thereto,

to use of

testator's sons in strict settlement.

Remainder to testator's

daughters common in Remainder

as tenants in

tail.

to testator's

own right

heirs.

Declaration

as to manestates during minori

agement of

ties.

that the said premises hereinbefore devised, shall Subject remain and be TO THE USE of my son, C. B. [remainder of devise in strict settlement for the benefit of the testator's sons, supra, p. 397], AND in default of such issue, TO THE USE of all my daughters, as tenants in common in tail in equal shares, with cross remainders in tail between or among them; and if all my daughters but one shall die without issue, then, as to the entirety of the said premises, TO THE USE of such one daughter in tail, WITH REMAINDER to my own right heirs. AND I HEREBY DECLARE, that if any person who would but for this present proviso be entitled to the possession or the receipt of the rents and profits of the said premises, or of any undivided share thereof as tenant for life, or as tenant in tail male or in tail by purchase, shall, being a male, be under the age of twentyone years, or, being a female, be under that age and not under coverture, then, and so often E. F., of &c., G. H., of &c., and I. K., of &c. [trustees], and the survivors and survivor of them, and the executors or administrators of such survivor (hereinafter called the trustees or trustee), shall, during such minority or minority and dis-coverture, receive the rents of and manage the same premises, or such undivided share thereof, and may cut or concur in cutting timber for repairs or sale or otherwise, and may preserve or concur in preserving game, and may accept and make, or concur in accepting and making, surren

T

ders from, and allowances to, and arrangements with, tenants and others, and generally may deal, or concur in dealing, with the same premises as if they or he were the absolute owners or owner thereof, or of such undivided share thereof, and after discharging the whole or a proportionate part of the expenses incurred in or about such management, or in the exercise of any of the powers aforesaid, or otherwise in respect of the premises, and of such outgoings as they or he shall think fit to pay, and keeping down the whole or a proportionate part of any annual sum, and of the interest of any gross sum which may be charged upon the said premises or any part thereof, shall apply such annual sum as the said trustees or trustee shall think proper in or towards the maintenance or education of such minor (either directly or by payment to his or her guardian or guardians without personally seeing to the application thereof); and shall accumulate the residue of the said rents and profits in the way of compound interest, by investing the same and the resulting income thereof in the names or name of the said trustees or trustee in any of the public stocks or funds or Government securities of the United Kingdom, or upon real securities in England or Wales, but in no other mode of investment, and may vary the same at their or his discretion, and shall hold all the said residue of the said rents and profits, and the stocks, funds, and securities

in or upon which the same may be invested, and the income thereof and the accumulations thereof, UPON THE TRUSTS following; that is to say, IF the person during whose minority the said rents and profits shall have been accumulated as aforesaid shall, being a male, attain the age of twenty-one years, or being a female, shall attain that age or marry under that age, THEN, in trust for such person and his or her executors, administrators, and assigns, as his or her personal estate; BUT if such person shall, being a male, die under the age of twenty-one years, or being a female, shall die under that age and without having been married, THEN "upon the trusts, and with and subject to the powers and provisions applicable to monies arising from sales under the power of sale hereinfter contained, and stocks, funds, and securities purchased therewith" (a). [Power for tenants for life to jointure, with ancillary clauses, supra, p. 400]: PROVIDED ALWAYS, AND I HEREBY DECLARE, that every person hereby made tenant for life of the said premises, when he shall be entitled to the possession or the receipt of the rents and profits thereof, and, during the minority of any person hereby made tenant in tail male or tenant in tail by purchase of the said premises, who, if of

(a) If the statutory power of sale be not relied upon, the referential trusts, supra, p. 399, should be substituted for the clause in the text.

Power to twenty-one nine years.

lease for

or ninety

Declaration rendering statutory power of

sale and exchange available.

Bequest of leaseholds on trusts corresponding with

uses of freeholds.

full age, would be so entitled as aforesaid, the said trustees or trustee, may by deed appoint by way of demise, &c. [remainder of power to lease for twenty-one or ninety-nine years, supra, p. 346]. AND I FURTHER DECLARE that the said trustees or trustee for the time being, shall have a power of sale and exchange over all or any of the said premises, exerciseable during the life of any tenant for life in possession of the same premises with his consent in writing, and during the minority of any tenant in tail male or in tail by purchase, in possession of the same premises under this my will, or any part thereof, at the discretion of the said trustees or trustee (a). I DEVISE AND BEQUEATH all the leasehold messuages, lands, tenements, and hereditaments of or to which I shall at my death be seised or entitled, or over which I shall at my death have any power of disposition by will (except what I otherwise dispose of by this my will or any codicil hereto), UNTO the said E. F., G. H., and I. K., their executors, administrators, and assigns, for all such estate, term, and interest as I shall have therein respectively at my death, UPON TRUST, that the said E. F., G. H., and I. K., and the survivors and survivor of them, and the executors or administrators of such survivor, shall, by and out of the rents and profits thereof,

(a) As to the necessity of this declaration, see supra, p. 406, n.

PAY the rents and annual sums reserved by the leases thereof respectively, and perform and observe the covenants by the lessee and conditions in the said leases respectively contained, AND SUBJECT thereto shall hold the same premises UPON SUCH TRUSTS, and subject to such powers, provisions, and declarations, as shall correspond with the uses, trusts, powers, provisoes, and declarations hereinbefore limited and declared concerning my freehold hereditaments hereinbefore devised, as nearly as the different tenure and quality of the premises, and the rules of law and equity will permit, but not so as to increase or multiply charges or powers of charging, and so that neither such of the same premises as are held by a lease for years, nor any undivided share thereof, shall vest absolutely in any person hereby made tenant in tail male, or in tail by purchase of the said freehold premises, unless such person shall attain the age of twenty-one years, but on the death of such person under that age shall go, devolve, and remain in the same manner as the same would have done had they been freeholds of inheritance included in the devise in strict settlement herein before contained. [Devise of trust estates to E. F., G. H., and I. K., supra, p. 377.] And I hereby appoint the said E. F., G. H., and I. K. executors of this my will. IN WITNESS &C.