DEVISE OF REAL ESTATE CESSIVELY IN TAIL, &C., moneys in, &c. (Trust for investments and varying investments, TO SONS SUC- suprà, p. 535): And I DECLARE that my trustees shall stand possessed of the said residuary moneys, and the investments for the time being representing the same (hereinafter called “the residuary trust funds"): IN TRUST, &c. (for children equally, PERSONALTY IN with usual provisions; Investment clause; suprà, pp. 535 to 537). IN WITNESS, &c. SUBJECT TO RENT-CHARGE TO WIFE AND BEQUEST OF FAVOUR OF CHILDREN. Trusts of residuary moneys. DEVISE OF REAL ESTATE Appointment of executors and trustees No. XXIV. WILL of REAL and PERSONAL ESTATE; BEQUEST of LEASEHOLD DWELLING-HOUSE and HOUSEHOLD EFFECTS to WIFE; DEVISE of FREEHOLDS to use of Trustees for term of FIVE HUNDRED YEARS, with remainder to use that WIFE may take a RENT-CHARGE, and subject thereto to uses in favour of SoNs and DAUGHTERS Successively in strict settlement, with an ultimate remainder to Testator's RIGHT HEIRS; TRUSTS of TERM of FIVE HUNDRED YEARS, to pay DEBTS, &c., in aid of personalty, and then to raise PORTIONS for Testator's YOUNGER CHILDREN; NAME and ARMS CLAUSE; POWER to each MALE TENANT FOR LIFE to JOINTURE wife, and to each FEMALE TENANT for LIFE to appoint RENT-CHARGE TO HUSBAND; POWER to each TENANT FOR LIFE to charge with portions for YOUNGER CHILDREN; ADDITIONAL POWERS; DEVISE and BEQUEST of COPYHOLDS and LEASEHOLDS to Trustees upon trusts to CORRESPOND with uses of FREEHOLDS; BEQUEST OF JEWELS, &c., as HEIR-LOOMS; BEQUEST of LEGACIES; BEQUEST of RESIDUE of Personalty to Trustees upon same trusts as money arising from SALE of Real Estate. I, A. B., of, &c. (Commencement of will, suprà, p. 534.) 1. I APPOINT C. D., of, &c., E. F., of, &c., and G. H., of, &c. (hereinafter called "my trustees"), to be the executors and and guardians. trustees of this my will for all the purposes herein expressed, and also for the purposes of the Settled Land Act, 1882, and for the purposes mentioned in section 42 of the Conveyancing and Law of Property Act, 1881: AND I declare that new trustees may from time to time be appointed for all the purposes aforesaid under section 31 of the last-mentioned Act: AND I appoint my dear wife during her life, and after her death my trustees, to be the guardian and guardians of my infant children. DEVISE OF REAL ESTATE leasehold household 2. I GIVE AND BEQUEATH my leasehold messuage or dwelling- Bequest of house, situate and being No. in in which I am now dwellingresiding, and the appurtenances, for all my term, estate, and house and interest therein, and all my books, plate, linen, china, household effects. goods, furniture, and effects, which shall be in or about the said messuage or dwelling-house at the time of my decease, unto my dear wife absolutely. estate. 3. I GIVE AND DEVISE my capital messuage, or mansion-house Devise of real called, and all my manors, messuages, lands, tenements, and hereditaments, situate in the county of or elsewhere in five hundred rent-charge. Subject thereto to eldest son for to his sons remainder to England or Wales, and being freehold of inheritance, To THE USES following (that is to say): TO THE USE of my trustees for To trustees for the term of five hundred years, computed from the day of my years. decease, upon the trusts hereinafter declared concerning the same AND subject thereto, To THE USE that my wife, &c. (shall Subject to term, that receive a rent-charge for life, suprà, p. 588); and subject thereto, wife may take TO THE USE of my eldest son M. B. during his life, without impeachment of waste, with remainder To THE USE of his first and other sons successively according to seniority in tail male, with life, remainder remainder To THE USE of my second son N. B., during his life, successively in without impeachment of waste, with remainder To THE USE of tail male, his first and other sons successively according to seniority in second son tail male, with remainder To THE USE of my sons hereafter to and other sons be born, and their issue male in succession, so that the elder of similiter, my after-born sons and his issue male shall be always preferred after-born to and take before the younger of my after-born sons and his or first and other their issue male, and so also that each after-born son of mine shall take an estate for his life without impeachment of waste, with remainder after his decease to the use of his first and other remainder to eldest sons successively according to seniority in tail male, with daughter and remainder To THE USE of my daughter O. B., during her life, other sons without impeachment of waste, with remainder To THE USE of similiter, and his first remainder to sons and their sons similiter, her first and REAL ESTATE IN STRICT DEVISE OF the first and other sons of the said O. B. successively according to seniority in tail male, with remainder To THE USE of my SETTLEMENT. second daughter P. B., during her life, without impeachment of waste, with remainder To THE USE of the first and other sons daughter and of the said P. B. successively according to seniority in tail male, remainder to second her first and other sons similiter, remainder to after-born daughters and their first and other sons similiter, remainder to first and other son succes sively in tail general, remainder to first and other daughters in tail general, remainder to sons and daughters of second and after-born with remainder To THE USE of my daughters hereafter to be born, and their issue male in succession, so that the elder of my after-born daughters and her issue male shall be always preferred to and take before the younger of my after-born daughters and her or their issue male, and so also that every after-born daughter of mine shall take an estate for her life, without impeachment of waste, with remainder to her first and other sons successively according to seniority in tail male, with remainder TO THE USE of the first and other sons of the said M. B. succes sons of eldest sively, according to seniority in tail general, with remainder TO THE USE of the first and other daughters of the said M. B. successively, according to seniority in tail general, with remainder, &c. (Similar remainders to the first and other sons of N. B. successively in tail general, then to the first and other daughters of N. B. successively in tail general), with remainder To THE USE of the sons in succession of every son of mine hereafter to be born and their issue, so that the sons of every elder of my aftersons similiter, born sons and their issue shall be always preferred to and take before the sons of every younger of my after-born sons and their issue, and so also that the sons of each after-born son of mine shall take successively according to seniority in tail general, with remainder To THE USE of the daughters in succession of every after-born son of mine and their issue, so that the daughters of every elder of my after-born sons and their issue shall be always preferred to and take before the daughters of every younger of my after-born sons and their issue, and so also that the daughters of each after-born son of mine shall take successively according to seniority in tail general, with remainder To THE USE of, &c. (First and other sons of O. B. successively in tail general, then to first and other daughters of O. B. successively in tail general, then to first and other sons and first and other daughters of P. B. successively in tail general, then to first and other sons and first and other daughters of after-born daughters of testator successively in tail general), with remainder To THE USE of my brother, Q. B., during his life, without impeachment of waste, with remainder, remainder to testator's brother for &c. (Remainder to sons and daughters of Q. B., in strict settlement, similar to those to sons and daughters of testator), with remainder TO THE USE of my own right heirs for ever. DEVISE OF REAL ESTATE life, re debts, &c., in estate. portions for children of 4. THE said hereditaments are hereinbefore limited to my mainders over. trustees for the said term of five hundred years, upon the Trusts of term following trusts (that is to say): UPON TRUST that my trustees hundred years. shall in the first place, by mortgage of the premises comprised To raise in the said term, or any part thereof, for all or any part of the money to pay said term, or by any other reasonable ways and means, raise in aid of personal aid of my personal estate (if insufficient) such sum or sums of money as may be required to satisfy my funeral and testamentary expenses and debts, and the legacies bequeathed by this my will or any codicil hereto, AND UPON FURTHER TRUST To raise that my trustees shall, by mortgage, sale, or other disposition of younger the said hereditaments or any part thereof, for all or any part of testator, the said term, or by any other reasonable ways and means, raise the sum of £ for each and every of my children living at my decease who being a son shall attain the age of twenty-one years, or being a daughter shall attain that age or marry (other than and not being a son or daughter entitled for the time being to the said hereditaments under the limitations hereinbefore contained as tenant for life in possession), with power for my trustees at any time or times during the minority of any son of mine (not being a son entitled for the time being, as aforesaid) to raise any sum or sums of money, not exceeding together the sum of £ and apply the same for the preferment, advancement, or benefit of such son as my trustees shall think fit, and in part satisfaction of his portion under the trust last hereinbefore declared; AND ALSO shall from and after my and to raise decease raise out of the rents and profits of the said heredita- for maintements, and apply for the maintenance and education of each or nance of any son and unmarried daughter of mine entitled for the time entitled in being in expectancy to a portion under the trusts aforesaid, such annual sum as my trustees shall think fit, not exceeding in any one year for each such child what the interest of his or her expectant portion would amount to after the rate of £4 per cent. per annum, with liberty for my trustees to pay the same to the guardian or any of the guardians of such child for the purpose aforesaid, without being liable to see to the application thereof: AND UPON FURTHER TRUST that so long as the portion of any and also to VOL. II. Q Q annual sum expectancy, DEVISE OF REAL ESTATE IN STRICT SETTLEMENT. raise interest on unpaid portions, child of mine who shall have attained a vested interest therein shall remain unpaid, my trustees shall, out of the rents and profits of the said hereditaments, raise and pay to such child interest thereon after the rate of £4 per cent. per annum, by half-yearly payments, and so that if the child to whom interest shall be payable as aforesaid shall be a married daughter under the age of twenty-one years, her receipt shall be a sufficient discharge for the same notwithstanding her infancy: AND UPON FURTHER TRUST that my trustees shall raise by some or one of the ways and means aforesaid such sum or sums of money as shall be required for the payment of the costs and expenses attending the execution of the trusts herein before declared concerning the said term of five hundred years, and shall apply the moneys to be so raised as last aforesaid, in payment of the Ultimate trust said costs and expenses accordingly: AND UPON FURTHER TRUST and to raise costs and expenses. for person entitled in remainder. Direction as to accumulation that my trustees shall permit the rents and profits of the said hereditaments, or so much thereof as shall remain after answering the trusts and purposes aforesaid, to be received by the person or persons for the time being entitled to the said hereditaments in remainder immediately expectant on the said term. 5. Ir my trustees shall enter into possession of the hereditaof rents during ments hereinbefore devised during the infancy of any tenant for tenant for life life or tenant in tail by purchase under the statutory provision in that behalf, and such tenant for life or in tail shall die during infancy, and being a female without having been married, the accumulations (if any) which shall have arisen during such infancy, shall be held upon such trusts as would be applicable thereto if the same were capital money arising from a sale of the said hereditaments under the Settled Land Act, 1882. minority of or in tail. Name and arms clause. 6. EVERY person who shall become entitled under this my will to the hereditaments herein before devised as tenant for life or tenant in tail in possession, and who shall not then bear the surname and arms of B., shall within twelve calendar months after he or she shall have become so entitled in possession as aforesaid, or if he or she shall be under the age of twenty-one years, then within twelve calendar months after he or she shall have attained that age, assume the surname and arms of B., and apply for and endeavour to obtain a royal licence or other proper authority for that purpose: And if the person so becoming entitled as aforesaid shall be a female and shall marry, then her |