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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 255   View pdf image (33K)
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CONTEE v. DAWSON.—2 BLAKD. 255

BLAND, G., 14th April, 1829.—This case standing ready for hear-
ing, the solicitors of the parties were fully heard and the proceed-
ings read and considered.

Ann Russell, a resident of London, and a subject of the British
monarch, having a large estate and many descendants, some of
whom were natives and residents of England, and others residents
and citizens of the United States, on the 23rd of January, 1790,
made her will, and some time after died; in which will is found,
among others, the following bequest;

"I give to William Dawson, of "Wakefield, in the County of
York, and to my said grandson Robert Clerk, their executors, ad-
ministrators and assigns, the sum of £1,500, upon trust, to invest
the same in their or his names or name, in the public stocks or
funds, or at interest upon parliamentary, government, or real secu-
rities. And to stand possessed of the said last mentioned £1,500,
or of the stocks, funds or securities in or upon which the same shall
he invested, upon trust, to pay and apply the interest and divi-
dends thereof unto and for the sole and separate use of my grand-
daughter Margaret Russell Clerk, the wife of James Clerk, of Park
Hall, in the Province of Maryland, in North America, during her
natural life. And for which interest and dividends the receipt of
the said Margaret Russell Clerk, or of such person or persons as
she shall appoint to receive the same shall, notwithstanding her
present, or any future coverture, be good discharges. And from
and after the decease of the said Margaret Russell Clerk, then
upon trust to assign, transfer and pay the said last mentioned sum
of £1.500, or the stocks, funds, or securities in or upon which the
same shall be invested as aforesaid, unto all the children of my
said granddaughter* Margaret Russell Clerk, who shall be
living at her death; and who being a son, or sons, shall 271
then have attained, or shall afterwards live to attain the age of
twenty-one years; or who being a daughter or daughters shall
then have attained the age of twenty-one years, or been married,
or shall afterwards live to attain that age, or be married, to be
equally divided between such children, if more than one, as ten-
ants in common. But if my said granddaughter Margaret Russell
Clerk, shall have only one child living at her death, who being a
son, shall then have attained, or shall afterwards live to attain the
age of twenty-one years; or who being a daughter, shall then have
attained the age of twenty-one years, or been married; or shall after-
wardslive to attain that age or be married, then upon trust to assign,
transfer and pay the said last mentioned sum of £1,500 or the stocks,
funds, or securities in or upon which the same shall be invested as
aforesaid, unto such only child for his or her own absolute use.
And in case my said granddaughter Margaret Russell Clerk, shall
have no child or children who shall live to become entitled to the
said last mentioned sum of £1,500, or the stocks, funds or securi-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 255   View pdf image (33K)
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