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1833.

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ABBOTT.

fees attending the admittance or admittances of the said Francis Abbott and Gardiner Chapman, or the survivor of them, or the heirs of such survivor, to any part or parts of the said messuages, lands, tenements, and hereditaments, which are or may be holden of any manor or manors by copy of Court Roll; and also the costs, charges, and expenses of maintaining and keeping the houses, edifices, and buildings of and belonging to the said premises in good repair, and also the land-tax, quit-rents, and other outgoings which shall or may become payable for or in respect of the said premises, or any part or parcel thereof; and also the costs, charges, and expenses of executing and performing the trusts of this my will, and subject thereto, upon trust that the said Francis Abbott and Gardiner Chapman, or the survivor of them, or the heirs of such survivor, do and shall, by and out of the rents and profits of the said messuages, lands, tenements, and hereditaments, pay or cause to be paid to my wife, Dame Ann Playters, if she shall survive me, or her assigns, for and during the term of her natural life, one annuity or clear yearly sum of 250l. of lawful money of Great Britain, free from all taxes, deductions, or other impositions whatsoever, the said annuity or clear yearly sum of 250l. to be in lieu and bar of dower, and to be paid to the said Dame Ann Playters or her assigns on the four following days : viz. the 6th day of January, the 6th day of April, the 6th day of July, and the 11th day of October in each and every year by equal portions, and the first payment thereof to commence and to be made on such of the said days as shall first happen after my decease; and subject thereto, upon trust that the said Francis Abbott and Gardiner Chapman, or the survivor of them, or the heirs of such survivor, do and shall pay or cause to be paid the clear rents and profits of the said messuages, lands, tenements, and hereditaments into the proper hands of my daughter Elizabeth

1833.

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Wright Moore, the wife of Robert Moore Esq., to and for her sole, separate, and exclusive use and benefit, for and during the term of her natural life, or to such person or persons as she the said Elizabeth Wright Moore, notwithstanding her coverture, shall by any writing under her hand from time to time during her life direct or appoint, every such direction and appointment being made from time to time, as to so much only of the rents and profits of the said premises as shall be actually due and payable, and no such direction or appointment to be of any avail or force if made by anticipation, or as to any rents and profits not actually due or payable at the time when such direction or appointment shall be made; and after the decease of the said Elizabeth Wright Moore, upon trust that the said Francis Abbott and Gardiner Chapman, or the survivor of them, or the heirs of such survivor, do and shall, subject and without prejudice to the payment of the said clear yearly sum of 250l. to the said Dame Ann Playters or her assigns, for and during the term of her natural life as aforesaid, convey and assure the said messuages, lands, tenements, and hereditaments unto and amongst all the children of the body of the said Elizabeth Wright Moore lawfully to be begotten, in equal shares as tenants in common, and not as joint tenants, and the several and respective heirs of the bodies of all such children lawfully issuing; and if there shall be but one such child, to the use of such only child, and the heirs of his or her body; and if there shall be more than one such child, and there shall be a failure of lawful issue of the body or bodies. of any such child or children, then as to the original part and share, parts and shares of such child or children whose issue shall so fail, as well as to such other part and share, parts and shares, as by virtue of this clause shall have become vested in, or have accrued unto any of the same child and children, and his, her, and their H 2

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issue, upon failure of issue of any other of the said children, upon trust that the said Francis Abbott and Gardiner Chapman, or the survivor of them, or the heirs of such survivor, do and shall convey and assure the said messuages, lands, tenements, and hereditaments to the use of the remaining and other and others of the said child and children, equally to be divided between and amongst such remaining and other children, if more than one, share and share alike as tenants in common, and not as joint tenants, and the heirs of the body and respective bodies of such remaining and other child and children ; and if there shall be but one such remaining or other child, then to the use of such child and the heirs of his or her body; and in default of such issue, then upon trust that the said Francis Abbott and Gardiner Chapman, or the survivor of them, or the heirs of such survivor, do and shall, out of such rents and profits of the said messuages, lands, tenements, and hereditaments, pay to the said Rcbert Moore any annual sum not exceeding the clear yearly sum of 200.., for and during the term of his natural life, if the said Elizabeth

Iright Vowe shall, by her last will and testament in writing, or any codicil to be by her duly executed, but not otherwise, so direct or appoint, and which annual sum I hereby direct shall be from time to time paid into the proper hands of the said Rolert Moore, and not to any other person or persons whomseever, and for which his roups and receipts, signed with his own proper hand, shall from time to time be the only legal and sufficient discharge and discharges for so much of the said annual sum as sui then be due, and not by war of anticipation, por as to enable him to sell, change or inecater the sme or any part thereof,

ni subject to such tractiva ut spiciatment (if any) e or in direct de sa R 1 7 ; thea apon trus, kas F

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man, or the survivor of them, or the heirs of such sur.
vivor, do and shall pay or cause to be paid the clear
rents and profits of the whole of the said messuages,
lands, tenements, and hereditaments to the said Dame
Ann Playters, in lieu of the said annuity or yearly sum
of 250l., or to such person or persons, and for such
intents and purposes, as the said Dame Ann Playters
shall, by any writing or writings under her hand, from
time to time direct or appoint, for and during the term
of her natural life; and after her decease and failure of
all the limitations aforesaid, then upon trust that the
said Francis Abbott and Gardiner Chapman, or the sur-
vivor of them, or the heirs of such survivor, do and shall,
subject to such appointment, if any, to or in favour of
the said Robert Moore, pay or cause to be paid the clear
rents and profits of all the said messuages, lands, tene-
ments, and hereditaments to my cousin W. Hird, a
lieutenant in his Majesty's royal navy, for and during
the term of his natural life, to and for his own use and
benefit; and from and after the decease of the said
W. Hird, then upon trust that the said Francis Abbott
and Gardiner Chapman, or the survivor of them, or the
heirs of such survivor, do and shall, subject to such ap-
pointment (if any) to or in favour of the said Robert
Moore, pay or cause to be paid the clear rents and
profits of all the said messuages, lands, tenements, and
hereditaments to the Rev. Joshua Hird, brother of the
said W. Hird, for and during the term of his natural life,
for his own proper use and benefit; and from and after
the respective deceases of the said W. Hird and Joshua
Hird, upon trust, subject to such appointment (if any)
to or in favour of the said Robert Moore, that the said
Francis Abbott and Gardiner Chapman, or the survivor
of them, or the heirs of such survivor, do and shall
convey and assure the said messuages, lands, tenements,
and hereditaments, unto and amongst all the children

1833.

of the body of the death of the survivorcabeth Wright

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of the body of the said Joshua Hird who shall be living at the time of the death of the survivor of them, the said W. Hird, Joshua Hird, and Elizabeth Wright Moore, and failure of her issue as aforesaid, in equal shares and proportions as tenants in common, and not as joint tenants, and to their respective heirs and assigns for ever; and if there shall be but one such child, in trust to convey and assure the said messuages, lands, tenements, and hereditaments to such only child, his or her heirs and assigns for ever; and if there shall be no such child of the body of the said Joshua Hird living at the time of the death of the survivor of them the said W. Hird, Joshua Hird, Elizabeth Wright Moore, and failure of her issue as aforesaid, then I give and devise one moiety of the said messuages, lands, tenements, and hereditaments to the said Gardiner Chapman, his heirs and assigns for ever; and I give and devise the other moiety of the said messuages, lands, tenements, and hereditaments to the said Francis Abbott, his heirs and assigns for ever; and if the said Francis Abbott shall die in my lifetime, then I give and devise such last mentioned moiety of the said messuages, lands, tenements, and hereditaments to Esther Sarah Abbott and Elizabeth Abbott, of Brunswick Square, in the county of Middlesex, spinsters, daughters of the said Francis Abbott, in equal shares and proportions as tenants in common, and not as joint tenants, and to their heirs and assigns for ever; and if either of them the said Esther Sarah Abbott and Elizabeth Abbott shall die without issue in my lifetime, and before the decease of the said Elizabeth Wright Moore, then I give and devise the whole of such lastmentioned moiety of the said messuages, lands, tenements, and hereditaments to the survivor of them the said Esther Sarah Abbott and Elizabeth Abbott, her heirs and assigns for ever."

The

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