Page:The English Reports v1 1900.pdf/717

other sons of the said Edward Wortley, by any woman he should then after marry, successively in tail male; and for want of such issue, in trust for the second and other sons of the testator's said daughter Lady Bute, successively in tail male, (except her first son,) with remainder to her first son in tail male; with remainder in trust for her first and other daughters successively in tail general; remainder in trust for the first and other daughters of the said [477] Edward Wortley, by any woman he should then after marry, successively in tail general; and for want of such issue, in trust for the testator's own right heirs. And the testator thereby impowered his trustees and their heirs, yearly during the respective lives of his said daughter and son, to cut down for building and repairs, and also for sale, such timber on his estate in the West-Riding of Yorkshire, as they should think fit, leaving the usual stock of young timber: and he directed, that out of the money arising by such sale of underwoods, his trustees should pay to his said daughter, the yearly sum of £300 for her life, for her separate use; and should, after her death, pay the like annuity to his said son; and apply the surplus thereof in the purchase of lands, tenements, and hereditaments, in the West-Riding of the county of York, to be conveyed and settled to the same uses as his estate in the said West-Riding was thereby devised and settled. And the testator gave and devised (subject to an annuity of £600 a-year, thereby given to Edward Wortley, his son, for life) all his manors, lands, tenements, mines opened and unopened, and hereditaments, in the North-Riding of the said county of York, and in the counties of Nottingham, Devon, and Cornwall, (except his estate in the parish of Tintagel, in Cornwall,) unto the said Earl Gower, Godfrey Wentworth, and Sir Matthew Lamb, and their heirs, in trust to pay the rents thereof to the said Countess of Bute his daughter, for her life, for her separate use; and after her decease, in trust for her second and other sons successively in tail male, (except her first son ;) remainder to the use of her first son in tail male; remainder to the use of her first and every other daughter successively in tail general; remainder in trust to pay the rents and profits thereof into the proper hands of the testator's said son; remainder to the use of the first and other sons of his said son, which he should have by any woman he should then after marry, in tail male successively; remainder to the use of the first and other daughters of his said son by such wife, successively in tail general; remainder in trust for his the testator's own right heirs. And he gave and bequeathed all his ready money, securities for money, stocks in the public funds, and all other his goods, chattels, and personal estate, (except such parts thereof as he by his will otherwise gave and disposed of,) to the said Earl Gower, Godfrey Wentworth, and Sir Matthew Lamb, their executors, administrators, and assigns, in trust, in the first place, to pay his debts, legacies, and funeral charges; and subject thereto he directed that his said trustees, their heirs, executors, and administrators, should, from time to time, as they should think proper, lay out and apply the residue of his said personal estate in the purchase of lands, tenements, and hereditaments, in the said West-Riding of the county of York, in fee-simple, in possession, to be conveyed to the same uses as his estate in the said North-Riding of the county of York was, by his said will, devised and settled; and further directed, that until such purchases should be made, his said trustees should place out the said residue of his [478] personal estate, on real or personal securities, and not on the public funds or government securities; and apply the proceeds thereof to such persons as would be entitled to the profits of the land, if such purchases were really made.

The testator also by his said will gave and devised all his collieries and coal mines, and all his estate and interest therein, and all his shares in collieries and coal mines, and all his stock in the coal trade, and all his vessels, ships, and boats, and all his lands, tenements, hereditaments, goods, and chattels, in the counties of Northumberland and Durham, unto the said Earl Gower, Godfrey Wentworth, and Sir Matthew Lamb, their heirs, executors, administrators, and assigns respectively; upon trust to convey and dispose of the same, in such manner as the said Countess of Bute his daughter, whether sole or covert, should direct or appoint, by any writing or writings under her hand and seal, in the presence of three credible witnesses; and in default of such direction or appointment, upon trust for the managing and carrying on the coal trade, in partnership with his partners