JONES v. STOCKETT.—2 BLAND. 393
ruary, 1822, made his last will and testament, in win eh among other
things, he gave and bequeathed as follows:
" I give and bequeath to my niece Ann Shipley, the sum of
$7,000 current money of the United States, subject to the condi-
tions and limitations hereafter prescribed; that is to say, the annual
interest thereof shall be paid to her yearly during her natural life;
and if she should marry, and die leaving lawful issue, then, on the
event of her death, the Raid principal sum of $7,000 shall be equally
divided among her children; but incase my said niece shall die with-
out leaving lawful issue of her body, then, and in that case, I give
and bequeath the aforesaid principal sum of $7,000 to be equally
divided among the children of my deceased brother, and their legal
representatives, reserving, nevertheless, an annuity of $120 to be
paid out of the said principal sum of $7,000 to Elizabeth, mother
of the said Ann during her natural life: which sum I direct my
said trustees to pay to her yearly; it being my design and inten-
tion, and I hereby declare that my said trustees, or the survivor of
them, shall retain in their hands the said principal sum of $7,000,
and put the same out on interest, on good security, for the purposes
aforesaid; and I further declare, that the aforesaid bequest to the
said Ann * Shipley, my niece, shall be deemed and taken as 410
full satisfaction for any claims against me that may arise
for becoming one of the securities on the administration of her
father's estate."
And again, after making some other dispositions of his property,
he says, "I give and devise all the rest and residue of my estate,
both real and personal, (subject, nevertheless, to the control, cus-
tody, and possession of my trustees, as hereafter described,) to my
nephew Larkin Shipley, the son of my brother John, for and during
the term of his natural life, and no longer; and if he should depart
this life without issue of his body, lawfully begotten, then to be
equally divided among his brothers and sisters; but if lie should
have lawful issue of his body at the time of his death, then, to
such issue, share and share alike. I also authorize and direct that
my said trustees shall have and retain the sole possession and cus-
tody of the said estate so given, as aforesaid, to my said nephew
Larkin, for the purpose of educating him, and are to rent out the
real estate, and put out the money on interest to the best advan-
tage; pay away the yearly proceeds, after his arrival at age, to
him; but to retain a control over the principal till the objects of
this bequest and devise are fully complied with. Item.—I nomi-
nate and appoint Richard G. Stockett and Henry Wayman, and
the survivor of them, whole and sole trustees and executors of this
my last will and testament, with full power for either of them to
act in case of the death of the other, to carry into full execution
all the matters and things aforesaid."
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