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as are hereby declared of the messuage, lands, and hereditaments hereby released or otherwise assured, or intended so to be, or as near thereto as may be, and the deaths of parties and other intervening circumstances will admit; and in the meantime the said money, or the residue thereof, after paying the incidental expenses, or any sum to be advanced as and for the equivalent of exchange, shall be laid out by the said trustee or trustees for the time being in his or their name or names, on government or real securities; and the dividends, interest, and income thereof shall be payable and paid to the person or persons who for the time being would have been entitled to the rents and profits of the messuage, lands, and hereditaments so to be sold or given in exchange in case the same had not been sold or given in exchange. Provided always, and no such purchase or investment shall be made during the life of the said I. K. and L. M., or of the survivor of them, without the consent in writing of the said I. K. and L. M., or the survivor of them; nor shall any such exchange be made during the continuance of the estate for the life of the said G. H., without the concurrence therein of the said G. H. or her assigns, so that the sale or exchange may be of the freehold and inheritance in possession ; but in that case the said G. H. or her assigns shall be entitled to have an estate for life in the lands and hereditaments to be so purchased or received in exchange as aforesaid. And in case any money shall be advanced for equality of exchange, the same money, till repaid, shall be a lien or charge on the lands and hereditaments which shall be received or taken in exchange, any thing hereinbefore contained to the contrary notwithstanding.

CXXIII. Provided always, and I do hereby declare my will and mind to be, that it shall and may be lawful to and for the said A. B., during his life, and after his decease to and for every other person hereby made tenant for life of my said manors, lands, and other hereditaments, as and when they respectively shall be for the time being in the actual possession or entitled to the receipt of the rents and profits of the manors, lands, and other hereditaments herein before devised and bequeathed respectively, if of full age, and if

[blocks in formation]

Of sale and exchange.

(In wills).

To exchange
lands for other
lands in the
same parish.
(In wills).

such person shall be under age, then with the consent in writing of his guardian or guardians, to dispose of all or any of the manors, lands, hereditaments, and premises hereinbefore devised and bequeathed respectively, either by way of absolute sale or of exchange, and to execute all such revocations, appointments, conveyances, and assurances as shall be requisite to effect such disposition. And I hereby declare, that my said trustees or trustee for the time being shall receive the money to be paid for any such sale, or to be received for equality of exchange, and lay out the same in the purchase of fee-simple lands, tenements, or hereditaments in England or Wales, or copyholds of inheritance convenient to be held therewith, or with the manors and other hereditaments hereinbefore devised and bequeathed respectively ; and do and shall convey and settle the same, or cause the same to be conveyed and settled, subject to any security which they or he may think proper to make thereon, for any sum of money to be by them or him given for equality of exchange, to the uses, upon the trusts, and subject to the powers, provisoes, and declarations of this my will, so far as the same shall be subsisting or capable of taking effect. And I hereby declare, that until such purchases shall be made, my said trustees or trustee for the time being shall, with such consent as aforesaid, lay out the money arising from such sale or sales, or to be received for such equality of exchange, in their or his names or name, in the parliamentary stocks or public funds of Great Britain, or at interest upon government or real securities in England, and shall from time to time alter, vary, and transpose the same, as occasion shall require, and pay the interest, dividends, and annual produce thereof to the persons who, if such purchases were made, would be entitled to the rents of the lands and hereditaments so to be purchased.

CXXIV. Provided also, and it is my will, that notwithstanding any of the uses, powers, and trusts hereinbefore limited, expressed, declared, and contained, or any estates or charges to be limited or created under and by virtue of the said powers, but subject nevertheless and without prejudice to the uses and estates which from time to time shall

have been previously limited under and by virtue of, and pursuant to, the power of leasing hereinbefore contained, it shall and may be lawful to and for the said A. B. and C. D., and the survivor of them, and the executors or administrators of such survivor, at any time or times hereafter, at the request and by the direction of the person or persons who for the time being, and from time to time, shall be in the possession or entitled to the receipt of the rents of my said devised estate; if such person or persons shall be of full age; and if such person or persons shall be an infant, then, of his, her, or their guardian or guardians, by any writing or writings, to be sealed and delivered by him, her, or them respectively in the presence of and to be attested by two or more credible witnesses, by way of exchange for or in lieu of other lands and hereditaments, to be situated in the said parish of A., to sell or dispose of all or any part of the freehold lands and hereditaments hereby devised and settled as aforesaid, and the inheritance thereof in fee-simple, to any person or persons whomsoever, for such equivalent or recompense, in lands and hereditaments so situated, as to them the said A. B. and C. D., or the survivor of them, his executors or administrators, shall seem reasonable; and that for the purpose of giving effect to such exchange as aforesaid, it shall and may be lawful to and for the said A. B. and C. D., or the survivor of them, his executors or administrators, at such request and by such direction as aforesaid, to be testified as aforesaid by any deed or deeds, instrument or instruments in writing, to be sealed and delivered by him or them in the presence of and to be attested by two or more credible witnesses, absolutely to revoke, determine, and make void all and every or any the uses, trusts, powers, and provisoes hereinbefore limited, declared, and expressed, and which under and by virtue of the said powers (except as aforesaid) shall be limited; declared, and expressed of and concerning the hereditaments so proposed to be exchanged, or any part thereof; and by the same or any other deed or deeds, instrument or instruments in writing, to limit, declare, direct, or appoint any such new or other use or uses, estate or estates, trust or trusts of the same hereditaments, the uses of which shall be

of

Of sale and exchange of furniture.

For trustees to

sell, exchange,

and make par

so revoked, as it shall be thought expedient to limit, declare, direct, or appoint, for the purpose of giving effect to such exchange or disposition as aforesaid; and that the said A. B. and C. D., and the survivor of them, his executors or administrators, do and shall settle and assure, or cause to be settled and assured, the hereditaments which from time to time shall be received by way of exchange as hereinbefore mentioned, to such and the same uses, upon and for such and the same trusts, intents, and purposes, and with, under, and subject to such and the same powers, provisoes, conditions, and agreements, as by these presents are limited, expressed, declared, and contained of and concerning such of the hereditaments hereby devised and settled as aforesaid, as shall be so exchanged, or as near thereto as may be, and the deaths of parties and other intervening circumstances will admit.

CXXV. Provided always, that it shall and may be lawful to and for the said trustees or trustee for the time being, with the consent of the said A. B. during his life, and after his decease with the consent of the said C. D., his intended wife, during her life, to exchange for others, or absolutely to sell and dispose of all or any part or parts of the said furniture, effects, and things lastly hereinbefore assigned, or expressed and intended so to be; and to employ the monies to arise by any such sale or sales as aforesaid in the purchase of any new or other furniture, effects, or things of a similar nature and description, to be held by the said trustees or trustee for the time being, together with those taken in exchange, upon the same trusts, and to and for the same intents and purposes as are hereinbefore declared of the furniture, effects, and things lastly hereinbefore assigned, or expressed and intended so to be.

CXXVI. Provided always, and it is hereby declared and agreed by and between all and every the said parties to tition in cases of these presents, that it shall and may be lawful to and for the said A. B. and C. D. [trustees], and the survivor of them, and the heirs of such survivor, at any time or times after the solemnization of the said intended marriage, with the con

undivided

shares.

sent and approbation of the said E. F. and G. H., or the survivor of them, testified by any writing or writings under the hands and seals or hand and seal of the person or persons whose consent is hereby made requisite as aforesaid, and to be attested by two or more credible witnesses, to make sale and dispose of or to convey in exchange for or in lieu of other manors, lands, or hereditaments to be situate somewhere in that part of Great Britain called England, all or any part of the said manors and premises hereby directed, limited, and appointed, granted, and released respectively, or expressed and intended so to be, with the rights, members, and appurtenances thereof, to any person or persons whomsoever, for such price or prices in money, or for such other equivalent or recompence in manors, lands, and hereditaments, as to them the said A. B. and C. D., or the survivor of them, or the heirs of such survivor, shall seem reasonable; and upon payment of the monies to arise by sale of the said premises, or any part or parcel thereof, to give and sign receipts for the money for which the same shall be so sold, which receipts shall be sufficient discharges to any purchasers or purchaser for the purchase money for which the same shall be so sold, or for so much thereof as in such receipts shall be acknowledged or expressed to be received; and such purchaser or purchasers, his, her, or their heirs or assigns, shall not afterwards be answerable or accountable for any loss, misapplication, or nonapplication of such purchase money; and also to make or join in making a partition or division, either at one and the same time or at different times, with the person or persons seised of or entitled to or interested in all or any of the manors and hereditaments, one undivided fourth part or share whereof is hereby granted and released, or intended so to be; and for that purpose to make and enter into such contracts or agreements, and to execute such conveyances and assignments as should be thought necessary for accomplishing or making such partition effectual; and that when any of the said premises shall be sold for a valuable consideration in money, and such receipts shall be given for the purchase money as aforesaid, and also when any of the said premises shall be sold or disposed of, or conveyed in exchange for or

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