tioned, or any of them, the same term shall, as to such of the manors, lands, and other hereditaments comprised therein as shall not have been sold, mortgaged, or disposed of for the purposes aforesaid, cease, determine, and become utterly void, to all intents and purposes whatsoever.

term after per-
formance of

trusts, on
shilling.

payment of a

CII. Provided always, and it is hereby declared and For cesser of agreed by and between the parties to these presents, as far as they respectively are interested, and the said term of one hundred years is granted upon this condition, that if after the decease of the said A. B., and payment to the said C.D., his heirs or assigns, of the said annual sum or yearly rent of £—, and all the arrears thereof; and also if after payment of all such other sums of money (if any) as shall become payable and are hereinbefore directed to be raised and paid by the said E. F. [trustee], his executors, administrators, and assigns, and all such costs, charges, damages, and expenses as aforesaid; and also after full performance or discharge of the trusts of the said term of one hundred years, the said E. F., his heirs or assigns, shall pay to the said C. D., his executors, administrators, or assigns, the sum of one shilling, then and thenceforth the said term of one hundred years of or in the hereditaments and premises therein comprised, or so much of the same term as shall not be disposed of under the trusts hereby declared concerning the same term, shall cease, determine, and be void; but without prejudice to any sale, mortgage, or disposition previously made, of all or any part of the hereditaments and premises comprised in the said term of one hundred years, for any of the purposes hereinbefore declared of and concerning the same term.

CIII. Provided always, and it is hereby declared, that when all the portions and interest, annuities, and sums of money hereby directed and agreed to be raised by and under the trusts of the said term of two thousand years shall have been raised or levied, or shall cease to become payable, [or the same respectively shall have been secured, or an equivalent appropriated as a security to the satisfaction of the trustee or trustees for the time being of the said term of two thousand years, or an adequate fund for the security thereof shall be appropriated in the £3 per cent. Annuities, with the consent and approba

For cesser or assignment of term on performance of trusts (a).

tion of the trustee or trustees for the time being], and all and singular the trusts hereinbefore declared of and concerning the same term shall in all other respects be fully performed or satisfied, or shall be discharged, either by becoming unnecessary or incapable of being performed, and the costs and charges of the trustees of the same term in and about the execution and performance of the said trusts of that term shall have been paid and satisfied, and which said costs and charges the trustee or trustees for the time being of the said term is and are hereby authorized to raise and take by the means aforesaid, then and thenceforth the said term of two thousand years, or so much thereof as shall not have been disposed of under the trusts herein before declared concerning the same term, shall cease, determine, and be absolutely void, but without prejudice to any sale, mortgage, or disposition which shall have been made of all or any part of the hereditaments comprised in the same term for all or any of the purposes herein before mentioned in pursuance of the trusts hereinbefore declared concerning the same term.

CIV. Provided also, and it is hereby further declared and agreed by and between all the parties to these presents, that when and as soon as all the trusts hereinbefore expressed and declared of and concerning the said first-mentioned term of one thousand years shall in all respects be fully performed and satisfied, or become unnecessary, 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)

(a) For cesser of two terms,

"That each of the said several terms of one thousand years and two thousand years respectively shall cease, determine, and be void, upon and as soon as all the trusts hereinbefore declared thereof shall be performed, fulfilled, satisfied, or discharged, or become unnecessary or incapable of taking effect; subject, nevertheless, and without prejudice to any sales or mortgages previously made, under or by virtue of and performance of the trusts herein before declared of the same terms."

to be occasioned by or relating to the trusts hereby reposed in them as aforesaid, the said first-mentioned term of one thousand years, as to such and so many and such parts of the said messuages &c. comprised therein as shall not be sold or mortgaged for the purposes aforesaid, shall be surrendered or otherwise, and, at the option of the said E. F., his heirs or assigns, shall be assigned to attend the freehold reversion and inheritance of the lands and hereditaments comprised in the same term; and as to such and so many and such parts of the same messuages &c. as shall have been mortgaged for the purposes aforesaid, shall, subject to such mortgage or mortgages, attend, wait upon, and go along with the freehold and inheritance of the lands and hereditaments to be comprised in the same mortgage or mortgages respectively.

CV. Provided always, and in case I shall have any child or children of my body lawfully begotten living at my death, or born in due time afterwards, then I revoke all and singular the legacies contained in this my will which are given to or in trust for my brothers, sisters, and cousins, or any of them, and give the property so bequeathed to or in trust for them respectively, and the dividends, interest, and income thereof, from my death, unto my child or children living at my death, or to be born in due time afterwards, to be equally divided between them, if more than one, share and share alike, and to be vested in sons respectively when and as they respectively shall attain their respective ages of twenty-one years or die under that age leaving issue living at their deaths, and in daughters, when and as they respectively shall attain that age or be married, with benefit of survivorship between them, as to their original and also their surviving shares; and also as to the accumulations and savings (if any) of the dividends, interest, and income of the portions of the same children respectively, in case any of them, being sons, shall depart this life under the age of twenty-one years without leaving any issue of their bodies lawfully begotten living at their deaths, or any of them, being daughters, shall depart this life under the age of twenty-one years without having been married, and with full power and authority to and for my executors and personal representatives for the

To prevent devisees charging

estates with an

annuity &c. until twenty-five.

That (subject to contracts which

may have been entered into) in

case of releasor's death be

time being to apply all or any part of the dividends, interest, and income of the portion of each of the same children in or towards the maintenance, education, and advancement of the same child: Provided always, and in case all such children, being sons, shall depart this life under the age of twenty-one years, and neither of them shall leave any issue of his body lawfully begotten living at his death, or, being daughters, shall depart this life under the age of twenty-one years without having been married, then I will and direct, that from and after such failure of my children, the legacies hereby revoked shall be revived and have effect from such failure of my children, as far as may be, and circumstances will then admit.

CVI. Provided always, and I do hereby declare my will to be, that the limitations and trusts hereinbefore made to and declared for the benefit of my said son, are so made and declared upon this express condition, that he shall not, alone or jointly with any person or persons, at any time or times before he shall have attained the age of twenty-five years, by deed, bond, judgment, or otherwise, grant or secure, or join in granting or securing, or in anywise bind or engage himself, when he attains that age, to grant or secure or join in granting or securing to any person or persons the payment of any rent-charge or rent-charges, annuity or annuities, or sum or sums of money; and that if he shall before he attains that age grant or secure, or join in granting or securing, or bind or engage himself, when of that age, to grant or secure any rent-charge or rent-charges, annuity or annuities, or sum or sums of money, then and in such case the use or estate hereinbefore limited to him for his life, of and in one equal moiety of the hereditaments and premises last hereinbefore devised, shall cease and determine, as if he were actually dead at the time of making or joining in making or entering into any such grant, security, bond, or engagement.

CVII. Provided always, and in case the said A. B. shall depart this life before sale shall have been made by him of the said hereby or hereby intended to be released or otherwise assured moiety of and in all the said plantations, lands,

hereditaments, slaves or apprenticed labourers, cattle, and implements, then and in that case, immediately upon and after the death of the said A. B., the said moiety or other part of and in all such and so many and such parts of the same plantations, lands, hereditaments, slaves or apprenticed labourers, cattle, and implements as shall remain unsold, shall (subject nevertheless and without prejudice to any contract or contracts which shall have been entered into by the said A. B. for the sale thereof, and which contract or contracts shall be performed by the said C. D., his heirs, appointees, or assigns) remain, continue, and be to such and the same uses, upon such and the same trusts, and for such and the same ends, intents, and purposes, as the same stood limited, settled, and assured immediately before the execution of these presents, anything hereinbefore contained to the contrary notwithstanding.

and

That certain payments shall

not be consider

ed in satisfaction of certain

sums unless ex

pressed to be so

-that A. B.

shall not be entitled to pay a

certain sum till

payment of an

other sum, and agreement that

when both sums

premises unsold shall be connotwithstanding

are paid the

CVIII. Provided always, and no payments which shall be made by the said A. B., his heirs, executors, administrators, or assigns, shall be or be deemed or considered as made in satisfaction of the said sums of £ and £, or either of them, or the interest of the same or either of them, unless the same shall be so made expressly in reduction and part-payment or in discharge of the said sums of £ £- or one of them, or the interest of the same or one of them; and that the said A. B., his executors, administrators, or assigns shall not be entitled to pay the said sum of £ [first-mentioned sum] or any part thereof, till he or they shall have paid the said sum of £— [second-mentioned sum] and the interest thereof. But it is further agreed, that when and as soon as the said sums of £ and £respectively, and the interest thereof respectively, shall be ence. paid or satisfied, the lordship, manor, hereditaments, and premises hereby released or otherwise assured, or intended so to be, or such parts thereof as shall remain unsold, shall be reconveyed to the said A. B., his heirs and assigns, notwithstanding the existence of any further or other debt due or owing by or from the said A. B., his heirs, executors, administrators, or assigns, to the said C. D., his executors, administrators, or assigns, anything hereinbefore contained to the contrary thereof in anywise notwithstanding.

any other debt

then in exist