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


ard rot 70 extend 20 his or her children Aud whersoever
and SO often ia the sad condition shall be brokeu ~
one Of my children or their ISSUE all Of the rght pro
perry income which he she would be olberwlse eu.
tttd to, under the provisions Of thus Will, shalt there
upon pass to and become vested In the person PERSONS
who would be next entitled thereto, according 10 the
To OF the trust hereinafter declared, excepting tina.
IN the case Of issue Of the person SO breaking the condition
OF this WILL born after the happening OF such breach
aerboin issue shall lie let INTO the immediate enjos
OF the rights of property ana To which they
would have succeeded at the ceath Of their parents T
there had been breach OF condition. and ff the pu-
pose of Erecting the intent Of THIS provision the right s
parely VESTED by the breach OF condition ans other
person the property income shall be Invested
by the subsequent birth Of such issue, and shall be
ferrcd such issue, the like condition. as aore-
aue, aud ny trustees shall be bound TO dispose Of tho
trust property held by them for the benefit Of The persons
violating the intention Of this will and pay all
income proceeding beref from any trust property
10 their HANDS which would otherwise have been payable
died. according to the limitations of the trust in that
OF atterborp issue, which is 10 be deemed and taken
further limitation o. the said trust
ANOTHER REVENGE
Sixth IL consegu,nce OF the OF my James
tewart with hs cousin Henrietta De,pra,t under
ums.ances not known to me at the time, but which
ava now discovered, AID which plainly disclose plan NJ
.one ssandag deliberately anu successfully pursued
he part herself and her Iother lead my sGs
while yet mere youth, INTO matrimonial engagement
much e his injury under the idea she should thereby be-
come entitled, eventually 70 some large share OF my
tate ana III consequence Of the intimate acqasn-
lance which have formed With her and her charac
any further peruniary beueht result her and the
from said marriage than is hereby expressed-rhat
sag gye 10 her for her personal maintenance 10 case
she should survive my said son. and long she Shall
remain Lis widow, annuity Of four hundred dollars
year. and 10 more; the said sum to be paid 10 her ia
equal quarterly payments, every year. from the day OF
hc Of hcr husband during her nfo aud widow
hood, but u cease in The of her marriage.
Ihe foregoing annuity consider 10 be Sufficient PROVISION
under the circumstances aforesaid for the prcseu wife VI
my said son and Ter family; ana hereby forbid my
ecutors trustees 70 make to her or 10 her motaer
brothers se,trE, further allowance or pa
ca q NJ estate Tor any reason or uader any preteocc
whatever.
IEGACiEs.
Seventh Whereas. II tic viii OF late father. the
twgnt, thousand dollars deposited by ex-
ecr;ers with the Massschuse, Hospital Life Insurance.
Company, upon contract ray to me- during my
life n quarterly payments tie nc; income Of said deposit
ape Il SIXTY dave after my dccease to my *
ecutos or administrators tue said principal suns with the
accommodations, If any, hereou-now h.reby drec,
the said principal sum, with the accommodations auy
thereon when received by executors snail! be treated
p-r Of my residuary estate, snail be held
managed and disposed of upon Ike trust aud like
ner and for benefit Of the same az is directed
By this will concerning my generai resdusry estate, aud
il al respects az the said sum Of money received
~ mt ny life time and were in my possession at my
ccccasc.
Eighth. give 70 n,y nsmesake Augustus Thorndisa !
Perkins legacy Of ten thousand dollars, to be paid 10 aim
within one year aft, M dectase.
RFoUrSTS TO cHIInRFN AND GPASrCuILDRES WITH
MORE ELyENGEs UPoN THE MARrSS AND pEIPRAIs.
Ninth give DEVISE and beqGeath 10 se persons here
matter nanlc as the executors OF tits Will all my estate
real and personal, not herein otherwise specifically
posed Of hold 10 them their heirs and assigns tha
SURVIVORS and last survivor OF them and Their and his
acrs and assigns, executors and administrators upon the
trust hero natter declared, for the benefit OF the
tans aforesaid and u my children James st ssrt Charles
and Henrietta Augusta and their respective issue, equally
between them, except hereinafter expressed tina,
SAY, the sad trustees hereby empowered 10 sell and
convey. cischargoca OF al trcst and without any obi
eaons OF the purchaser, 10 zee 10 the application
Of the proceeds all and singular inc real and personal
tate which shall come to their hsnds whatsoever they
shall, in their discretion, advisable DO and
uIon sucG forms and considerations they may thin,
proper, and subject 20 said power Of sale TO be
o.std wEensoeNer they may deem II eNiedicnt the
salG trustees shall mold, manage, invest and renvest
from 70 time, and change tao investments 60 os,en
thfy cxreicIi, Of mouyos aud other
property which shalt come 10 their hands, either ia
re.,l estate ia such stocks contracts OF deposit with
tns massachusetts Hospital Iiio Insurance Company OF
Other sccuri,es they in their discretion may deem
most advisable, having regard both ~ safety and in
come, and may lend he same ON interest with such col
lateral security they think proper; and said trus
tees shall hold and manage all OF the property which shall
come 10 their hands as one trust fund during the joint
lives add life a the survivors and the life Of last
Of my wife Hcnri,tta, James Stewart, his
wife henrietta late Dclprai his daughter Henrietta by
Whatever other name known, my Charlss my daGgh
ter Henrietta Augusta my daughter ebccca husband
NJ. G. Marin their oldest chlid Henrietta Thorndke,
Marin and their second child Antonio Marin by what
other SAID children either OF them may be
KNOWN and for and during the further term At twenty
years next after the dcccase Of the last them
anu the sad Henrietta, now my wife, the said james
stewart. my DIGEST son. the said Henrietta late Ieps
BIS wife, the sail Henrietta his daughter and the sae
Charles my youngest son. the said Hcnr my youngest
caueier the Eaid Robecca my oldest daughter the said
Marin the husband OF my said daughter kcbecca the
said Henrietta IhorndSc Marin and the said Antonio Marin
by Whatsoever other tho sa.d children or either
of them may he known tbe children &C my said daugh
ter Rehecca) and during the continuance Of said trust
the said trustees shall from time To time collect all
rents dividends, interest and income scvrung upon
said trust property and shall pay therefor all taxes pre-
NUNS insurance repairs aud all other charges and eN
ptnsos whatsoever accidental to the due OF IA.
trust and the care ard preservation 81 said trust property
including any house which may DO Appropriated tho
usr Of my wife and the keeping up OF suitable furniture
therefor and they shall nay from iimc tine rs
..lf.E...
dressed, the annuity gong b. my sad wife and the AN
rui;cs going 70 the above annutants aforesaid long
the same shall be payable, according to the
bcqrcst respectively aud ali the residue "a the income
spd fund shall be paid subject EXPRESS
condition ABOVE set firth from timc time among
my sad three children other than the said g.beccs
and their RESPECTIVE issue, II shall be otherwise apo
pratcd for their benefit the and propcrt aud
upon the and condition and according o. Tic lnis
tons hereinafter expressed that Is ~ say third part
OF laid shall from time 10 time he paid by my
said trustees a. my son James stewart, epo.thrd my
Charles and one third 10 my daughter Hcnrcttsa
Augusta, subject, however, ~ the crnlaoa above
pr.ssd during their respective lives m apon snl lcr
the ain Of either Of my nv SAID daughter
Henrietta Augusta, whether MY lie tme after my
docsase the sanic sA.rc of the said MT neoiac ghcn
would Laye been payable % him her, Il living shall
thereafter be PAID, subject however, tho sond-
tons aud ALEC to the legal opctsiou Of the limited powers
hereinafter created hs Or her N sful any be
then living, equally, unless otherwise lawfully appointed
uldcr the saa powers among those ia al equal ccgrcc;
and child standing by representation In the Iarc &c
deceased parent, through AZ u the degrees the samo
share OF income which would have been payable 10 sad
Parent, LynC. - To- be Iad 20 tbo children equally
among thcn uuess otherwise lawfully appointed,
csaid. Hut IN default, upon failure AZ any time
during the terms " this trust e lawful issuc g. either ~
ny said three chidren-Jsmcs Stewart. Charles aud
Henrietta Aurusiadying Aforesaid the share Of said
net income whc would otherwise have been payable 70
him her dy nr b. his or her issue, Dcccssng
extinct shall thereafter he PAID, subject, however t. tho
condition aforesaid, and also - legal operation o.
The said limited powers o. appointment 70 The two
yiyors, the sole survivor. tho may be, o my
three children (othcr than tn said Rebcrca ana to their,
his Or her ISSUE respectively, after their, his her
deccae long either ~ my SAID three children (othcr
than the said Rcbecca issue "a any either 81 them
may exist during the term Of this trust such share
OF the income shall be divided equally except wtcre
otherwise legally appointed Aforesaid, between sad
surviving children chd (oher than tho said Peteccay
and the ssnc Of either ~ them dcccased and The sh,Gc
Of accrung 10 either ol them shall unless other
wise lawfully appointed - aforefej be divided Among
such ssre equally md vpon The saiae principles Of