount shall
be appointed, and all the said sum of £, in case the full
sum of £
shall be so appointed. (Vide Art. LXXXII.)

LXXXII. Provided also, and if the said A. B., his heirs, executors, administrators, or assigns, shall at any time hereafter, and either before or after he shall attain the age of years, pay or cause to be paid to the said E. F. and G. H., or the survivor of them, his executors or administrators, or the trustee or trustees for the time being of these presents, the sum of £ of lawful money of Great Britain, to be held upon the same trusts as are hereinbefore declared of and concerning the said sum of £-, directed to be raised under the trusts of the said term of one thousand years, and either with or without a trust in favour of the said A. B., his executors, administrators, and assigns, in the event of his exercising his said power of appointment by charging the said sum of £ on the hereditaments subjected to the said power, and also a trust for the investment of such £ on government or real securities, and to entitle the said A. B. to the income which shall become due during his life, then and in that case, from and after such payment shall be made, and a receipt for the said sum of £- to be so paid shall be endorsed on these presents, (and which receipt shall be conclusive evidence that such payment hath been made), the said manors and other hereditaments comprised in the said term of one thousand years shall be exonerated and discharged of and from the payment of the said sum of

That when husband shall pay

a sum of money

to trustees, lands now charged with that sum

shall be exonerated. (In continuation of the last form).

That if wife

shall survive and marry again, there being a child, children, or issue of first

marriage living, a given sum shall be taken

out of the trust

as if she had

been deceased

at the time of such second marriage.

£ herein before directed to be raised under the trusts of that term, anything hereinbefore contained to the contrary in anywise notwithstanding.

any

LXXXIII. Provided always, and it is hereby declared and agreed by and between the said parties to these presents, and the said A. B. and C. D. [husband and wife], according to their respective rights and interests, do hereby respectively direct and appoint, that in case the said C. D. shall survive the said A. B., and shall afterwards intermarry with other while there shall be person child any or children monies, and paid or other issue of the said intended marriage, the said sum of £- or so much and such part thereof as shall have been lent or advanced to the said A. B., or, as the case shall require, £ part of the said trust monies, or so much thereof as with the money to be lent or advanced to the said A. B. will make up the sum of £, shall be set apart and appropriated for the benefit of the children, if any, of the said intended marriage, and be held in the same manner, and upon, under, and subject to the same or the like trusts, powers, provisions, and regulations in all respects, and to be vested and paid or payable at the same times as if the said C. D. had actually departed this life at the time of such second marriage, anything hereinbefore contained to the contrary thereof in anywise notwithstanding.

That if feme

covert attain

twenty-one,

LXXXIV. Provided always, and if the said C. B. [wife] shall attain her age of twenty-one years, and she and the and she and her said A. B., her intended husband, if then living, and each or either of them, shall not, within six calendar months next after time convey all request in that behalf to be made by the said C. D., his

husband do not

within a limited

her interest in

certain premises to wife's

father, a sum of money covenanted to be paid by him

heirs, executors, administrators, or assigns, and at his or their costs and charges in all things, make, do, execute, and concur in all such acts, deeds, and assurances whatsoever, for the purpose of conveying and assuring unto and to the shall be held in use of the said C. D., his heirs and assigns, or to such uses as he or they shall appoint, all and every the share and shares, present and remote, absolute and contingent, or eventual, of her the said C. B., of, in, and to all and singular the manors, messuages, lands, tenements, and hereditaments,

trust for him;

and in case of wife's death under twentyone, her children to take upon same terms.

and parts and shares of manors &c., which are comprised in the said several hereinbefore recited indentures of settlement and marriage articles respectively, and each and every of them, or to which she shall or may be entitled under any appointment to her or in her favour, in such manner and by such means as by the said C. D., his heirs, executors, administrators, or assigns, shall be reasonably devised or advised and required, then and in that case, and from and immediately after the expiration of six calendar months, to be computed as aforesaid, (provided the said C. B. shall be then living), the said sum of £, hereby covenanted to be paid by the said C. D., his heirs, executors, or administrators, and the stocks, funds, and securities in or upon which that sum shall have been invested, shall be held upon trust for the said C. D., his executors, administrators, and assigns; And further, that if the said C. B. shall depart this life under the age of twenty-one years, or afterwards, before the contingency shall have arisen on which the said last-mentioned trust sum of £- and the stocks, funds, and securities in or upon which that sum shall have been invested, shall vest in the said C. D., his executors, administrators, or assigns, under the trusts hereinbefore contained in that behalf, then and in that case each and every child or other issue of the said intended marriage, who shall have, receive, or take all or any part or share of and in the same sum of £- stocks, funds, and securities, shall have, receive, and take the same, upon the terms of conveying and assuring unto and to the use of the said C. D., his heirs and assigns, or to such uses as he or they shall appoint, the part or share, parts or shares, if any, of and in the same manors, messuages, lands, tenements, and hereditaments, and parts and shares of manors &c. to which the same child or issue may be then entitled ; otherwise the share or shares of and in the same sum of £-stocks, funds, and securities, which would have belonged to such child or issue respectively, shall, as far as such child or issue respectively shall be interested therein, (but not so as to defeat the limitations over), be held in trust for the said C. D., his executors, administrators, and assigns.

That all persons taking any benefit under the

will shall sub

mit all disputes between them

selves and the executor of tes

to arbitration,

and for ceasing
their estates on

refusal (a).
(After trusts

for separate use
of testatrix's
daughters for

life, and then to their children and issue ab. solutely-in moieties).

LXXXV. And whereas I am, jointly with my son A.B., an executrix of the last will and testament of my late husband, C. B., of &c., deceased: And whereas my said son A. B. has been the acting executor under the said will, and in the administration and disposition of the property of my said late tatrix's husband husband, it has been found expedient to depart in some instances from the directions contained in the said will, as to the getting in and investment of the same property, and the same was done with my consent and concurrence, and with a view only to the convenience and benefit of the family of my said late husband; Now therefore I do declare my will to be, that neither of them the said C. D. and E. F. respectively, or their respective husbands or children, or any other person who shall become entitled to any benefit under this my will, shall bring, sue, or prosecute any action or suit at law or in equity, or otherwise howsoever, against my said son A. B., his heirs, executors, or administrators, for or on account or in respect of the management or disposition of the property or effects of my said late husband by my said son A. B., or any matter, cause, or thing relating thereto; And that if any dispute or difference should arise between any or either of them my said daughters, C. D. and E. F., or their respective husbands or children, or any other persons who shall become entitled to any benefit under my said will, and my said son A. B., his executors or administrators, touching or concerning the management or disposition of the property or effects of my said late husband, or any matter or thing relating thereto, or touching or concerning the accounts of my said son A. B. as acting executor of my said late husband, that then the person or persons who shall be so in difference or dispute with the said A. B., his executors or administrators, shall refer the matter in dispute to two in

(a) The testatrix's son being the acting executor of his father's will, (and his mother the executrix), had, for the convenience of the family, suffered certain bond debts to remain out at interest, and had advanced part of the father's estate to one of his brothers, to enable him to prosecute his business, instead of converting it in the funds, as directed by the will. Litigation being apprehended on that account from the married sisters or their husbands, this provision was introduced in the mother's will, with the object of securing the son.