Page:The English Reports v1 1900.pdf/1314

Richard Cheslyn deceased, by his will, dated the 31st of July 1758, gave and bequeathed to his brother Thomas Cheslyn, and his sons the appellants, £1000, part of his bank stock, in trust, to pay the interest and dividends thereof as the same should become due, from time to time, to his son Peter Courtney Cheslyn, for and during the term of his natural life; and from and after his decease, to pay and transfer the same to such persons as would he [247] entitled thereto, by the statute of distributions for dividing intestate estates. He also gave and bequeathed to his said brother Thomas Cheslyn, and his sons the appellants, and the survivors of them, or their executors or administrators, the further sum of £1000, part of his bank stock, in trust for his daughter Mary Cheslyn, whether covert or sole, for and during the term of her natural life; and after her decease, to pay and transfer the same to such persons as would be entitled thereto by the statute of distributions. And he also gave and bequeathed to his said brother Thomas Cheslyn, and the appellants, the further sum of £500, part of his bank stock, in trust for his daughter Sarah Cresswell, wife of Mr. Henry Creswell, for her life; and from and after her decease, to pay and transfer the same to her two children, Charlotte Cresswell, and Richard Cheslyn Cresswell, and to the survivor of them, at their age of 21. Also he gave and bequeathed to his said brother Thomas Cheslyn, and the appellants, and to the survivor of them, the further sum of £1000, part of his bank stock, in trust for his granddaughter Charlotte Cresswell, for and during the term of her natural life, to apply the interest and dividends for her support, maintenance, and education; and after her decease, to pay and transfer the said £1000 bank stock to her brother Richard Cheslyn Cresswell; also he gave to his said brother Thomas Cheslyn, and the appellants, the further sum of £1000, part of his bank stock, in trust for his grandson Richard Cheslyn Cresswell, to pay and apply the interest and, dividends of the same for his maintenance and education, until he should arrive at the age of 23 years, and then to transfer the said #1000 bank stock to him; and in case he should die before the age of 33, then he gave and bequeathed the same to his sister Charlotte Cresswell. He also gave and bequeathed to his son the appellant Richard, £1000, part of his bank stook; and to his son, the appellant Edward, £1000, part of bis bank stock. He also gave and bequeathed to his son, the appellant Edward, all his household goods and household furniture, plate, linen, clocks, and watches, that should be found at the time of his death, in his dwelling-house at Doctors Commons. He also gave and bequeathed to his son, the appellant Richard, and his said daughter Mary Cheslyn, all his household goods and household furniture, plate and linen, that should be found in his house at Hackney, at the time of his decease, equally to be divided between them, share and share alike. And after giving several annuities and other legacies to his brothers and children, and other persons therein named, he gave, devised, and bequeathed, all the rest and residue of his estates, real and personal, of what nature, kind, or quality soever, which ha should be any ways entitled to at the time of his decease, unto his sons the appellants, and his said daughter Mary Cheslyn, equally share and share alike, as tenants in common, and not as joint-tenants. And he appointed his brother Thomas Cheslyn, and his said sons the appellants, joint executors of his said will.

[248] The testator afterwards made a codicil to his will, dated the 27th of December