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marriage, then and in that case the sum of £3 per cent. Annuities if there shall be only one such child, and £3 per cent. Annuities if there shall be only two such children, and £3 per cent. Annuities if there shall be three or more such children, shall, from and immediately after the second marriage of the said C. D., be appropriated and set apart for the benefit of such child or children, and held upon, under, and subject to the same or the like trusts for the benefit of the same child or children (a), as if the said C. D. had departed this life; yet, nevertheless, so that the said C. D. may again become entitled to the interest, dividends, or income of the portion of each child, who being a son shall afterwards depart this life under the age of twenty-one years, or being a daughter shall depart this life under that age without having been married. Provided always, that nothing contained in the said lastmentioned provision shall extend to any part of the said annuities or the produce thereof, which shall be advanced by the said trustee or trustees for the time being for any son or sons of the said intended marriage, pursuant to the power hereinafter contained in that behalf, and that after the second marriage of the said C. D., such advances shall or may be made out of the said annuities to be appropriated without any consent or concurrence of the said C. D. Provided always, and while there shall be three or more children of the said intended marriage, (including sons who, though dead, shall have attained the age of twenty-one years, and also daughters who, though dead, shall have attained that age or have been married), no right shall arise to the said C. D. of having the dividends, interest, or income of the same sum of £3 per cent. annuities; and while there shall be two or more children of the said intended marriage, including such son or sons, daughter or daughters as aforesaid, no right shall arise to the said C. D. of having the dividends, interest, and income of £, part of the said annuities to be appropriated as aforesaid; and that while

(a)" And with the same or the like provision for his, her, or their maintenance and education."

there shall be one child of the said intended marriage, (including such son or daughter as aforesaid), no right shall arise to the said C. D. of having the dividends, interest, and income of £, part of the said annuities, to be so appropriated as aforesaid.

-,

XCIII. And it is hereby further directed, declared, and agreed, by and between the said parties to these presents, as far as they respectively are interested, and the said A. B. doth direct and appoint, that all persons claiming any benefit under all, any, or either of the appointments, conveyances, and assignments herein before contained, shall, under the doctrine of election, be bound to give effect to every disposition and appointment made by these presents, according to the original plan of the limitations, any law or usage to the contrary notwithstanding.

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limited under power of leas

ing shall take of estates limited under other

effect in priority

powers; and

that estates limited under

power of sale

and exchange, shall take effect in priority of all other powers, leasing; and that all other

except power of

XCIV. Provided also, and I do hereby declare my will That estates and mind to be, that the uses or estates which shall be limited or appointed in pursuance and exercise of the powers of limiting and appointing by way of lease or demise as aforesaid, shall overreach, take effect in priority of, and stand good against the uses or estates which shall be limited or appointed in pursuance of any other of the powers contained in this my will, notwithstanding the uses or estates so to be limited or appointed, in pursuance and exercise of the said power of limiting or appointing by way of lease or demise as aforesaid, shall be subsequently limited and appointed in point of time; and that the uses or estates which shall be limited or appointed in pursuance or exercise of the power of limiting for effectuating any such sale or exchange as hereinbefore is mentioned, shall overreach, stand good, and take effect against the uses or estates which shall be limited or appointed in pursuance of any other of the powers contained in this my will, except the uses or estates which shall be limited or appointed in pursuance or exercise of the power of limiting or appointing by way of lease or demise as aforesaid, notwithstanding the uses or estates so to be limited or appointed shall be subsequently limited or appointed in point of time; But in all other cases, except as aforesaid, and ex

estates and

charges limited

under powers, shall take effect

according to

their priority in time. (In wills).

That the sale

to confirm any

cept in those cases where the contrary has been by this my will directed, the several charges, uses, and estates which shall be created, limited, or appointed, in pursuance of the several powers and authorities contained in this my will, shall take effect and stand good respectively, accordingly as the same shall in priority of time be exercised, limited, or appointed, the one before or after the other; and that none of the uses or estates so to be subsequently created, limited, or appointed, in pursuance of the said powers and authorities, (other than and except as aforesaid), shall operate so as to determine, charge, change, and make void, overreach, prejudice, or impeach the former; but that every such charge, use, or estate, shall (other than and except as aforesaid) be in force, take effect, and continue respectively in such order and course as every such charge, use, or estate shall precede the other in point of creation, limitation, or appointment, without the least respect to the order of perusing or inserting the same several powers and authorities, anything in this my will contained to the contrary thereof in anywise notwithstanding.

XCV. And it is hereby provided, declared, and agreed, shall not operate that nothing hereinbefore contained is meant or intended to be a confirmation at law or in equity of any lease or leases hereinbefore mentioned, any further or otherwise than as the said A. B. is bound by the same lease or leases respectively.

leases.

That leases under a power

shall not be af

and that the

lands taken by way of equivalent shall not

XCVI. And it is hereby declared and agreed, that the leases or appointments to be made of any of the lands and fected by a sale, hereditaments to be sold as aforesaid, before the same sale or sales shall be made, shall remain in full force notwithstanding such sale or sales; and that the same leases or appointments shall not affect the lands to be purchased or taken by way of equivalent as aforesaid; and that the said power of leasing shall cease, as to the lands and hereditaments to be sold as aforesaid, immediately after the same lands and hereditaments shall have been sold, pursuant to the provisions hereinbefore contained in that behalf.

be charged with such leases, and

that power of leasing shall

cease upon sale.

That powers of

sale and ex

XCVII. Provided always, and during the lifetime of the change, and of said A. B., the said powers of sale and exchange, or the said

power of appointing new trustees, shall not be exercised over appointing new the hereditaments of which she is and shall then remain tenant for her life, until her consent in writing for that pose first had and obtained.

pur

trustees, shall not be exercised during the life of tenant for life, without his consent.

and charges

subordinate to the powers in

the settlement.

XCVIII. And it is hereby declared and agreed, that not- That estates withstanding anything hereinbefore contained, the said pow-created by apers of sale and leasing contained in the said indenture of pointment, shall release shall remain in full force, and that the several annui- be subject and ties, sums, or yearly rents of £- and £, and the said several terms of two hundred years and one thousand years shall be subordinate thereto, and shall or may be overreached by the execution of the same powers respectively in the same manner to all intents and purposes as if the said several annual sums of £ and £—, and terms of two hundred years and one thousand years, had been respectively limited or created by or contained in the said hereinbefore in part recited indenture of release, and been thereby subjected to the said powers; and that all lands and hereditaments to be taken or purchased by way of equivalent for the lands to be sold as aforesaid shall be settled and assured, so that the lands and hereditaments to be taken or purchased by way of equivalent as aforesaid may be subject to the said annual sums or yearly rents of £ and £ and the said terms of two hundred years and one thousand years, in the same manner, and in the same order, course, and priority as the lands and hereditaments to be sold shall respectively be subject thereto at the times of such sale.

XCIX. Provided always, and I do hereby declare my will and mind to be, that the rents, issues, and profits of all the freehold, copyhold, and leasehold estates hereinbefore devised and bequeathed shall, until the sale thereof respectively, be applied in payment of the interest of each of my debts interest, until the same shall be satisfied; shall carry and the residue of such rents, issues, and profits shall be applied to the same purposes as the interest, dividends, and annual produce of the monies to arise by the sale or sales hereinbefore directed to be made as aforesaid would, for the time being, be applicable under or by virtue of the trusts

as

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That annuities shall be paid in the order

Power to trustees to liberate

whole or part of

personal estate

from the charge upon a given event, (if real

estate shall be cient security).

deemed a suffi

(In wills).

hereinbefore expressed or declared of and concerning the same, in case the same were then sold.

C. Provided always, and notwithstanding all or any of the provisions contained in this my will, I direct that the annuithey are given. ties given by this my will shall be payable and paid only in the order, priority, and course herein before mentioned with reference to the maintenance and education of my children; and further, that in case any of my said sons shall attain the age of twenty-one years, or die under that age leaving issue living at his or their death or respective deaths, while any of the said annuities shall be subsisting, that then, if, in the opinion of my trustee or trustees for the time being, the residue of my real estate shall be adequate in point of income to answer the said annuities, without aid from my personal estate, the residue of my personal estate, or the stocks, funds, and securities in and upon which the same shall be invested, shall be discharged from the payment of the same annuities or otherwise, as to my said trustee or trustees for the time being in his or their discretion shall seem meet, or part only of the same residue of my personal estate shall be retained to answer the said annuities, or such of them respectively as shall be subsisting from time to time; and that the other parts of the residue of my personal estate shall be exonerated and discharged from the said annuities. or such of them as shall then be subsisting.

For cesser of term after performance of trusts.

any

CI. Provided always, and it is hereby further agreed and declared between and by the said parties to these presents, that from and immediately after all the trusts hereinbefore expressed or declared of the said term of one thousand years shall in all respects be fully performed and satisfied, or shall become unnecessary or incapable of taking effect, and the said A. B. and C. D., and each of them, their and each of their executors, administrators, and assigns, shall be fully reimbursed and satisfied all costs, charges, and expenses (if any) to be occasioned by or relating to the trusts hereby in them reposed, and which costs, charges, and expences the said trustees or trustee are and is hereby authorized to raise and levy by the ways and means hereinbefore men

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