The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-01-13

declared in this will it ID my intention thu,
90 part OF my estate, beyond the said
amount oil four hundred dollars n year, stall,
10 any event, go to my said daughter or her
issu-, and thereby request and order that net
Their my wiic,n0r one any OF NY other chiidrtn
nor any legatee Of this will, or person who
,hall become entitled to any property ort
income by virtue Of its provisions shall at
any time aid my said daughter Rebecca
with money or in any other way; aud all the
provisions OF this will for the benefit Of my
wife. and those for the benefit Of my other
children and for the benefit Of all and any 9th
er person whatsoever, are upon the express
condition, that II either Of them shall AID
my said daughter Rebecca by giving or be-
queatbing to her, or her husband, present or
future, or her issue, any other or greater
share Of my estate than IL provided for by
this will, or by giving Or bequeatblDg to her
husband, present or future, or her issue, any
SUN OF money " property whatsoever, in that
case, all the provisions Of this will for the
benefit Of the person or persons 70 aiding my
daughter Rebecca, her husband, her issue,
thereafter ceasc aud become void and 0f no
effect. And all the property or income
which was by this will otherwise intended
to be given TO or for the benefit Of the per-
son so aiding my said daughter Rebecca. her
husband Or issue, il hereby giving over,
upon the happening Of the said event, 10
such Of my children other than the said
itebeeca, and under tho same conditions, as
shall not 80 ds0bey the express injunction
Of this will and 10 case oi their deccag,
the same is hereby given over, upon like
conditions, to the lawful issue oi my sand
other children and 10 default or in failure
thereof, the same shall go according TO the
provisions hereafter following for the case Of
the death OF all my children Except the
said Rebecca) and their issue.
But il the person no disobeying the tx.
press injunction Of this will, be one Of the
children OF either Of my children, tother than
the said kebecca,l and have issue living at
or after the time Of such breach Of condition,
whatever property or income, under the pro-
visions Of this will would otherwise belong
or be payable to such children. shall there.
after belong or be payable to his or her law.
iul issue, under the same condition. in lieu
Of his or her brothers and sisters, and their
issue, ~ above expressed my intention
being to make the forfeiture personal only
and during the life Of the person breaking
the condition, and not TO extend 10 his or her
children.
And whatsoever and W Often ~ the said
cond ton shall be broken by any OF my
children or their issue, all Of the right to pro
pcrty or income which he or she would be
otherwise entitled to, under the provisions OF
this will. shall thereupop pass to and become
vested in the person or persons who would
next bc entitled thereto, according TO the
terms Of the trust hereinafter declared, ex
ccptng that IN the case of issue OF the per-
sou breaking the condition of this will, born
after the happening OF such breach, such after
born issue shall be let into the immediate
enjoyment OF the same rights Of property
and income to which they would have sue
ceeded At the death Of their parents il there
bad been no breach Of condition aud for the
purpose Of eilecting the intent of this pro
vision the right apparently vested by the
breach Of condition in any other person 10
the same property or income shall be- d-
vested by the subsequent birth OF such issue,
aud shall be transferred to such issue, under
the like condition. NJ aforesaid. NO long ~
the trust hereinafter created shall continue ,
aud my trustees shall he bound to dispose Of
the trust property held by them for the
benefit Of the persons So violating the intcn.
tions of this will, and 10 pay over oil income
proceeding thereirom or from any trust pro
pcrty IN their hands. which would otherwise
have been payable TO such person, in the
same manner as Il such person had died ac
c0rding 10 the limitations OF the trust, IN the
event hereinafter expressed with the excep-
ton aforesaid ol after born issue. which is to
be- deemed and taken a. further limitation
Of the said tru,t
lie Is also pretty severe on u daughter in
law. who is also bi, niece, AS will be seen by
another extrac, from h,s will
In consequence Of the marriage OF my
son, jones stewart, with his cousin, Henri.
eta Delpra,, under circumstances not known
to tue at the time, but which | have now
discovered, and which plainly Disclose IA plan
ofloug standing aud deliberately and success
iAiiy ihAsh'h Wv Nht taiN W h'iN't anu Wv
mother to cad my said sou, while yet mere
youth, Into u matrimonial engagement much
to his iuJary under the ,lea she should ,her,e
by become entitled. eventually TO some large
share OF my estate and ~ consequence OF
the more intimate acquaintance which have
nov termed with hur and her character, my
intention Is To preclude her and her family
from any further picuuiary benefit 10 r,sul,
to her and them from SAID marriage than is
here expressed
That is to say. give To her, Tor h,r per-
sonaI malutaiuanc,, IA cas- she should sur.
viye INV said sou and a. bong rs she shall
remain his widow. an annuity OF four hun
dr,i dollars a year and No more the said
SUN 10 bc paid TO her IN equal quarterly pay.
mcn,S. every year, from the day OF the de-
cease OF her husband. during her HE and
widow hood, but TO vase IN the event OF her
secoud marriage The foregoing annuity
consider 10 Ia sufficient provision, und the
circumstances Aforesaid, Tor tse present. Nllt