Page:Hastings of Bygone Days and the Present.pdf/73

From Historical Hastings
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said Husband. Then In Trust and to the use of all and every the Children of his said Daughter Cordelia Murray as well Sons as Daughters share and share alike, and to the heirs of their respective Bodies as Tenants in Common and not as joint tenants. And in default of Issue then in trust and to the use of the Testator's Daughters, Mary Milward, Jane, Sarah and Henrietta Collier and to the heir of their respective bodies as Tenants in Common. But in case of his said Daughter, Cordelia Murray, should survive her said Husband then in trust and to the use of his said daughter, Cordelia Murray, her heirs and assigns for ever, providing, that if by reason of his said daughter Murray's death in the life time of her said Husband, the aforesaid fifth part of his said Real Estate should by virtue of the aforesaid Devise come to his said other Daughters, and their Issue as aforesaid. Then and in such case it was his Will and he did thereby charge the aforesaid fifth part of his said Real Estate, with the payment of the sum of £500 to the said James Murray within six months after the decease of his said Wife. And the Testator gave and devised one other undivided fifth part of his said Real Estate unto his said Daughter, Mary Milward her heirs and assigns for ever. And he gave and devised unto his said Daughter, Jane Collier, her heirs and assigns for ever one other undivided fifth part of his said Real Estate. And he gave and devised one other undivided fifth part of his said Real Estate unto his said Daughter, Sarah Collier, her heirs and assigns for ever. And he gave and devised the remaining undivided fifth part of said Real Estate unto his said Daughter, Henrietta Collier, her heirs and assigns for ever. And after reciting that upon his youngest daughter's coming of age it might be thought proper and convenient to his said Daughter to make partition of his said Real Estate. The Testator thereby directed and empowered the said James Cranston and William Cranston and the survivor of them, and the heirs of such Survivor with the consent of his said Daughter Cordelia Murray testified under her hand and seal to join in making such partition and in executing such Conveyances as Counsel should direct for that purpose in order to divest themselves of the legal estate thereby vested in them of the fifth part of so much of his said Real Estate as might be solely and separately allotted to each and every of his said Daughters, Mary Milward, Jane, Sarah and Henrietta Collier. Providing that the said Mary Milward, Jane, Sarah and Henrietta Collier, join in conveying to his said Trustees their respective rights and interest in such part of his said Real Estate as should be allotted in such partition to his said Daughter, Cordelia Murray. Providing that such part of his said Real Estate as should be solely allotted to his said Daughter, Cordelia Murray, be settled and conveyed to the said James Cranston and William Cranston, or to the survivor of them or to the heirs of such Survivor to and upon the same, and the like uses trusts intents and purposes as the said thereinbefore first mentioned -