To intended wife in fee until marriage, and after marriage, to husband for life, with re in case she shall survive him. or their heirs and assigns, or several and respective heirs and assigns for ever, as tenants in fee and not as tenants in tail; and in case any one or more of the said children shall die under the age of twenty-one years, without leaving any issue of his, her, or their body or respective bodies, lawfully begotten, living at the time of his, her, or their death or respective deaths, Then as to, for, and concerning the original share or shares of and in the said messuages &c., which shall belong to the child or children respectively dying as aforesaid, and also the share or several shares of and in the same messuages &c., which the same child or children respectively shall take under this present provision by way of cross limitations, To the use of the other or others of the same children, if more than one, share and share alike as tenants in common, and not as joint tenants, and his, her, or their heirs and assigns, or several and respective heirs and assigns for ever, as tenants in fee and not as tenants in tail; and in case there shall not be any child &c., or in case the child, or if more than one all the children, of the said A. B. shall depart this life under the age of twenty-one years, without leaving any issue of his, her, or their body or respective bodies, lawfully begotten, living at his, her, or their death or respective deaths, Then &c. LVI. To the use of the said A. B., her heirs and assigns, until the said intended marriage shall be had and solemnized; and from and immediately after the solemnization thereof, To the use of the said C. D. and his assigns, during mainder to wife, his life, without impeachment of waste; And from and immediately after his decease, in case the said C. D. shall survive the said A. B., her said intended husband, To the use of the said C. D., and her assigns, during her life, without impeachment of waste; And from and immediately after the decease of the survivor of them the said A. B. and C. D., To the use &c. In favour of children and their issue, as parents shall appoint; re LVII. To the use of all and every or such one or more, exclusively of the other or others, of the children of the said A. B. by the said C. D., or of the issue born in the lifetime mainder to chil- of the said A. B. and C. D., or the survivor of them, of the dren, as tenants fee, remainder viving parent. said child or children, or any of them, at such time and in common in times, and for such estate and estates, interest and interests, to the right in such parts, shares, and proportions, and charged and heirs of the surchargeable with such annual or other sum or sums of money (a), for the benefit of some one or more of the said children, as the said A. B. and C. D. shall by any deed or deeds, instrument or instruments in writing, with or without power of revocation, to be by them respectively sealed and delivered in the presence of, and to be attested by two or more credible witnesses, jointly direct, limit, or appoint; and in default of such joint direction, limitation, and as to such part or parts thereof whereof there shall be no such joint direction, limitation, or appointment, and in case such shall be made, then, when, and as the estates and interests thereby directed, limited, and appointed shall respectively end and determine, To the use of all and every the child and children of the said A. B. by the said C. D., to be divided between or amongst them, if more than one, in equal shares and proportions, as tenants in common, and of the several and respective heirs of all and every such child and children; and in default of such issue, To the use of the right heirs of the survivor of them the said A. B. and C. D. tory devise to sons successively. (A short form). LVIII. To the use of the said A. B., his heirs, executors, A limitation by administrators, and assigns; and if the said A. B. shall depart this life under the age of twenty-one years, without leaving any issue of his body lawfully begotten living at his death, then to the use of the second, third, fourth, fifth, and all and every other son and sons of the marriage of the said C. D. and E. his wife, severally and successively, one after the other, in order and course as they shall respectively be in seniority of age and priority of birth, and their several and respective heirs, executors, administrators, and assigns, every elder of such sons to be preferred to every younger of the same sons, yet nevertheless so that the estate of each and every son who shall depart this life under the age of twentyone years, without leaving any issue of his body lawfully be (a) Vide Tit. vi. art. vi. n. ante. To first and other sons in tail male. (In wills). To daughters as tenants in com mon in tail, with cross remainders between them. (In wills). gotten living at his death, may immediately upon his death. cease and determine in favour of his next brother, his heirs, executors, administrators, and assigns; To the intent that the same lands and hereditaments may be taken and enjoyed by each son in succession, according to his seniority, in case his elder brother shall die under the age of twenty-one years, without leaving any issue of his body lawfully begotten living at his death, and so that the estate of any son who shall attain the age of twenty-one years, or die under that age, leaving issue living at his death, may become absolutely vested in him. LIX. To the use of the first, second, third, fourth, and fifth, and all and every other son and sons of the said A. B., severally and successively in remainder one after the other, as they respectively shall be in seniority of age and priority of birth, and the heirs male or several and respective heirs male of the body or several and respective bodies of the same son and sons respectively lawfully issuing, every elder of the same sons, and the heirs male of his body issuing, being always to be preferred to and take before every younger of the same sons, and the heirs male of his body issuing; And on failure of such issue, &c. LX. To the use of the daughter, if only one, and if more than one, then to all the daughters of my said sister A. B. to be lawfully begotten, to be equally divided between or amongst them if more than one, share and share alike, as tenants in common and not as joint tenants, and the heirs of the body or several and respective bodies of the same daughter or daughters respectively lawfully issuing; and on failure of the issue of any one or more of the said daughters, (in case there shall be more than one such daughter), Then as to and concerning the original part or share of and in the said manors and hereditaments, which shall belong to the same daughter or daughters respectively, under the limitations hereinbefore contained, and also as to and concerning the part or share, or several and respective parts or shares of and in the same manors and hereditaments, which, from time to time, shall belong to, or vest in, or be taken by the same daughter or daughters respectively, or her or their issue, under this present limitation of cross remainders, To the use of the other or others of the same daughters, to be equally divided between or among them if more than one, share and share alike, as tenants in common and not as joint-tenants, and the heirs of the body or several and respective bodies of the same daughter or daughters respectively lawfully issuing; And on failure of the issue of all the said daughters, To the use &c. LXI. Unto and to the use of A. B., C. B., D. B., and E. B. the four children of B. B., late of &c., or such of them as shall be living at my decease, and the issue then living of such of them as shall be then dead, if more than one, as tenants in common and not as joint-tenants, and his, her, and their respective heirs and assigns, and in such manner that the issue of such of them the said A. B., C. B., D. B., and E. B., as shall be then dead, shall take per stirpes and not per capita, if the circumstances shall require, and so that the same issue, if more than one, shall take equally between them the share only which his, her, or their parent or respective parents would have taken if then living, and so as no person may take under the description of issue unless his, her, or their parent shall have departed this life in my lifetime; Provided always, and I do hereby declare my mind to be, that in case at any time after my decease, any or either of them, the said A. B., C. B., D. B., and E. B., or issue, entitled as aforesaid, shall depart this life under the age of twenty-one years, and without leaving issue living at his, her, or their death or respective deaths, Then I give and devise the original share or shares of and in the said premises, which shall belong to him, her, or them so dying, and also the part or share, parts or shares, which he, she, or they respectively shall take under this present provision, unto the other or others of them, the said A. B., C. B., D. B., and E. B., who shall be living at my death, or issue then living, of such of them as shall be then dead, if more than one, as tenants in common and not as joint-tenants, and to his, her, and their respective heirs and assigns, and in such parts, shares, and proportions, in manner and form. To the use of a trustee during the life of the father, or till his as are hereinbefore directed with respect to the original shares of the same persons respectively; And in case none of them, the said A. B., C. B., D. B., and E. B., or issue of any of them, to be entitled as aforesaid, shall be living at my death, or if each of them the said A. B., C. B., D. B., and E. B., who shall be living at my death, and the issue then living of such of them as shall be then dead, shall afterwards depart this life under the age of twenty-one years, and without leaving any issue living at his, her, or their death or respective deaths, then I give and devise all the said freehold and copyhold estates Unto and to the use &c. LXII. To the use of A. B., and his heirs during the natural life of C. D., [the father], or, which shall first happen, until his eldest or only son, or if no son or such son shall eldest son or daughter shall die, his only or eldest daughter shall attain his or her age of be of age. (In twenty-one years; In trust nevertheless to support the conwills). tingent uses and estates hereinafter limited from being defeated or destroyed, and in trust to pay and apply the rents and other profits which shall become due, after the estate lastly hereby limited to the use of the said C. D. shall fall into possession, and thenceforth during the continuance of the same estate, unto or for the benefit of the person or persons who for the time being shall be beneficially entitled to the first or next vested estate, under the uses or trusts of this my will; and from and after the determination of the estate lastly hereby limited, To the use of the said C. D., and in the meantime subject thereto, and to the trusts thereof, To the use &c. Limitation to as tenants in common, for their lives, with remainders, as LXIII. To the use of A. B. of &c., C. D. of &c., and several persons E. F. of &c., and their respective assigns, for their respective lives, share and share alike, as tenants in common and not as joint-tenants, and without impeachment of or for any to share of each manner of waste, (except such voluntary waste as aforesaid); And from and after the determination of each such estate for life respectively, then, as to the part or share in which he and she respectively is to have an estate for life as aforesaid, To the use of the said A. A. and B. B., [trustees], and their heirs, during the natural life of each such tenant for tenant for life, to the issue of |