Page:The English Reports v1 1900.pdf/1282

aforesaid, in trust for my said son Mark, shall; from and after his death, go to and vest in my son John; and that from thenceforth, my said son John shall be permitted and suffered to receive the rents, issues, and profits thereof, and be entitled thereto, and to such conveyance of the same from my said trustees, as is before directed with respect to my said son Mark concerning the same; subject nevertheless to such jointure and provision as shall happen to be made thereout for the wife of the said Mark, on his intermarriage; it being my will and desire, that if my said son Mark dies before he is married, or if he should die having no issue of his body lawfully to be begotten, then the said lands shall be enjoyed as aforesaid by my said son John, subject to the jointure and provision made for the said wife of the said Mark, and the other charges and legacies aforesaid.

Item, I leave and bequeath to my said brother Alderman David Tew, and my said brother-in-law William Stear, their heirs, executors, and administrators, respectively, my lenses and leasehold lands of Rathkilmore, Moynalvy, Larracor, Readstown, and Freffans, in the said county of Meath, subject to the several legacies herein after mentioned, upon the trusts following; viz. In trust to permit and suffer my said son John and his assigns, to receive the rents, issues, and profits of the said last mentioned lands and premises, and every of them, until the day of my said son John's marriage; and then that the said Alderman David Tew and William Stear, or the survivor of them, or the heirs, executors, or administrators of such survivor, do and shall, in conjunction with my said son John, make provision thereout, by way of jointure, for such wife as the said John shall marry, not exceeding £70 per ann. to be paid to her, or her assigns, yearly and every year during her life, in case she shall outlive the said John, out of the yearly rents, issues, and profits of the last mentioned lauds and premises, or some competent part thereof. And upon this further trust and confidence, and to the intent and purpose, that in case my said son John shall have any issue lawfully begotten, then, and in such case, they the said David Tew and William Stear, or the survivor of them, his or their heirs, executors or administrators, shall, at or upon the request of my said son John, convey, assign, and make over unto him, the said several last mentioned leases, leasehold lands, and premises, and every of them, and all my estate, terms, and interest therein, in such manner as counsel learned in the law shall reasonably advise or devise, to enable my said son John to make provision for his children: but my will farther is, that if my said son John [197] shall happen to have no issue lawfully begotten, then, and in such case, the said last mentioned leases, lands, and premises, devised as aforesaid, in trust for my said son John, shell, from and after his death, vest in and come to my said son Mark; and that from thenceforth my said son Mark shall be permitted and suffered to receive the rents, issues, and profits of the said last mentioned lands and premises, and be entitled thereto, and to such conveyance of the same from my said trustees, as is before directed with regard to my said son John concerning the same; subject nevertheless to such jointure and provision as shall happen to be made thereout for the wife of the said John on his intermarriage; it being my will and intention, that if my son John shall die before he is married, or if he be married and shall have no issue lawfully begotten, then, and in such case, the said last mentioned lands and premises shall be enjoyed as aforesaid, by my said son Mark; subject nevertheless to the jointure and provision made for the said John's wife, and the legacies hereinafter mentioned to my daughter Sarah.

Item, My will is, that in case both my said sons Mark and John shall happen to die unmarried, and that neither of them shall have any issue lawfully begotten, then my daughters Mary, Sarah, and Catherine, and the survivors and survivor of them, and their assigns, be permitted to receive all the rents, issues, and profits, of all the said leases, lands, and premises as tenants in common, and not as joint-tenants.

The testator then bequeathed to his daughter Mary £400, and to his daughter Catherine £300, payable at marriage, with the further sum of £20 each for mourning, and the like sum of £20 to his son-in-law James Wilson, and his daughter Elizabeth, for mourning; which legacies he charged on the fortune and lands before bequeathed to his son Mark. He also bequeathed to his daughter Sarah £800 to be paid on her day of marriage, and £20 for mourning; and charged such £300 and £20 on the lands and fortune before bequeathed to his son John. And directed, that the said three sums of £400, £300, and £300 should bear legal interest from his death till