That upon son s attaining twenty-four, or

grandsons twenty-one, trustees shall purchase £3 per cent. Con

answer an an

nuity, and that lands shall be discharged therefrom.

CIX. And I direct, that after each or either of my sons shall attain his age of twenty-four years, or each or either of my grandchildren shall attain the age of twenty-one years, an appropriation shall be made in the name or names of the trustee or trustees for the time being of this my will for ansols, sufficient to swering each or either of the said annuities, by the purchase or investment in the name or names of the same trustee or trustees of so much £3 per cent. Consolidated Bank Annuities, as will produce an income by the dividends thereof equal to such annuity; and that then and in that case, and from that time, my freehold, copyhold, and leasehold estates, and other parts of my personal property, shall be exonerated and discharged from the annuity which shall be secured by such appropriation; And if the said A. B. should by circumstances be excluded from taking a share under this my will as one of my next of kin, I direct that he, or, if dead, his child or children, as representing him, shall be considered as if he or they were one and only one of such next of kin; and that the share of such his child or children shall, as far as circumstances will admit, be considered as or in the nature of a vested interest from his death; But such child or children, if really and in fact next of kin, shall be entitled only to a share or shares as next of kin in fact, nor shall the said A. B., or any one claiming under him, be in that event entitled to any share as if next of kin.

That annuities belonging to

testator at his death shall be kept on foot for

the benefit of the person entitled

to the income

and that money

arising from an

CX. And I declare, that such annuities as may belong to me at my death may be continued or kept on foot, and preserved from sale, for the benefit and to increase the income of the person who, for the time being, shall be entitled to the income of my trust property; and that in case any of the of trust monies, same annuities should be redeemed, then the amount of the money to be received as the consideration of the repurchase shall or may, on the request and in the discretion of the person who for the time being shall be entitled to the income of my trust property, be laid out in the purchase of another annuity or annuities, to be held on the like trusts as are by this my will declared of the annuity or annuities which shall be so repurchased; But I direct, that while any annuity or annuities belonging to me at my death, or to be purchased

nuities redeem

ed may be applied in purchase of other annuities. Insurance to be made for an

nuities held on the trusts of this will.

after my death, shall be held on the trusts of this my will, an insurance or insurances shall be effected, so as to preserve to my trust estate, on the cesser or determination of such annuity or annuities by the death of the person or persons on 'whose death such annuity or annuities respectively shall be determinable, one sum or sums in money, equal to the price at which such annuity or annuities shall have been purchased by me, or by my trustee or trustees for the time being.

3

That in case an annuity shall be when trust

continuing

property shall

be sold, a part of trust monies to

be laid out by trustees in pur

chase of £3 per cent. Consols, and in defraying the expenses of purchasing and transferring &c., and sums pur

the

chased to be

held in trust

CXI. Provided always, and in case the said secondmentioned annuity of £ shall be continuing at the time when the trust property shall be sold under the trusts and provisions last hereinbefore contained, then and in that case a competent part of the said trust monies shall be laid out and invested by the said A. B. and C. D., or the survivor of them, and the executors or administrators of such survivor, in their or his names or name, in the purchase of £per cent. Consolidated, or 3 per cent. Reduced Bank Annuities, and in defraying the commission on purchasing and the expenses of transferring the same Bank Annuities; and the said sum of £— shall be held by the said A. B. and C. D., and the survivor of them, and the executors and ad- to pay the annuity; and after ministrators of such survivor, upon trust to answer and pay determination the said last-mentioned annuity of £ during the continuance thereof, to the said E. F. and her assigns; and after the determination of the said last-mentioned annuity, and in the meantime subject thereto, do and shall stand and be possessed of the said last-mentioned Bank Annuities upon the same or the like trusts as are hereinbefore declared of and concerning the residue of the trust money to be produced from such sale or sales as are lastly herein before directed to be made, being the sale or sales to be made after the death of the said G. H., in the event of the death of the said E. F. in his lifetime.

of same, upon

other trusts.

eviction of any part of settled

lands, sums

CXII. Provided always, and in case there should be an That in case of eviction of the said manors and hereditaments hereby released or otherwise assured, or intended so to be, or any of them, to the value of £- a year or upwards, within twenty-one years from the day of the date of these presents,

raiseable under

settlement shall be reduced pro

portionably,

and that trustees shall be judges of the

quantum of reduction.

That in certain

shall not be

raised, or, if

raised, shall be applied in exoneration of lands, or in compensating the person who

then and in that case, and when and so often as such eviction shall happen, unless the contrary should be directed by the said E. K. the elder and E. K. the younger, during their 'joint lives, the several annual rent-charges hereby created, and the rent-charges which may be created under any of the powers hereinbefore contained, and also the several sums in gross (except money for costs as aforesaid) which are or may be charged under or by virtue of these presents, either for portions or otherwise, shall be reduced in amount, in the same rate and proportion as the then annual value of the manors and hereditaments so evicted shall bear to the then annual value of all the manors and other hereditaments hereby settled and agreed to be settled, including those to be purchased, which the said &c.; And the full, whole, and exclusive power of fixing and ascertaining such proportion shall be in the said A. B. and C. D., or the survivor of them, his executors or administrators, or other person or persons who, for the time being, shall be substituted as a trustee or trustees in his or their place or stead; and the determination of the trustee or trustees for the time being, declared by writing under his or their hand and seal or hands and seals, and inrolled in the High Court of Chancery, shall, from and after such inrolment, be final, conclusive, and binding on all persons parties to these presents. Provided always, and no such eviction shall prejudice, affect, or impeach any sale or sales, mortgage or mortgages, which shall have been previously made under or by virtue of all or any of the powers hereinbefore contained.

CXIII. Provided always, and it is hereby declared and events a charge agreed by and between all the parties to these presents, that in case there shall be no child of the said intended marriage, or no child who shall be living at the death of the survivors of them the said A. B. and C. D., or who shall leave issue living at the death of the survivor of the said A. B. and C. D., or if the child or each of the children living at the death of the survivor of the said A. B. and C. D. shall afterwards depart this life under the age of twenty-one years without issue living at his death, then subject and without prejudice to the right of the said A. B. during her life to

shall have borne the charge.

receive the interest and income of the said sum of £-
and of the stocks, funds, and securities in and upon which
that sum shall be invested, shall, unless previously raised,
cease to be a charge on the said manors, messuages, lands,
tenements, and hereditaments, to be granted by way of
mortgage for the security of the same; and if raised, shall be
applied in the exoneration of the said manors, messuages,
lands, tenements, and hereditaments from which the same
shall have been raised, or (as the case shall require) in com-
pensating the person or persons who shall have borne the
charge of raising the same, any thing hereinbefore contained
to the contrary thereof notwithstanding.

That residue of trust money charged from annuity on the appropriation of a fund to answer the same

shall be dis

annuity: no appropriation to be made except

CXIV. Provided always, and in case the said trustee or trustees for the time being do and shall, at any time after the death of the said A. B., appropriate and set apart so much of the said trust monies, stocks, funds, and securities (not being the said annuity) as shall then produce a yearly sum of £-, then and in that case, and from that time, the residue of the said trust monies, stocks, funds, and securities, shall be exonerated of and from the payment of the to enable chilsaid annual sum of £. Provided always, and no such appropriation shall be made for any other purpose than to enable the child, children, or other issue of the said intended marriage to receive his, her, or their portion, notwithstanding the said C. D. shall be living.

dren to receive their portions.

That on dissolution of intended

marriage, or on

a

the benefit of

intended wife and children of

CXV. Provided always, and it is hereby further declared and agreed by and between the said parties to these presents, and the said A. B. and C. D., according to their second marrespective rights and interests, do hereby respectively direct money shall be and appoint, that in case the said A. B. [husband] shall sur- appropriated for vive the said C. D. [wife], and shall afterwards intermarry with any other person while there shall be any child or children, or other issue of the said intended marriage, or if the said intended marriage between the said A. B. and C. D.. shall be dissolved by Act of Parliament, in the lifetime of the said C. D., by reason of any act or default on the part of the said A. B., then and in either of the said cases the said sum of £ or so much and such part thereof as shall

marriage.

That unless sti. pulated to the

contrary, all

to issue of mar

riage shall be

borne by the

have been lent or advanced to the said C. D., or (as the case shall require) £- part of the said trust monies, or so much thereof as with the money to be lent or advanced to the said C. D. will make up the sum of £———, shall be set apart and appropriated for the benefit of the said C. D., and the children (if any) of the said intended marriage, or for such children alone if the said C. D. shall be dead, or for the said C. D. alone if there shall be no issue of the said intended marriage; and be held in the same manner, and upon, under, and subject to the same or the like trusts, powers, provisoes, and regulations in all respects, and to be vested and paid or payable at the same times as if the said A. B. had actually departed this life at the time when such dissolution of the said intended marriage or (as the case shall require) such second marriage shall take place, any thing hereinbefore contained to the contrary thereof in anywise notwithstanding.

CXVI. Provided always, in case no stipulation to the contrary shall be made during the joint lives of the said sums advanced A. B. and C. D., with their joint consent in writing, all sums of money to be advanced to and for the said sons and issue male respectively of the said intended marriage, shall, as to tain proportion. and against the said A. B. and C. D. respectively, and all persons claiming under them respectively, by virtue of their ultimate or reversionary interest, be taken from the several funds, rateably and in proportion as £

funds in a cer

That a prior annuity charged on other lands shall be re

ceived in exoneration, as far as it will

extend, of the

bears to £; viz.

the funds of the said C. D. to bear
parts of such ad-
vancement, and the funds of the said A. B. the younger to
bear the remaining parts of the same advancement.

CXVII. Provided also, and it is hereby further declared and agreed by and between the parties to these presents, and it is the true intent and meaning of them and of these presents, that one annuity or yearly rent-charge of £ secured or to be secured to the said A. B. for the term of her life, to commence after the death of the said C. B., and to be charged and chargeable upon, and issuing, payable, had, received, and taken from and out of all or part of her by another the hereditaments which are subject to the power of jointuring contained in the will of E. F. Esquire, the maternal

annuity hereby

secured; and

that while wife

enjoys provision made for

deed, the pre