be paid and payable to such person or persons as would, for the time being, be entitled to the rents and profits of the lands and tenements so to be purchased as aforesaid, in case the same were actually purchased and settled as hereinbefore is directed.

No. 62. Residuary Clause in Trust.

Item. All the rest, residue, and remainder of my estate, real, personal, and mixed, whatsoever and wheresoever, I order and direct to be converted into money as soon as the same can conveniently be done after my decease; and for that purpose, I do hereby authorize and empower my said executors, hereinafter named, and the survivor of them, to sell and dispose of all my said real estate, either by public or private sale or sales, for the best price or prices that can be gotten for the same, and by proper deed or deeds, conveyances, or assurances in the law, to be duly executed, acknowledged, and perfected, to grant, convey, and secure the same to the purchaser or purchasers thereof, in fee simple.

And, when the whole of my said residuary estate shall be converted into money as aforesaid, then I will and direct that the same shall be divided into four equal parts or shares, and disposed of as follows, to wit:

One full, equal fourth part or share thereof I give, devise, and bequeath unto my said executors, hereinafter named, and the survivor of them, in trust, that they or he do and shall put and place the same out at interest on good, real, security, or in the funded debts of the United States, the State of

.., or the city of

and pay over the interest or dividends thereof from time to time, when and as the same shall be got in and received,

unto my beloved wife,

during

all the term of her natural life, which is to be in lieu of the dower to which she is entitled by law.

...

And from and immediately after the death of my said wife, I give, devise, and bequeath the principal of the said one-fourth part or share of my said residuary estate to be equally divided, share and share alike, between my daughters, and ....

....

and my son, and any other child or children which I may have born by my present marriage; the part or share in this bequest of my said two daughters, and .... to be held,

however, by my said executors, in trust, in the same manner and for the same uses as are hereinafter set forth and declared of and concerning the parts or shares of my said residuary estate bequeathed to them for the use of my said two daughters, and ...

One other of the said full, equal fourth parts or shares of the proceeds of my said residuary estate, I give, devise, and bequeath unto my said executors, hereinafter named, and the survivor of them, in trust, that they or he shall and do put and place the same out at interest in manner aforesaid, and pay over the interests and dividends aforesaid, from time to time, when and as the same shall be got in and received, unto my said daughter, and during all the term of her natural life; so, nevertheless, that the same shall be for her sole and separate use, notwithstanding any coverture, and not to be in anyway or manner whatever liable to the contracts, debts, or engagements of any husband which she may hereafter have or take, and not to be in any way or manner whatever subject

for

to the control or interference of such husband. And from and immediately after the decease of her, my said daughter, .., then, as to the said principal, in trust

to and for the only proper use and benefit of all and every the child and children which she, my said daughter, then, as to the said principal, in trust

to and for the only proper use and benefit of all and every the child and children of my said daughter,

...

may leave, and the lawful issue of any of them who may then be deceased, having left such issue, to be equally divided between them, share and share alike, such issue of any deceased child or children of my said daughter,

taking, however, only such part or share thereof as his, her, or their deceased parent or parents would have had and taken, had he, she, or they been living.

One other of the said full equal fourth parts, etc. (as in preceding clause, only substituting

.).

....

for

And the remaining one full equal fourth part or share of the proceeds of my said residuary estate, I give, devise, and bequeath unto my said executors, hereinafter named, and the survivor of them, in trust, that they or he do and shall put and place the same out at interest in manner aforesaid, and pay and apply such interest, or so much thereof as shall be required, toward the education and maintenance of my said son, until he attains the lawful age of twenty-one years; and when and as soon as he, my said son, arrives at the age aforesaid, then in trust to pay over the principal thereof, together with any accumulation of interest thereon which may be in their hands uninvested, unto him, my said son,

Item. In case of the decease of my said daughters, and ..., or either of them, without leaving lawful issue, or of the decease of my said son, under age, and without leaving lawful issue, then, in such case, I give, devise, and bequeath the said part or share, hereinbefore given, devised, and bequeathed to such child so dying, unto my said executors, hereinafter named, and the survivor of them, in trust, to hold the same for my surviving child or children, in equal shares and proportions, in the same manner, for the same uses, intents and purposes, and under the trusts and limitations as are hereinbefore set forth and declared of and concerning the parts or shares of my said residuary estate hereinbefore given, devised, and bequeathed for the use, benefit, and behoof of my said children, respectively.

I. Contest Clause.

No. 63. Clause Prohibiting Contest.

In case any of the beneficiaries in this my last will and testament shall dispute or contest the legality or validity of the will, or the competency of the testator to make and execute this will, or shall in any manner interfere with the proof, establishment, and execution of this will, then and in such case, all provisions herein made for such beneficiary are hereby revoked and declared to be null and void, and of no force and effect whatsoever.

J. Power Clauses.

No. 64. Clause Granting Power to Trustees.

I hereby authorize and empower my said trustee to exercise discretionary powers of sale, lease, partition and exchange over the real estate, stocks, bonds, mortgages or

other securities or other personal estate or any part or parts thereof, at my decease or from time to time thereafter composing or belonging to the said residuary estate, or to the said trust properties, estates, and premises aforesaid and whether original or subsequent investments; and in case of any sale or sales to sell at public or private sale, for cash or on credit, together on or in parcels, and in case of any lease or leases to lease for such periods of time, not exceeding fifty (50) years for any one lease, and upon such terms and conditions as to my said trustees may seem best; including power to make building leases so called for such terms of time not exceeding fifty (50) years for any one lease and with such stipulations concerning appraisements of rent time to time and concerning the purchase of the lessee's buildings, and improvements, party wall agreements, and such other stipulations, as to my said trustees may seem best; and in case of any partition, whether by suit or deed, or in case of any exchange, to give or receive any sum or sums of money or other property for equality of partition or exchange.

I further authorize and empower my said trustees in their discretion to improve any portion or portions of the real estate at any time belonging entirely or in undivided interests of said residuary estate and said trust properties, estates and premises, by erecting, repairing, and maintaining thereon, either by themselves or in connection with other tenants in common, including my said trustees as individuals, such buildings and improvements as my said trustees may deem expedient.

And I further authorize and empower my said trustees in their discretion to plat any land belonging to the said