1833. CADELL で PALMER. by public auction or private contract: And he directed, that the monies to arise from the sale or sales of the hereditaments so devised should sink into and become and compose part of his general personal estate, by him therein-after bequeathed, and be paid, applied, and disposed, of upon the trusts and for the intents and purposes therein-after declared and expressed, or referred to, concerning the same: And he also declared and directed, that after the decease of his said wife, and in the mean time until the hereditaments should be so sold and disposed of, the rents and profits thereof should be paid and applied to and for the benefit of such person and persons as should, under and by virtue of the will and the trusts therein-after declared, be entitled to the dividends, interest, and income of the monies arising or to be produced from such sale of the same hereditaments, in case such sale and disposition had been then actually made, and in the same shares and proportions: And the testator gave and devised unto the said Charles Lucas Edridge, Arthur Palmer, Charles Cadell Edridge, and George Wright, his mansion-house called Pen Park, &c., and all the messuages, farms, lands, and hereditaments which he had contracted for and agreed to purchase, and which might not have been conveyed to him at the time of his decease; and the benefit of such contract and contracts respectively, and all other the messuages, farms, lands, hereditaments, and real estates whatsoever, and wheresoever situate, lying, or being, belonging to him, either at law or in equity, or over which he had any power of appointment or other disposition, or in which he had any devisable estate or interest, &c. to hold, &c. unto and to the use of 1 them the said Charles Lucas Edridge, Arthur Pal mer, Charles Cadell Edridge, and George Wright, their heirs and assigns for ever, upon trust, as to Pen Park House, to permit his wife to occupy the same during her life; and after her decease, out of the rents of his trust estates, to pay an annuity of 300l. to his nephew, George Bengough, for life, and 2001. a year to his nephew, Henry Bengough. And, "subject to the payment of the said several "annuities,and other wise subject as therein-before "mentioned, upon trust, that the trustees for the "time being of the said testator's said will, should, "from time to time during the term of twenty-one years, to be computed from the day of his de 66 cease, collect and receive the rents, issues, and "profits of all and singular his said real estates, so "devised to them in trust as aforesaid, and (sub"ject to the payment of the said annuities of 40007., "300%, and 2007., or such of the said annuities "as should from time to time be subsisting during "the said term of twenty-one years) should from "time to time, during the continuance of the said "term of twenty-one years, lay out and invest the "monies to arise from such rents, issues, and pro"fits in the purchase of freehold estates of inhe"ritance in fee-simple in England, when and as "often as there should be a surplus in hand arising "from the receipt and collection of such rents, is"sues, and profits amounting to the sum of 15007., "after paying and keeping down the annuity of "400l. to his wife, either out of the rents of his "real estates, or out of the dividends, interest, and "income of his personal estate, or out of both of "those funds; and also after paying and keeping 1833. CADELL v. PALMER. 1833. CADELL v. PALMER. "down the annuities of 3007. and 2001. out of the "rents of his real estates:"-And the testator directed that such freehold estates of inheritance so to be purchased by his trustees as aforesaid, should, from time to time, be conveyed and assured unto and to the use of the trustees for the time being of his will, upon such and the same trusts, and to and for such and the same ends, intents, and purposes, and subject to such and the same powers, provisoes, and conditions as were therein-after limited, expressed, declared, and contained of and concerning all and singular the several messuages, lands, tenements, estates, and hereditaments, by him thereinbefore given and devised, unto and to the use of them, the said Charles Lucas Edridge, Arthur Palmer, Charles Cadell Edridge, and George Wright, their heirs and assigns: And he directed that the trustees for the time being of his said will, should never permit a larger sum than 500l. arising from the receipt of the rents and profits of his said real estates, to remain at any one time in the hands of any bankers; but that when, and as often as there should be the sum of 5007. in hand, the same should be laid out and invested in the purchase of 3 per cent. consolidated Bank Annuities, in the names of the trustees for the time being of his will, until a convenient purchase or convenient purchases could be found, or until a sufficient sum of money should be accumulated to make a proper purchase or proper purchases: And he directed that the interest, dividends, and income of such 3 per cent. consolidated Bank Annuities, should, during the said term of twenty-one years, and no longer, accumulate in the same manner, and for the same purposes, as the rents and profits of the real estates, so to be purchased, were by him directed to accumulate: And as to, for, and concerning all the said trust estates and hereditaments, so by him thereby devised to the said Charles Lucas Edridge, Arthur Palmer, Charles Cadell Edridge, and George Wright (except his messuage and hereditaments in St. James's Square), upon trust, that they and the trustees, for the time. being of his will, should retain and stand and be possessed of his said trust estates, during the term of 120 years, to commence and be computed from his death, and fully to be complete and ended, if his nephews, George Bengough and Henry Bengough, his nephew James Bengough, his great nephews Henry Ricketts the younger, and Richard Ricketts the younger, his niece Ann Elizabeth Bengough, his great niece Ann Ricketts the younger, the ten children then living of the said Charles Lucas Edridge, whose names were (here a blank was left in the will), and the eleven children then living of the said Arthur Palmer, whose names were Julia Palmer, George Washington Palmer, Isabella Palmer, Henry Andrews Palmer, Elizabeth Palmer, Frederick Palmer, Helen Palmer, Arthur Hare Palmer, Charles James Palmer, Jordan Palmer, and Mary Ann Palmer, or any or either of his said nephews and niece, and great nephews and great niece, or any or either of the said several children of the said Charles Lucas Edridge and Arthur Palmer, should so long live; and also during the term of twenty years, to be computed from the end, expiration, or other sooner determination of the said term of 120 years, determinable as aforesaid; nevertheless in trust for 1833. CADELL V. PALMER. the person and persons therein-after mentioned, and for the respective times therein-after expressed, (that is to say), upon trust for his said nephew George Bengough, for a term of ninety-nine years, if he should so long live, and the said terms of 120 years, determinable as aforesaid, and twenty years, or either of them should so long continue. And from and after the expiration, or other sooner determination of the said term of ninety-nine years, determinable as aforesaid, then in trust for the first, second, third, fourth, fifth, sixth, and all and every other and subsequent born son of the same George Bengough, severally and successively, according to the priority of their births; and after the determination of the estate and interest of each of the same sons respectively, and also as the circumstances of the case should require after the determination of the estate, of any person taking from time to time under or as answering the description of heir male of his body, in trust, for the person who, for the time being, and from time to time, should answer the description of heir male of his body, or who, in case of the death of his parent, if such death had taken place, would be heir male of his body, under an estate tail limited to the same son, and the heirs male of his body, to hold to the same son or person respectively for a term of ninetynine years, if the same son or person respectively, should so long live; and the said terms of 120 years, determinable as aforesaid, and twenty years, or either of them, should so long continue, every elder of the same sons, and the person who for the time being, and from time to time, should answer, or who in case of the death of his parent, if such death had taken place, would answer the descrip |