Page:Ruffhead - The Statutes at Large - vol 7.djvu/257

 A. D. 1749. Anno vicefimo fecundo GgoRGii 11, C. 52; 213 Stocks, Funds and Securities in which the fame fhall or may be invefted, and the Intereft, Dividends, annual Profits and Proceed thereof, feverally and iucceflively one after the other, according to his and their Priority of Birth, the eldeft of fuch Son and Sons being alv/ays preferred, and to be intitled to, and to take the fame before the younger of fuch Son and Sons ; and in cafe there fliall not be any -Son of the faid James Clement Radcliffe, lawfully begotten, or all fuch Sons fhall die before any of them fnall attain his Age of twenty-one Years, and without leaving Iffue of their Bodies, then that they the faid IVuftees do and fhall pay the Intereft, Dividends, annual Profits and Proceed of the faid Principal Sum, Stocks, Funds and Securities, unto the firft Daughter of the faid y^ww C/CT2e«? iJa^/f//^, lawfully to be begotten, to and for her own life and Benefit, until (he ftiall attain the Age of eighteen Years, or fhall die under that Age, without IlTue of her Body ; and in cafe fuch firft Daughter of the faid James Clement Radcliffe fhall .attain her Age of eighteen Years, then that the faid Truftees fliall pay, affign, transfer and make over the faid Principal Sum, and the Stocks, Funds and Securities, in which the fame fhall or may be invefled, to fuclv firft Daughter of the faid James Clement Raddijffe, her Executors and Adminiftrators, for her and their own ibIeUfe and Benefit ; but in cafe fuch firft Daughter fhall happen to die under the Age of eighteenYears, with- out IiTue of her Body, that then they the faid Truftees do and Ihall pay the Intereft, Dividends,, annual Pro- fits and Proceed of the faid Principal Sum, Stocks, Funds and Securities, unto the fecond Daughter of the faid James Clement Radcliffe, lawfully to be begotten, to and for her own Ule and Benefit, until fhe flrall attain the Age of eighteen Years, or fhall die under that Age, without IfTue of her Body ; and in cafe fuch fecond Daughter of the faid James Clement Radcliffe fhall attain her Age of eighteen Years, then that the faid Truftees fliall pay, affign, transfer and makeover the faid Principal Sum, and the Stocks, Funds and Securities, in which the fame fhall or may be invefted, to fuch fecond Daughter of the faid James Clement Radcliffe, her Executors and Adminiftrators, for her and their own fole Ufe and Benefit; but in cafe fuch fecond Daughter fliall happen to die under the Age of eighteen Years, without Iflue of her Body, then that they the faid Charles Duke of Richmond and Lenox, and Henry Fox, their Executors, Adminift-rators and Afligns, ftiall ftand and be poffefied of, and interefted in, the faid Principal Sum of twenty-four thoufand Pounds, and the Stocks, Funds and Securities, in which the fame fhall or may be invefted, in Truft for the third, fourth, fifth, and all and every other the Daughter and Daughters of the faid James Clement Rad- '^ cliffe, lawfully to be begotten, in like Manner, and for fuch Interefts, as are herein before refpe£tively li- mited to the faid firft and fecond Daughters of the faid James Clement Radcliffe ; every fuch Daughter and Daughters to be intitled to, and to take the faid Principal Sum, and the Stocks, Funds and Securities in which the fame fliall or may be invefted, and the Intereft, Dividends, annual Profits and Proceed thereof, feverally and fuccefHvely, one after the other, according to her and tfieir Priority of Birth, the elder of fuch Daughter and Daughters being always preferred, and to be intitled to, and to take the fame before the On Failure of younger of fuch Daughter and Daughters ; and in cafe there fhall not be any Daughter of the faid James Ifiue of James Clement Radcliffe, lawfully begotten, or all fuch Daughters fliall die before any of them fhall attain to the Ciement Rad- Age of eighteen Years, and without leaving Iflue of their Bodies, then that they the faid Charles Duke of ';!j;^'','y'J',^^"^°^'^ Richmond znA Lenox, 2.nA Henry Fox, their Executors, Adminiftrators and Aftigns, fhall ftand and be pof- centers and A^f- fefled of, and interefted in, the faid principal Sum of twenty-four thoufand Pounds, and the Stocks, Funds ilgns of James and Securities in which the fame fhall or may be invefted, in Truft for the Executors, Adminiftrators and Bartholomew ■ Afligns of the faid James Bartholonmv Radcliffe, to and for their own proper Ufe and Benefit. RadcUac. XV. Provided always, and it is hereby enadled and declared. That it fhall and may be lawful to and for James Eartho- the faid James Bartholomew Radcliffe and James Clement Radcliffe, from time to time, and at any Time du- lomewRadiliffe, ring their refpeitive natural Lives, as and when they fhall by virtue of this Aft be refpeftively intitled to ^""^ J^"'" .^jf- receive the yearly Intereft, Dividends, Profits and Proceed of the faid Principal Sum of twenty-four thou- ™'^"' R^d^ii>«, fand Pounds, and of the Stocks, Funds and Securities in which the fame fhall or may be invefted, or' any make Settle-" ' Part, or Parcel thereof, by any Deed or Deeds, or other Inftrurnent in Writing, under their refpeflive Hands menisincafe of and Seals, attefted by two or more credible Witneffes, to limit, appoint or fettle any Part or Parts of the Marriage ; yearly Intereft, Dividends, Profits and Proceed of the faid Principal Sum, Stocks, Funds and Securities, not exceeding one third Part of the yearly Intereft, Dividends, Profits and Proceed of fo much of the faid Principal Sum, Stocks, Funds and Securities, as they fhall refpedfively by virtue of this Aft be then intitled aftually to receive, to and upon, and for the Ufe and Benfit of any Woman or Women with whom the faid James Bartholomeu Radcliffe and James Clement Radcliffe fliall hereafter happen to inter-marry, for the Life of fuch Woman or Women, in Nature of a Jointure for fuch Woman or Women, and to take Efi^eft im- mediately after the Deceafe of the Perfon or Perfons making fuch Limitation, Appointment or Settlement, and fuch Limitation, Appointment or Settlement, to be before or after fuch Marriage, as to them the faid James Bartholor,inv P^adcUffc and James Clement Radcliffe, fliall refpefbively feem meet. ■XVI. Provided alfo, and it is hereby further enadted and declared. That it fhall and may be lawful and to sflisn to to and for the faid James Bartholomeiu Radcliffe and James Clement Radcliffe, as and when they fhall by vir- Truftees one tue of this Aft be refpeftively intitled to receive the yearly Intereft, Dividends,, Profits and Proceed of the third of the faid Principal Sum of twenty-four thoufand Pounds, and of the Stocks, Funds and Secmities, in which the ''•0'^="' "f fame fhall or may be invefted, or any Part or Parcel thereof, by- any Deed or Deeds, or other Inftrument -4'°^°'' '"' in Writing, under their refpeftive Hands and Seals, with or without Power of Revocation, and to be at- ' tefted by tv/c or more credible Witneffes, or by his or their laft Will or Wills in Writing, figned by him or them, and attefted by three or more credible Witneftes, to aflign, limit or appoint unto any fuch Perfon or Perfons, as fliall by hi.n or them be thought proper to be Truftees in that Behalf, any Part or Parts of the yearly Intereft, Divideu'ls, Profits and Proceed of the faid Principal Sum, Stocks, Funds and Securities, not exceeding one third Part of the yearly Intereft, Dividends, Profits and Proceed of fo much of the faid Principal Sum, Stocks, Funds and Securities, as they fhall refpeftively by virtue of this Aift be then intitled aflually to receive, to hold unto fuch Truftees, their Executors, Adminiftrators and Ailigns, for any Term or Number of Years, not exceeding twenty-one Years, to commence either in Pofieftion, or at any future