1835. CURSHAM บ. NEWLAND. lives and the life of the longest liver of them, to and for their and his absolute use; and, from and after the decease of my said nephews and the survivor of them, to the use of all and every the lawful children of them my said nephews, and to their heirs and assigns for ever, as tenants in common and not as joint tenants; and, in case there shall be only one such child, then to such only child, and his or her heirs and assigns for ever; but, in the event of there being no such child, or, there being children of my said nephews or such only child, and they or he or she dying in the lifetime of the said B. W. Gilbert and G. F. Gilbert or the survivor of them, without leaving lawful issue, then, from and after the decease of the said B. W. Gilbert and G. F. Gilbert, and the decease of the survivor of them, I give and devise all the aforesaid messuages, lands, tenements, hereditaments, and premises, with their appurtenances, to and for the same uses, ends, intents, and purposes as I have hereinafter directed as to the disposal of my residuary real and personal estate and effects. Item -I do hereby direct that my said trustees, the said W. C. Newland, W. W. Holland, and H. Hall, do and shall within three calendar months after my decease lay out and invest in their names in some of the government stocks and funds in England the sum of 4000%. sterling, and stand possessed of the stocks and funds so purchased upon the trusts following, that is to say, upon trust that they my said trustees or the survivors or survivor of them, or the executors or administrators of such survivor, do and shall pay to my son Richard Merricks, or permit and suffer him from time to time as the same shall become due to receive, all the interest and dividends arising from the said trust stocks and funds, during his natural life, for his use; and, from and after his decease, in case my said son shall intermarry with any wife and shall leave her him surviving, upon further trust to pay or permit and suffer such wife of my said son R. Merricks who shall so survive him to receive and take the dividends and interest accruing from the said trust stock to and for her own use during her natural life; and, from and after the decease of the survivor of them my said son R. Merricks and of any wife he may leave him surviving, then upon trust to pay the principal of the said trust monies, stocks, or funds in equal shares and proportions unto and amongst all and every the chil dren of my said son R. Merricks lawfully begotten who shall live to attain the age of twenty-one years, being a son or sons, or, being a daughter, shall live to attain that age or be married with the consent of her parents or guardians, and, if there shall be only one child of my said son who, being a son, shall live to attain the said age, or, being a daughter, shall attain the said age or be married with such consent as aforesaid, then upon trust to pay, assign, or transfer the whole of the said trust stocks or funds to such only child for his or her own use and benefit absolutely; but, in case my said son R. Merricks shall happen to die without leaving lawful issue, or, leaving lawful issue, such issue, being a son, shall not live to attain the age of twentyone years, or, being a daughter, shall not attain that age or be married as aforesaid, then upon trust immediately after the decease of my said son R. Merricks and of any wife with whom he may have intermarried, and of the survivor of them, to pay, assign, and transfer the said principal trust stock and funds in equal shares and proportions between and amongst my four daughters, Elizabeth the wife of G. Buckton the younger, Louisa Merricks, Susanna W. Merricks, and Harriet Merricks, who shall be then living, or to the lawful issue of such of them as shall be then dead, such issue taking the part or share which their, his, or her mother would have been entitled to had she been then living, such share to be equally divided in equal parts and proportions amongst the children of such of my daughters who shall be then dead if more than one, and, if but one, then the whole of such my deceased daughter's share shall 1835. CURSHAM v. NEWLAND. 1835. CURSHAM V. NEWLAND. go and be paid to such only child; and, if neither of my said daughters shall be then living at the decease of my said son R. Merricks and his wife without leaving lawful issue as aforesaid, then I direct that the whole of the said trust stocks and funds shall be divided between and amongst all my grandchildren being children of my aforesaid daughters equally between them. Item-I do hereby further order and direct that my aforesaid trustees or the survivor of them, and the executors and administrators of such survivor, do and shall within the like space of three calendar months after my decease in like manner lay out and invest in their names in some of the government stocks or funds in England the three several further sums of 30007., 30007., and 3000l., sterling, in trust for the use and benefit of my said daughters, Louisa Merricks, Susanna W. Merricks, and Harriet Merricks respectively, and their respective issue lawfully begotten, upon exactly the same trusts, and to and for the same ends, intents, and purposes with regard to my said daughters, Louisa Merricks, Susanna W. Merricks, and Harriet Merricks, and any husbands they may leave them surviving, and the lawful issue of them my said daughters respectively, with remainder over, on failure of issue, to my said son and my other daughters and their issue, as are heretofore declared with respect to the said sum of 40007. herein before directed to be laid out for the benefit of my said son Richard Merricks and any wife and issue he may leave. Item-I do hereby likewise order and direct that my aforesaid trustees, or the survivor of them, and the executors or administrators of such survivor, do and shall, within the like space of three calendar months after my decease, in like manner lay out and invest in their names in some of the government stocks or funds aforesaid the further sum of 10007. sterling, in trust for my said daughter Elizabeth the wife of the said G. Buckton, for the separate use and benefit of her my said daughter Elizabeth Buckton and of her issue lawfully begotten, upon exactly the same trusts, age 1835. CURSHAM v. NEWLAND. 1835. CURSHAM v. NEWLAND. sons, shall not live to attain the age of twenty-one years, or, being a daughter or daughters, shall not live to attain that age or be married-then the part or share or parts or shares of him, her, or them so dying to be for the benefit of the survivors and their issue, in the same manner as their original parts and shares are herein before given to them respectively as aforesaid. Item-I do hereby make, constitute, nominate, and appoint the said W. C. Newland, W. W. Holland, and H. Hall, executors of this my will: Provided and my will is, that my said trustees and executors herein before named, and the survivors and survivor of them, and the executors and administrators of such survivor, shall and may at all times in the first place reimburse and indemnify themselves and himself respectively all such costs, charges, damages, and expenses, as they or either of them shall or may at any time expend, lay out, and be put unto for or by reason or means of all, any, or either of the trusts hereby in them reposed, and that neither of them shall be answerable for any loss which may happen to any of the said trust premises, unless such loss happen through his or their wilful neglect or default, nor one for the other or others of them; nor for more monies than shall actually come to each of their hands respectively; but each and every of them for his and their own acts, deeds, receipts, neglects, and defaults only; nor for any loss which shall or may happen by occasion of depositing any money in the hands, keeping, or custody of any public or common banker: and I do hereby revoke, annul, and make void all former and other wills by me at any time heretofore made, and do declare these presents only to be and contain my last will and testament. In witness &c. The testator departed this life on the 26th June, 1822. The said B. W. Gilbert has one child only-the defendant Thomas Gilbert. The said G. F. Gilbert never has had any child. The said Richard Merricks, the testator's son, has never had any child. The said Louisa Cursham, now |