Also, I give and devise unto my grandson G B all that my messuage and tenement, with the appurtenances, situate, lying and being at commonly called : To have and to hold (subject nevertheless to, and charged and chargeable with the annuity, yearly rent or sum of here in after mentioned) to him the said G B his heirs and assigns forever: And I do hereby give, devise and bequeath unto my wife E B and her asssigns, for and during the term of her natural life, one annuity or clear yearly rent or sum offree of all taxes and other deductions, to be issuing and payable out of the said messuage and tenement, and to be paid and payable by equal half yearly payments atthe first payment thereof to be on ; and I do hereby charge and subject the said messuage and tenement to and with the payment of the said annuity, yearly rent, or sum of- accordingly : And my will is, that in case the said annuity, or any part thereof, shall be behind or unpaid by the space of twenty days next after the aforesaid whereon the same is herein before directed to be paid as aforesaid (being lawfully demanded) that then and so often it shall and may be lawful for my said wife and her assigns, to enter upon the said premises, charged with the said annuity as aforesaid, and distrain for the same or for so much thereof as shall be so in arrear; and the distress and distresses then and there found, to detain and keep, until she shall be fully paid and satisfied all such arrearages, with costs and charges in and about the making and keeping thereof. And in case the said annuity, or any part thereof, shall be behind and unpaid for the space of forty days next after any of the said days of payment, whereon the same ought to be paid as aforesaid, that then and so often it shall and may be lawful for my said wife and her assigns, into all and singular the premises, charged with the said annuity as aforesaid, to enter, and the rents, issues and profits thereof to receive and take, until she be therewith and thereby, or by the person or persons who shall be then intitled to the imme diate possession of the premises, paid and satisfied the same and every part thereof, and all the arrears thereof incurred before, and that shall incur during such time as she shall receive the rents, issues and profits thereof, or be intitled to receive the same by virtue of such entry to be made as aforesaid, together with her costs, damages and expenses laid out and sustained, by reason of the nonpayment thereof, or any part thereof. Also, I give and devise unto D F all that my messuage and tenement, with the appurtenances, which I hold by or under a lease fromand all my estate, right, title, term, and interest of and in the same premises, with the appurtenances; To have and to hold to him the said D F his executors, administrators and assigns, and to and for his and their own use and benefit. Also, I will and ordain, that the executor of this my last will and testament, or his executor or executors, for and towards the performance of my said testament shall, with all convenient speed after my decease, bargain, sell and alien in fee simple all those my lands called ; for the doing, executing, and perfect finishing whereof, I do by these presents give to my said executor and his executor or executors, full power and authority to grant, alien, bargain, sell, convey and assure all the same lands called- to any person or persons and their heirs for ever in fee simple, by all and every such lawful ways and means in the law, as to my said executor or his executor or executors, or to his or their counsel learned in the law, shall seem fit or necessary. And I do hereby appoint my trusty friend E E executor of this my last will and testament, and do give unto him the sum of-in consideration of the pains and trouble he will have in the execution of this my will. -the sum of one hundred dollars. the like sum of one hundred Also, for the better education of my children A, B and C, I do give and dispose of the tuition and custody of them, and every of them, unto my wife EB for such time as they or any of them respectively continue unmarried, and under the age of one and twenty years, and my said wife remains my widow; but if my said wife shall die or marry, during the single life and nonage of any of my said children, then I give the custody and tuition of such of my children, so be ing unmarried and under the age of one and twenty years at the marriage or death of my wife, unto my said executor E E. Also, I do hereby authorize, empower, and direct my said executor, his executor or executors, from and after my decease until the aforesaid G B shall attain his age of one and twenty years, to manage and improve the estate and fortune of him the said G B by me hereby given him, for his use and benefit, and to lease all or any part of his freehold, or leasehold estates, and to lend and place out upon security or securities, at interest or otherwise improve according to his or their discretion or discretions, all or any part of the monies belonging to or arising from the said estates and fortune of the said G B and to pay unto and account with him the said G B for all such rents, interests, produce and improvements, as shall arise from, or be. made of, and produced by the estates, monies and fortune hereby given and devised to him when he shall attain his age of twenty one years. And my will is, and I do hereby expressly declare, that my said executor, his executor or executors, shall not be charged or chargeable with, or accountable for, more of the aforesaid monies or estates than he or they shall actually receive, or shall come to his or their respective hands by virtue of this my will, or with or for any loss which shall happen of the said monies or estates hereby by me given to the said C B, or of any part of my personal estate, so as such loss happen without his or their wilful default and neglect. And also, that it shall and may be lawful for him my said executor, and his executor or executors, in the first place, out of the said premises respectively, and out of the residue of my personal estate, to deduct and reimburse him and themselves respectively, all such loss, costs, charges and expenses as he or they shall sustain, expend or be put unto, for or by reason of the performance of this my will, or the management or execution thereof respectively, or any other thing in any wise relating thereto. And finally, all the rest, residue and remainder of all my estate and effects, real and personal, whatsoever and wheresoever, not herein before otherwise effectually disposed of (after payment of my debts, legacies, and funeral expenses, and other charges and deductions as aforesaid) I do give, devise and bequeath unto my eldest son A B. In witness, &c. A B. Signed, sealed, published and declared, by the said Testator as and for his last will and testament, in presence of us, who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses thereto. C D, G H. |