The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-25

cistrbGons both Vi income and principal ars "a de SO.
Jact hercto,hat each OF my sad children, James Stew
att Charles, Henrietta Augusta, and their respective
esoe when OF the aye OF twenty years upwards,
shan have limited power Of appointment, BY their last
WINS and estAmenis, of By any other instrument u che
natureoI last viii aud testament, executed IN The pre-
svn,e oi three disineres,e Witnesses 81 Inc oI
lowing that Is to say-Al or any, or either o my sad
shoren now married who shnil hereafter marry and
who sha leave NJ their dssase, respectively, wife or
husband child or children, or their issues aim OF Der
wing, may respectively appoint BY such instrument
what manner anu upon what coaaons or limitations,
Dd in what proporos other tnan above directed his or
her share OF the trust property shall be paid distributed To,
and among his or her surviving wife, husband or issue dur
ing their respective lives and the duration Of this trustcy
ccplng that my said son, James Stewart, shall no, have
she power to appoint any portion of the income Of his
share OF the trust property To DO paid TO his said present
WIFE and either my SAID children may also, by such
instrument, direct ndappou in what and upon
what conditions and limitations and in what proportions
ether than those above directed his or her share ii Tue
principal OF sad trust property shall be distributed
the termination 81 said trust 20 and among ais or her law
l issue then hving and either Of my said children shall
have power to transfer by such Instrument 10 his or
her Children any either of them, like power Of
appointment IN respect TO such share shares Of the in
Come Of said trust fund as his or her children ter is
sue may ENJOY during Their respective hves am tue dura
uyn 81 this trust, and also IN respect 10
saiss Of the PRINCIPAL night TO them respect
lively their use ii they shoali live 20 the period
cl ne termination Of said trustms intention being tba
my children ana their issue shall have tae sam
bower TO direct, by viii other instrument
auy executed, 10 take elect at thtr decesse, tn,
application Of the income ana the eventual dis
tf3ulon ol the principal capital OF tho respec.ig3
shares Of the SAID trust property her surviving wives
husbands and ISSUE that they would have hal Their re
sia,lve shores oil the said trust property their
possession ana control free ola any that
my son, james Stewart is MT 10 have 20 10 di
,c sv marion of the ncos OF his share 70 his SAID pc
wife. and thai neither OF my children shall have
power 10 appoint any OF the principal sum or capital 10 be
paid any wife any husband him or her surviving, DOR
sial either OF my said children have power 10 appoint
principal 10 be paid 10 any other persons
neal d, scendaIt OF his or her own blood, nor IN de-
fault failure Of his her lawful asue 10 divert by
any appointment the OF said trust property
trou his her brothers brother and sister (other
sLan the said Rebeoca aud their lawful ISSUE, respcc-
lively And my SAID trustees AMI their successors shall
y4y ana distribute the income of said trust fund
urng the continuance OF the rust and Shall convey and
ply ard distribute the property constituting the prn
spa capital ia their hands at the termination OF sad
uus according TO sucn appointments as aforesaid, SO far
tscy may h.iuy operate therefor aad II respect 10
properly not otncrwsc directed by any lawful ap
iment they shall convey, pay over ana distribute the
persons aud in the proportions herein before
directed by me; and whatsoever shalt happen,
before the expiration Of eaid trust term that neither my
son James Stewart, nor my son Charles nor my sai
daughter Henrietta, any ne descendant Of either Of
ny cnIen Aforesaid, now IN beng or hereafter ~ be
horn (olhur than the sad Reoecca) shall be living, wb,
Dly inherit the said property in that aud muoii
atel upon the deceasc CT the last survivor VI my said
children toher than the said Rebecc and Of their incal
said executors aud trustees shall dispose
Of TIE said property subject however to all life in
lawfully created and still outstanding
The persons and in the manner hereinafter directed IN
tha event And Their sand trust shall thereupon cease
aud determine, except in so ag as the said lite interest
NAY require continuance thereof But ali the fore
gong directions concerning uic persons TO aud among
whom the INCOME OF the trust fund 10 10 be paid and dis
thuten the continuance of tue trust, ami
ng Size persons and among whom the capital Is Aere
~ DO paid ana distributed at inc termination tneroo
ubjecL the condition herein before expressed pro-
hlbtn2 ANY aid 70 my sail daughter Rebecc4, her hus
band present future, her Issue; AID he right OF any
person such Iay ment OF income or prncpa 10 be
defeated by the breach condition favor Of tho
pccun Cr persons entitled thereto by the limit ou %
trust, ID The manner ~ II eal hnneeasance aad
rnl oy werc in each case perfectly expressed ana ~.
-aled often any drecoas above givon concerning
ale pl mcnt either VI income OF principals ami whatsoever
Ioacr u appointing and directing future distributions 81
Whn IA hon inc. fC1 ,tyt Tho,
eject u the foregoing proysioHs "a any person DISREGARD
mg and breaking the said condition, such poaer u up
poAtnent sLal ihercupon cease ana dctermne AMI All
soe appointments anu aHe,tohs !" sAsH person, ~ vii
otherwise, whether made bcgrs Or after the Dap
Ienna 81 e breach relative y th2 culture disposition Of
thtr pnSl@l er Income sh.i Oecou, NOil an ot ~
.G,r,, size trustees shall thereafter DISTRIBUTE the
come ad tue n Dcpai OF SAID trust und - and AMONG
tie tamc persons anu IA tlt same proportions ~ efeana
erected u the event 81 no such appointment bong maze
Ana wheuspcNcr any payment, either ei income cr
puclli, s4a b duc under tne PROVISIONS "a hs vii
a. ans nac under Tho ugv o. tscnty years, or 10
any unmarried female under thai age, such Ay a-lt saa
b. made her legal guardian excep. IN fJl
loving. y2-in the tbs present wie of my
james stewart, Or any member o the bcpfat iamay,
iloud 70 AM tine b, Appointed legal guardian % any
,lsut cntucd a. such rayin-ni, o. should ~ aw have
Alto ,ustoly VI suci, n.4nt, ~ sach case, wat
Ia, iho Same shall not ~ paid or any part
ih,4of - thc said Vie o. my srd sou, or 90 any
stLpt ueGhcr ~ the sal iofat family, ~ reason 2.
pll guardianship ollie, MASS bdt my tfa tees shall N
rG,h ca uaSc such moderate appropriations IRON Um3
ihey uay deem proper ~ the reasonable e.
tay the stre "a confidential person whom they
spy Sect, Chef than a.. said ~to ~ ny al sou, aud
I'LL ! III. nner ~ tbs bepfs ianly, under such resfc
lies sh1a j. in,f asesesoa 5aase - ~ tatsea
ensure ta nynty 80 npprurEitei sat " alleA
,ia ,uy tic actual expense ~ uaaiN ntRs 1ni clu
,atue tue sa1 infant anu tni ~ isu inecV sAh chulc
j.. ans way crccy indirectly, 70 ~ ior the eentit
a., anigc y sad wife 81 my sad son o. aay monber
- The lslrrat lamiyi ny mteaion behs VII
10 confidence shan - paccd IN either q tuctn con
corning tie expenditure o. such money IT, the 0sne-
~ the infant infants cuiisici thereto, under the e
gUlrllrSlp custody o. Tue lBlANt or
.s.. the residue ~ tie IN ~ sums wlch wold be
otn,g wse payable 20 sara lNardln shall b. bcl and
anaeed by ms trustees special trust Tor the bcncnt
u snch Until =. or she slAl alta tls aee % SUn-
=, AZ. e.rs tpr,ye. the attainment ri that 40 shtI
Aappcn within te urm o. thg general trust hefcn ere
n,e3j; aud gYon hs or tier ai,amuS as age, Tn SAT-
sS.a trus, funi shall he paf over 20 hin o. her bn
ltn.r tins provision 81 iasof 81 such tA1t, ucr any ht0
,sbOn ~ ths vi concerning futurc auuUtss a. DC ere
atci under power VI appointment, or cVacefnsng future
appointment IN aruf . pcsdos ~ now ~ bct, si.i' ~
'cemed - - ulcnaca ~ erve hss' - ehSntv w 81
al. "a .l ths general trust oa Whom ny rcslaary
above dcs .sti AMI b.Iooathet nlneiy--he ~.
raton q the Ives ~ sanay Persons hamei Wp afc hnM
IA beng tie ives ~ the an IN IN survivor
them, anu ino term u iwrr enc years icr thc deith
~ such tact alrvi,0r, bat up0a ihe saoa - ie sad
term ~ twenty ouc years ..ner the o2ata q sAit
lsst survivor, q tic trust shaft not have so'aer
terminated ny AT, alton Is thai III sAmo aia tl1ec-
,ton bc absolutely Gctcrnined, AMI that al uusS
property. except t8o noctiu reservations q secure
III las meni a any annuity bcqacatlcd ~ uio -
apv aueat.ut nnN vi beng Who may theh ~ St ~ ng.
AHA he forthwith diatTlU ed 10 ad among tho pcra'rs
xbo snai, ~ entitled thereto tn Gay Of Tie expiration
.. the u years, ny u caert u ta "
.his VIII Notwithstanding ans appoiutaent III epsifary
mIcr, made ny either Of ny tndfen or t1vr descend
ANS whr6 may thereby remain To DC toucd. Aui ia
e.. "A the Oeccase before tbe expiration "a tho ten w
tn foregoing uast y ~ M children, losef taan 10
sas Rc6ccJa) aId that u the Of children,
49, case give. aeylae and Dc4ncab al te properly "a
shc hands of my trustees, Subject 70 tue ircASng p0v
tR,u~ or the mlnt O tAc several anbacs AUrt iiG,
and other provisions hefcn cuta ned lar tho hcneht 81
MY wife. sahjcct aso T. sucn apfoptnsAt - shall
have hctn lawfully m1ic am saal law aNluly t'ssa
,ast b. any person possessing and cAoTos az plNor ~
spoinpclt unaer h.s s, concerning the disposition "a
arg tuftnn Tire ncUnc ~ saa trust iuLd during TIE
Le ~ any haut wife 81 the person - appointing, ~
hoatn ~ The same trustees, during the same torn u
neeaful. upon the tHtthCT trust following S4d tfis
tpes shall nrst retain aud ret apart much q sald
trast ppfcFty nal Ice saaceG, to- thal4 lnugBen,
a. secure the payment ot ali the sud aunupes ana
,er Charlts UoA tie % said trust fund aay
portion thereof aud Tue foregoing annuity IA iavOf Of
tanuan Saff shall, IA such aa eyVat, ho increased
a uyc hundred dollars year. gay abic quarterly And
M ssia truse,s shall f,tAn OF o. ny estate ~ much