in lieu of any such other manors, lands, or hereditaments as aforesaid, and the fee-simple and inheritance of such lastmentioned manors, lands, and hereditaments shall be well vested in them the said A. B. and C. D., or the survivor of them, or his heirs, and also when any such partition shall be made, and the conveyances and assignments for rendering the same effectual shall be made, completed, and executed, all and every the hereditaments and premises so sold, disposed of, or conveyed, shall be and remain for ever thenceforth freed and absolutely discharged of and from all and every the uses, estates, trusts, declarations, provisoes, and agreements in and by these presents expressed, limited, declared, and contained, touching or concerning the same; and then and from thenceforth these presents, and the grant and release hereinbefore contained and hereby made as aforesaid, shall be and enure as to such and so much of the same premises as shall be so respectively sold, disposed of, or conveyed to the only use and behoof of such purchaser or purchasers, or of such other person or persons to whom the same shall be respectively sold, disposed of, or conveyed, and of his and their heirs and assigns respectively for ever; subject only to such leases as shall have been made thereof, or of any part thereof, pursuant to the powers hereinbefore contained. Provided nevertheless, and it is hereby also declared, that when all or any part or parcel of the said premises hereby made saleable as aforesaid shall be sold in pursuance of these presents, all and every the sum and sums of money which shall arise by such sale or sales shall, with all convenient speed, be laid out and disposed of by them the said A. B. and C. D., or by the survivor of them, or his heirs (with such consent as aforesaid), and be invested in the purchase of other manors, messuages, lands, or hereditaments in fee-simple in possession, to be situate somewhere in that part of Great Britain called England, of a clear and indefeasible estate of inheritance; and as well the manors, messuages, lands, or tenements so to be purchased, as all and every the manors, lands, or hereditaments which shall be so vested in the said A. B. and C. D., or the survivor of them, or his heirs, by way of or in exchange for or in lieu of all or any part of the same premises hereby

made saleable or exchangeable as aforesaid, or upon such partition as hereinbefore is mentioned, shall be settled and conveyed to such and the same uses, upon such and the same trusts, and for such and the same intents and purposes, and under such and the same provisoes, powers, conditions, and agreements as are in and by these presents limited, expressed, declared, and contained of and concerning the undivided fourth part or share of the several hereditaments and premises hereby granted and released, or as near thereto as the deaths of parties and other intervening circumstances will then admit of; And it is hereby declared, that in the meantime, and until the money arising by such sale or sales as aforesaid shall be invested in purchases or otherwise applied in the manner hereinbefore directed, it shall and may be lawful to and for the said A. B. and C. D., and the survivor of them, and the heirs and assigns of such survivor, by and with the consent and approbation of the said E. F. and G. H., or of the survivor of them, in case they or any of them shall be then living; and if they shall be then dead, then by and of the proper authority of the said trustee or trustees for the time being, to place out such sum or sums of money at interest, either in the parliamentary stocks or public funds, or in government or upon real securities, in the names or name of such trustees or trustee for the time being; and also that it shall and may be lawful to and for such trustees and trustee, their or his executors or administrators, from time to time, with such consent and approbation as aforesaid, or of their or his own proper authority, as the same shall happen, to call in the said principal money so placed out, and to place out the same again at interest, on such new or other stocks, funds, or securities of the like. nature as they shall think proper; And it is hereby agreed and declared, that the interest, dividends, and annual produce arising from such stocks, funds, or securities, shall go and be paid from time to time to such person and persons, and be applied to and for such uses, intents, and purposes, and in such manner as the rents and profits of the said manors, lands, and hereditaments to be purchased therewith would go or be payable or applicable unto, in case such pur

For trustees to

chase or purchases and settlement was or were then actually made.

CXXVII. Provided always, and it is hereby agreed and make partition. declared between and by the said parties to these presents, that 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 said E. F. and G. H. his intended wife, during their joint lives; and after the decease of such of them who shall first depart this life, then at the request and by the direction of the survivor of them, during his or her life; and after the decease of such survivor, then at the request and by the direction of the person or persons who for the time being shall by virtue of any of the limitations hereinbefore contained be in the actual possession of or entitled to the receipt of the rents, issues, and profits of the said manor, messuages, lands, and other hereditaments hereby granted and released, or mentioned or intended so to be, if such person or persons respectively shall be of full age; but if under age, then during the minority or respective minorities of such person or persons respectively, at the request and by the direction of his, her, or their guardian or guardians, such request and direction to be testified by some writing or writings under the respective hands and seals of the person or persons whose request and direction for the time being is hereby made necessary, to join and concur with the person or persons for the time being seised of or entitled to the other part or parts, share or shares of the manor, messuages, lands, and other hereditaments hereinbefore mentioned, and the undivided moieties, or half parts or shares, or other parts or shares of which said premises are hereby granted and released, or expressed or intended so to be, in making à partition or division of the said manor, messuages, lands, and other hereditaments, or any part or parcel thereof; and that for the purpose of effectuating any such partition or division as aforesaid, 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 such request, and by such direction, and so

testified as last aforesaid, by any deed or deeds, instrument or instruments in writing, sealed and delivered by them or him, in the presence of and attested by two or more credible witnesses, absolutely to revoke, determine, and make void all and every or any of the uses, trusts, and powers hereinbefore limited, expressed, or contained of and concerning the said moieties, parts or shares, hereditaments and premises hereinbefore mentioned, 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 use or uses, estate or estates, trust or trusts of the hereditaments, the uses of which shall be so revoked, which it shall be thought necessary or expedient to limit, declare, direct, or appoint, in order to effectuate any such division or partition as aforesaid; and that upon any such division or partition as aforesaid, it shall and may be lawful to and for the said A. B. and C. D., and the survivor of them, and the executors and administrators of such survivor, to receive or take any sum or sums of money, by way of equality of partition as aforesaid.

CXXVIII. And further, that notwithstanding any of the trusts and provisions hereinbefore contained, it shall or may be lawful to and for the said A. B. and C. D., or the survivor of them, or his heirs, with the consent and approbation of the said E. F. and G. H. his intended wife, or of the survivor of them, and after the death of the survivor of them (a), then in the discretion and of the proper authority of the said trustee or trustees for the time being, to consent to and concur in any arrangement for a partition of the real estate of the said I. K., devised by his will as aforesaid, and to accept any allotment or allotments thereof on such partition, in lieu of the share or shares thereof belonging to the said G. H., and hereby agreed to be settled; and that the lands and hereditaments which shall be received by the said A. B.

(a) Or,

"And during the minority of all or any of the children of the said intended marriage."

(In articles for

For trustees to make partitions.

a settlement).

Of partition.

(In wills).

and C. D., or the survivor of them, his heirs or assigns, on such partition, in lieu of the share or shares of the said G. H., hereby agreed to be settled, shall be held and be settled by him and them upon, under, and subject to the same or the like powers, provisoes, declarations, and agreements as are in these presents expressed and declared, or agreed to be declared, of the said share or shares of the said G. H., hereby settled or agreed to be settled as aforesaid, or as near thereto as may be, and the deaths of parties and other intervening circumstances will admit.

CXXIX. Provided always, and it is also my will, and I do hereby direct and appoint, that it shall and may be lawful to and for the said A. B. and C. D., and the survivor of them, his heirs, executors, or administrators, with the consent and approbation, on the one part, of the said E. F. and G. his wife, or the survivor of them, and after the decease of the survivor of them, then of the person or persons who for the time being shall be entitled to the possession, or to the receipt of the rents of the first-mentioned moiety of my said manors &c.; or in case such person or persons shall be a minor or minors, then of his or their guardian or guardians; and on the other part, of the said I. K. and L. his wife, or the survivor of them, and after the decease of the survivor of them, then of the person or persons who for the time being shall be entitled to the possession or to the receipt of the rents of the second-mentioned moiety of my said manors &c., or in case such person or persons shall be a minor or minors, then of his or their guardian or guardians, such consent to be testified by some writing or writings under the hand of the person or persons whose consent is hereby made necessary, to make a partition or division into two equal parts of all or any of my said manors &c., devised and bequeathed to them the said A. B. and C. D., their heirs, executors, administrators, and assigns as aforesaid, and of the messuages, lands, and hereditaments (if any) which shall be received on any such exchange or exchanges as aforesaid, and to make, do, and execute all such acts, deeds, and assurances as shall be necessary to carry the same partition into effect; and do and shall settle and assure,