I Sir George Ralph Fetherston of Ardach in the county of Longford Baronet do hereby revoke all former wills and declare this to be my last will and testament Whereas I am seized of the reversion of the lands of Breiagh Lisdrinagh and Coolraw in the County of Longford held by my brother The Reverend Thomas Francis Fetherston under a lease for lives renewable for ever at a rent of four hundred and sixty three pounds three shillings and one penny present currency payable to me my heirs and assigns Now I bequeath the annual sum of one hundred pounds payable half yearly on the first day of May and first November in every year out of the said rent so reserved as aforesaid to my brother in law John Codley Esquire for his life and after his decease I bequeath the same annual sum of one hundred pounds payable as aforesaid to his wife Isabella Codley for her life for her separate use and after her decease I bequeath the same annual sum of one hundred pounds payable as aforesaid unto Henry Codley the second son and unto Elizabeth Codley the daughter of the said John and Isabella Codley and unto the survivor of them the said Henry Codley and Elizabeth Codley the daughter for their lives and the life of the survivor of them I bequeath one other annual sum of one hundred pounds payable half yearly as aforesaid out of the said rent so reserved as aforesaid to my sister Catherine Jessop widow of the late Robert Fetherston Jessop for her life and after her decease I bequeath the last mentioned annual sum of one hundred pounds unto Catherine Jessop and Eliza Jessop [the daughters of my said sister Catherine]and the survivor of them the said Catherine Jessop and Eliza Jessop for their lives and the life of the survivor and subject to the said two annuities of one hundred pounds each I bequeath the whole of the said rent to my brother Thomas Francis Fetherston for his life and after his decease I bequeath one other annual sum of one hundred pounds payable half yearly as aforesaid out of the said rent so reserved as aforesaid to the two daughters of the said Thomas Francis Fetherston by his first wife and the survivor of them the said two daughters for their lives and the life of the survivor and subject to the several annuities hereinbefore bequeathed I give and devise all the said reversion and rent so payable as aforesaid To the uses upon and for the trusts and with and subject to the powers proviso’s and declarations herein after expressed and contained concerning my fee simple estates in the said county of Longford [ other than the lands of Esher and Milra] I devise the lands of Esher and Milra in the county of Longford to the use of my nephew John Harward Jessop Esquire Barrister at Law and his assigns during his life without impeachment of waste and after his decease to the use of each of the sons of the said John Harward Jessop who shall be born during my life for the life of such son without impeachment of waste and after his decease To the use of his first and other sons successively in tail male so that the elder of the said sons of the said John Harward Jessop to be born during my life and his first and other sons successively and the heirs male of their respective bodies issuing may be preferred to and take before the younger of the said sons of the said John Harward Jessop to be born during my life and his and their respective first and other sons successively and the heirs male of their respective bodies issuing and after the determination of the uses and estates hereinbefore limited to the use of the son and sons of the said Harward Jessop who shall be born after my death successively according to their respective seniorities in tail male and in default of failure of such issue I devise the same and I devise all other my fee simple estates in the said county of Longford of or to which I shall die seized or otherwise entitled at the time of my decease with their appurtenances and all the titles? compositions or rent charges in lieu of titles arising or payable within the county of Westmeath [and hereinafter mentioned as the said Westmeath titles ]which I have any power to dispose of by will To the use of my wife Frances Lady Fetherston and her assigns for her life without impeachment of waste and immediately after her decease I give and devise the same estates hereditaments and premises [ which are hereinafter mentioned as my trust estates] subject respectively as aforesaid unto and to the use of John Harward Jessop John Codley and James Graham Domville their heirs and assigns for ever Upon the trusts hereinafter declared and contained of and concerning the same estate and heriditaments respectively [that is to say] Upon trust that they the said John Harward Jessop John Codley and James Graham Domville shall stand possessed of my said trust estates during the term of one hundred and twenty one years to be computed from my death and fully to be complete and order if my nephews Thomas John Fetherston Edmond Fetherston Albert Fetherston John Fetherston Boleyn Fetherston and Fetherston the sons of my brother Thomas Francis Fetherston and my great nephew George Fetherston the son of my nephew Thomas John Fetherston or any or either of my nephews and great nephew shall so long live and also during the term of twenty years to be computed from the end expiration or other sooner determination of the said term of one hundred and twenty years determinable as aforesaid In trust for the person and persons hereinafter mentioned and for the times hereinafter expressed [that is to say] Upon trust for the said George Fetherston for a term of ninety nine years if he shall so long live and the said terms of one hundred and twenty years determinable as aforesaid and twenty years or either of them shall so long continue and after the expiration or sooner determination of the said term of ninety nine years determinable as aforesaid then in trust for the first and other sons of the said George Fetherston severally and successively according to seniority and after the determination of the estate and interest of each of the same sons respectively and also as the circumstances of the case shall require after the determination of the estate of any person taking from time to time under or as answering the description of heir male of his body In trust for the person who for the time being and from time to time shall answer the description of heir male of his body or who in case of the death of his parent if such death had taken place would be heir male of his body under an estate tail limited to the same son and the heirs male of his body To hold to the same son or person respectively for a term of ninety nine years if the same son or person respectively shall so long live and the said terms of one hundred and twenty years determinable as aforesaid and twenty years or either of them shall so long continue every older of the same sons and the person who for the time being and from time to time shall answer or who in case of the death of his parent if such death has taken place would answer the description of heir male of his body to be preferred before every younger of the same sons and the person who for the time being shall answer or in case of the death of his parent if such death had taken place would answer the description of heir male of his body and from and after the determination of the aforesaid estates then In trust for each of the sons of the said Thomas John Fetherston [other than the said George Fetherston] severally and successively according to seniority and after the determination of estate and interest of each of the same sons respectively and also as the circumstances of the case shall require after the determination of the estate of any person taking from time to time under or as answering the description of heir male of his body In trust for the person who for the time being and from time to time shall answer the description of heir male of his body or who in case of the death of his parent if such death has taken place would be heir male of his body under an estate tail limited to the same son and the heirs male of his body to hold to the same son or person respectively for a term of ninety nine years if the same son or person respectively shall so long live and the said terms of one hundred and twenty years determinable as aforesaid and twenty years or either of them shall so long continue every older of the same sons and the person who for the time being and from time to time shall answer or who in case of the death of his parent if such death had taken place would answer the description of heir male of his body to be preferred before every younger of the same sons and the person who for the time being shall answer or in case of the death of his parent if such death has taken place would in answer the description of heir male of his body and from and after the determination of the aforesaid estates then In trust for each of the sons of the said Thomas Francis Fetherston by his second wife Anne formerly Anne L’Estrange spinster severally and successively according to seniority and after the determination of the estate and interest of each of the same sons respectively and also as the circumstances and of the case shall require after the determination of the estate of any person taking from time to time under or as answering the description of heir male of his body In trust for the person who for the time being and from time to time shall answer the description of heir male of his body or who in case of the death of his parent if such death has taken place would be heir male of his body under an estate tail limited to the same son and the heirs male of his body To hold to the same son or person respectively for a term of ninety nine years if the same son or person respectively shall so long live and the said terms of one hundred and twenty one determinable as aforesaid and twenty years or either of them shall so long continue every elder of the same sons and the person who for the time being and from time to time shall answer or who in case of the death of his parent if such death had taken place would answer the description of heir male of his body to be preferred before every younger of the same sons and the person who for the time being shall answer or in case of the death of his parent if such death had taken place would answer the description of heir male of his body and from and after the determination of the aforesaid estates then upon trust for the said John Harward Jessop for a term of ninety nine years if he shall so long live and the said terms of one hundred and twenty years determinable as aforesaid and twenty years or either of them shall so long continue and after the expiration or sooner determination of the said term of ninety nine years determinable as aforesaid then in trust for the first and other sons of the said John Harward Jessop severally and successively according to seniority and after the determination of the estate and interest of each of the same sons respectively and also as the circumstances of the case shall require after the determination of the estate of any person taking from time to time under or as answering the description of heir male of his body In trust for the person who for the time being and from time to time shall answer the description of heir male of his body or who in case of the death of his parent if such death has taken place would be heir male of his body under an estate tail limited to the same son and the heir male of his body To hold to the same son or person respectively for a term of ninety nine years [if the same son or person respectively shall so long live and the said terms of one hundred and twenty years determinable as aforesaid and twenty years or either of them shall so long continue every older of the same sons and the person who for the time being and from time to time shall answer or who in case of the death of his parent if such death had taken place would answer the description of heir male of his body to be preferred before every younger of the same sons and the person who for the time being shall answer or in case of the death of his parent if such death has taken place would answer the description of heir male of his body and from and after the determination of the aforesaid estates then In trust for Henry the second son and other the son and sons of the said John Codley exclusive of the first son of the said John Codley by his wife Isabella my sister] severally and successively according to seniority and after the determination of the estate and interest of each of the same sons respectively and also as the circumstances of the case shall require after the determination of the estate of any person taking from time to time under or as answering the description of heir male of his body In trust for the person who for the time being and from time to time shall answer the description of heir male of his body or whom in case of the death of his parent if such death has taken place would be heir male of his body under an estate tail limited to the same son and the heirs male of his body To hold to the same son or person respectively for a term of ninety nine years if the same son or person respectively shall so long live and the said terms of one hundred and twenty years determinable as aforesaid and twenty years or either of them shall so long continue every older of the same sons and the person who for the time being and from time to time shall answer or who in case of the death of his parent if such death has taken place would answer the description of heir male of his body to be preferred before every younger of the same sons and the person who for the time being shall answer or in case of the death of his parent if such death had taken place would answer the description of heir male of his body and from and after the determination of the aforesaid estates then in trust for the person or persons respectively [except only the said Thomas John Fetherston ] who for the time being and from time to time shall or in case the said Thomas John Fetherston were then dead would answer the description of my heir or right heirs at law and if there shall be more than one in the same parts shares and proportions as they would be entitled to a real estate extending from me as the first purchaser thereof To hold to the same person or persons respectively if more than one as tenants in common as to each of the same persons respectively for a term of ninety nine years if the same person shall so long live and the said terms of one hundred and twenty determinable as aforesaid and twenty years so either of them shall so long continue and I direct that each of the said terms of ninety nine years determinable as aforesaid shall continue and be computed from ---------- when the person or persons respectively to whom the same terms are limited shall become entitled to the income of all or any part of any said trust estates under the limitations or trusts hereinbefore contained and further that in case the limitations or trusts hereinbefore contained to or in favor of persons unborn cannot take effect precisely in the order in which they are directed to take place and there shall consequently be any suspension of the beneficial ownership by reason that the persons entitled to take under the same limitations or trusts shall mot be then born then in that case the income of my said trust estates shall during such suspension of ownership belong to and be enjoyed by the person or persons for the time being entitled or who in case there had not been such suspension of ownership would for the time being and from time to time have been entitled to the next estate in remainder subject nevertheless to the right of any person or persons to be afterwards born and who would have been entitled under any prior limitation or trust to receive the income of my said trust estates from his her or their actual birth or respective births and I direct that from and after the expiration or which shall first happen sooner determination of the said terms of one hundred and twenty years determinable as aforesaid and twenty years my said trust estates shall be settled conveyed and assured by my then trustee or trustees thereof to and for such person or persons as would at that time be entitled to the same either by purchase or by descent? for the first or immediate estate or estates for life in tail or in fee in the same trust estates if the same trust estates had by will been designed or assured in manner and to the effect following [that is to say] To the use of the said George Fetherston and his assigns during his life without impeachment of waste and after his decease To the use of each of the sons of the said George Fetherston who shall be born during my life for the life of such son without impeachment of waste and immediately after his decease To the use of his first and other sons successively in tail male so that the elder of the said sons of the said George Fetherston to be born during my life and his first and other sons successively and the heirs male of their respective bodies issuing may be preferred to and take before the younger of the said sons of the said George Fetherston to be born during my life and his and their respective first and other sons successively and the heirs male of their respective bodies issuing and after the failure of the uses and estates hereinbefore limited To the use of the son and sons of the said George Fetherston who shall be born after my death successively according to their respective seniorities in tail male and in default or failure of such issue to the use of each of the sons of the said Thomas John Fetherston other than the said George Fetherston who shall be born during my life for the life of such son without impeachment of waste and immediately after his decease To the use of his first and other sons successively in tail male so that the elder of the said sons of the said Thomas John Fetherston [other than the said George Fetherston] to be born during my life and his first and other sons successively and the heirs male of their respective bodies issuing maybe preferred to and take before the younger of the said sons of the said Thomas John Fetherston [other than the said George Fetherston] to be born during my life and his and their respective first and other sons successively and the heirs male of their respective bodies issuing and after failure of the uses and estates hereinbefore expressed To the use of the son and sons of the said Thomas John Fetherston who shall be born after my death successively according to their respective seniorities in tail male and in default of failure of such issue To the uses upon the trusts and with under and subject to the powers provisions and declarations hereinafter limited and expressed widening? in or freehold estates in the said county of Westmeath immediately subsequent to the limitation of the life estate therein to my said wife or such as may be then subsisting or capable of taking effect and I further direct that the person or persons to whom such conveyances shall be made or shall have such estate in my said trust estates as he or they would at that time be entitled to take under the said limitations if the same limitations had been actually made by my will with the same or the like remainders over as if the said trust estates had been devised by my will in manner aforesaid or as near thereto as may be and the circumstances of the case and the rules of law and equity will permit yet nevertheless I direct and declare that no person shall have or be entitled to a vested estate or any other than a contingent interest until the expiration or which shall first happen sooner determination of the terms of one hundred and twenty years determinable as aforesaid and twenty years and I declare that such limitations are introduced into my will only for the purpose of ascertaining the objects to whom such conveyances shall be made and not for the purpose of making any immediate devise or gift to or raising any immediate or present estate by way of trust or otherwise for them on the contrary thereof I direct that during the said terms of one hundred and twenty years determinable as aforesaid and twenty years or either of them no person or persons shall be entitled at law or in equity to any beneficial estate of and in my said trust estate or the income thereof by way of vested interest for any longer period than ninety nine years determinable as hereinafter before is mentioned and that in the event and in the mode hereinbefore expressed heir or heirs of the body shall be entitled to take in the first instance and as purchasers in their own ------ I give and devise all the estates in fee simple in the county of Westmeath and other the real estate of or to which I shall be seized or otherwise entitled at the time of my decease [not herein before devised by this my will] with their appurtenances To the use of my said wife and her assigns during her life without impeachment of waste and immediately after her decease To the use of each of the sons of the said Thomas Francis Fetherston by his said second wife Anne formerly Anne L’Estrange spinster who shall be born during my life for the life of such son without impeachment of waste and after his decease To the use of his first and other sons successively according to their respective seniorities in tail male so that the elder of the said sons of the said Thomas Francis Fetherston by his said second wife to be born during any life and his first and other sons successively and the heirs male of their respective bodies issuing may be preferred to and take before the younger of the said sons of the said Thomas Francis Fetherston by his said second wife to be born during my life and their respective first and other sons successively and the heirs male of their respective bodies issuing and after the determination of the uses and estates hereinbefore limited To the use of the son and sons of the said Thomas Francis Fetherston who shall be born after my decease successively according to their respective seniorities in tail male and in default or failure of such issue To the use of my nephew the said John Harward Jessop and his assigns during his life without impeachment of waste and after his decease To the use of the first and other sons of the said John Harward Jessop successively according to their respective seniorities in tail male and in default or failure of such issue To the use of the said Henry the second son and other the son and sons of the said John Codley [exclusive of the first son of the said John Codley by his wife Isabella my sister] who shall be born during my life for the life of such son without impeachment of waste and after his decease To the use of his first and other sons successively according to their respective seniorities in tail male so that the elder of the said sons of the said John Codley [exclusive of the said first son] to be born during my life and his first and other sons successively and the heirs male of their respective bodies issuing may be preferred to and take before the younger of the said sons of the said John Codley to his ------ ------ ----- my life and their respective first and those sons respectively------- ------ estates hereinbefore limited To the son of the son his son ---- of the ----- ----- ---- who shall be born after my decease successively accordingly-------- ----- --- seniorities in tail male and in default or failure of such issue To the ------ ------- own right heirs provided always and I hereby declare my will to be ---- ---- person or persons who under this my will would if ---------- ------- not been herein inserted for the time being be entitled to the --------- ------of the rents and profits of the said hereditaments made hereunto----------- respectively devised or any part or parts thereof for my estate for person? for life or in tail male or in tail by purchase shall be under the age of twenty one years and in such case and so often as the same shall happen the said John Harward Jessop John Codley and James Graham Domville and the survivor or survivors of them and the executors or administrators of such survivor shall enter into or continue in the possession or receipts of the rents or profits of the same hereditaments an------- or such part or parts thereof as aforesaid and shall during the --- incapacity? of such person or persons so entitled as aforesaid continue such possession or receipt of rents and profits manage or superintend the management of the same hereditaments and premises or such part or parts thereof as aforesaid with full power to fell timber and cut underwood from time to time in the usual course for sale or for repairs or otherwise and to erect pull down and repair houses and other buildings and erections and to drain or otherwise improve all or any of the said hereditaments and premises and to insure houses buildings or other property against loss or damage by fire and to make --------to and arrangements with tenants and others and to accept ------- of------- and tenancies and generally to deal with the premises as they or he might do if they were the absolute owners thereof And shall from time to time during such minority by and out of the rents and profit of the said hereditaments and premises [including the produce of the sale of timber and underwood ] pay and discharge the expenses incurred in or about such management or in the exercise of any of the powers aforesaid or otherwise in respect of the premises and all outgoings not payable by any tenant or the person and keep down any annual sum which may for the time being be reserved[received] upon the same premises or any part thereof and the interest of any principal sum which may be charged by way of mortgage or of a ---- from the same premises or any part thereof and apply any ------ or ------- which they or he shall think proper in their absolute discretion according to the ----- of such minor or minors in or towards the maintenance or education or advancement in the World of such minor or minors and invest the residue of such rents and profits in their or his names or name in or upon any of the Parliamentary stocks or public funds of Great Britain do at interest upon Government or real securities in England Wales or Ireland to be from time to time altered or varied if to them or him it shall seem meet and appropriate the dividends interest and annual produce of the said stocks funds and securities in the way of compound interest by from time o time similarly investing the same and all resulting income and produce thereof and shall stand and be possessed of and interested in such pack of the said rents and profits of the said original and accumulated stocks funds and securities and the dividends interest and annual produce thereof as shall arise from my said estates other than the lands of Esher and Milra hereinbefore devised to Thomas Harward Jessop John Codley and James Graham Domville their heirs and assigns within twenty one years from the day of my decease upon trust to lay out and invest the same in the purchase of freehold estates of inheritance in the county of Longford to be conveyed and assured unto and to the use of the trustees for the time being of this my will upon the same trusts and to --- as for the said purposes and subject to the sawes? powers? and in ----------- as are hereinbefore declared concerning my said trust estate other than in the land of Esher and Milra hereinbefore devised as aforesaid and shall ------ and be pass as ------ of an interest in all the residue of the said rents and prof-----ags of the said original and accumulated stocks funds and securities and the dividends interest and annual produce thereof Upon the trusts following [that is to say] if the person or persons so entitled as aforesaid to any estate for years or for life or in fail male or in fail by purchase during whose ------- by the said trusts and profits shall have been accumulated as aforesaid shall attain the age of twenty one years or shall die under that age leaving issue entitled by inheritable under the respective limitations hereinbefore contained then upon trust to pay transfer or assign the same to such person or persons so entitled as aforesaid shall die under the age of twenty one years without leaving issue entitled or inheritable under the limitations hereinbefore respectively contained then from and after the decease of such person or persons or the birth of such issue as aforesaid upon and for the trusts intents and purposes and with under and subject to the powers provisos and declarations hereinafter declared and contained of and concerning the monies to arise from a sale in pursuance of the trust for conversion hereinafter contained of the residue of my personal estate and the stocks funds and securities in or upon which such monies are hereinafter authorized be invested and the dividends interest and annual produce thereof Provided always and I hereby declare my will to be that the said George Fetherston shall be considered a minor until he attains the age of twenty five years and that the powers and authorities hereinbefore contained with respect to the receipt application and accumulation of rent during minority or minorities shall as regards the said George Fetherston so far as any rules of Law or Equity will permit be considered to dive? my said trustees until the said George Fetherston attains the age of twenty five years all such powers and authorities as were given to my said trustees during the minority of any person or persons so entitled as aforesaid to any estate for years or for life or in tail male or in tail by purchase [Provided also and I hereby declare my will to be that it shall be lawful for my said wife as and when by virtue of the limitations of this my will she shall be in the actual possession or entitled to the receipt of the rents issues and profits of the said hereditaments and premises hereinbefore devised to her for her life by any deed or deeds with or without power of revocation and new appointment to be by her sealed and delivered in the presence of and to be attested by two or more ---dible witnesses or by her last will and testament in writing or any codicil or codicils thereto subject and charge all or any part of the same hereditaments and premises so devised to her as aforesaid for her life to and with the payment of any sum or sums of money not exceeding the sum of ten thousand pounds with lawful interest for the same [at any rate not or exceeding four pounds per cent per annum to be computed from the decease of my said wife or any subsequent time or times] for the benefit of any one or more exclusively of the other or others of the descendants of my father the late Sir Thomas Fetherston Baronet in such shares and to be an interest vested or interests vested in and to be paid to such descendant or descendants respectively at such age continue or respective ages or times as my said wife shall think fit [But not to be paid until after the death of my said wife] And by the same or any other deed or deeds with or without power of revocation and now appointment to be sealed and delivered and attested as aforesaid or by her last will and testament in writing or any codicil or codicils thereto to direct or appoint all or any person or persons whomsoever for any term or terms of years with or without impeachment of waste upon usual trusts by way of mortgage or otherwise to levy and raise the money so to be charged and the interest thereof and the costs charges and expenses [if any] to be incurred in or about the execution of the same trusts Provided always and I hereby declare my will to be that it shall be lawful for the person or persons who shall be entitled to any estate for years or for life in the said hereditaments mentioned premises hereinbefore devised respectively or any part or parts thereof as and when such person or persons shall under this my will be entitled to the possession or the receipt of the rents and profits of the same premises and also for the said John Harward Jessop John Codley and James Graham Domville and the survivors and survivor of them and the executors or administrators of such survivor during the minority of any person who if of full age would under this my will be for the time entitled to the possession or the receipt of the rents and profits of the same premises respectively by deed to appoint by way of lease all or any of the said hereditaments and premises for any term of years not exceeding twenty one years to take effect in possession so as there be reserved on every such appointment the best yearly rent or rents to be incident to the immediate reversion that can be reasonably gotten without taking anything in the nature of a fine premium or foregift and so as there be contained in every such appointment a condition of recutry? for nonpayment within a reasonable time to be therein specified of the rent or rents thereby reserved and so as the appointee or appointees do execute a counterpart thereof and do thereby covenant for the due payment of the rent or rents thereby reserved and be not made dispunishable? for waste I give devise and bequeath all the leasehold messuages lands tenements and hereditaments whether holden for any life or lives with or without any terms or term of years or for any term or terms of years absolute or determinable with any life or lives of or to which I am or at my death shall be seized possessed entitled or of which I have at my death shall have power to dispose by will [except what I otherwise dispose of by any codicil to this my will] unto the said John Harward Jessop John Codley and James Graham Domville their executors administrators and assigns for all such estate term or interest as I shall have therein respectively at my decease Upon trust that they the said John Harward Jessop John Codley and James Graham Domville and the survivors and survivor of them and the executors or administrators of such survivor shall by and out of the rents and profits thereof pay the rents reserved in and by the leases thereof respectively and observe and perform the covenants and conditions in the said leases respectively contained and on the part of the several lessees or their respective executors administrators or assigns to be observed or performed and subject thereto as to such part of the same leasehold premises as are situate in the said county of Longford shall hold the same upon and for such trusts intents and purposes and with under and subject to such powers provisions and declarations as shall as nearly correspond with and be similar to the uses trusts intents purposes powers provisions and declarations hereinbefore limited and declared of and concerning all my fee simple estates in the said county of Longford [other than the said lands of Esher and Milra ] hereinbefore devised as the different tenure and quality of the premises and the rules of Law and Equity will permit but so as not to increase or multiply charges and so that such of the said hereditaments and premises as are held by a lease for years shall not vest absolutely in any person hereby [after the expiration or sooner determination of the said terms of one hundred and twenty years and twenty years] made tenant in tail male or in tail by purchase of my fee simple estates in the said county of Longford [other the said lands of Esher and Milra] hereinbefore devised who shall not attain the age of twenty one years but on his decease under that age shall go doosl? and remain in the same manner as if they had been freeholds of inheritance and had been included in the devise hereinbefore contained with respect to all my fee simple estates in the said county of Longford [other than the said lands of Esher and Milra] And as to all the residue of the ---- leasehold premises shall hold the same upon and for such trusts intents and purposes and with under and subject to such powers provisions and declarations as shall as nearly correspond with and be similar to the uses trusts intents purposes powers provisions and declarations hereinbefore limited and declared of and concerning the freehold hereditaments and premises in the said county of Westmeath [other than the said Westmeath tithes] hereinbefore devised as the different tenure and quality of the premises and the rules of Law and Equity will permit but so as not to increase or multiply charges and so that such of the said hereditaments and premises as are held by a Lease for years shall not vest absolutely in any person hereby made tenant in tail male by purchase of the said freehold premises in the said county of Westmeath [other than the said Westmeath tithes] hereinbefore devised who shall not attain the age of twenty one years but on his decease under that age shall go devolve and remain in the same manner as if they had been freehold of inheritance and had been included in the devise in Settlement hereinbefore contained with respect to the said freehold hereditaments and premises in the said county of Westmeath [other the said Westmeath tithes] Provided always and I hereby declare my will to be that the said John Harward Jessop John Codley and James Graham Domville and the survivor and survivors of them and the heirs executors or administrators respectively of such survivor shall from time to time as occasion shall require in the ordinary course of renewal use their and his best endeavors to obtain on the accustomed reasonable terms a renewed lease or leases grant or grants for lives or years of such of the said leasehold premises as shall be held for a lease or leases grant or grants for lives or years ordinarily renewable and shall from time to time make and do all such surrenders and other things as shall be expedient for obtaining such renewals and that the fines and expenses of such renewals shall from time to time be defrayed by and out of the premises of which such renewals are to be obtained respectively in such manner that the several persons beneficially entitled to the same under this my will shall contribute to such fines and expenses in the proportions in which according to the rules of Courts of Equity they would be bonus to contribute provided always and I hereby further declare that it shall be lawful for the said John Harward Jessop John Codley and James Graham Domville and the survivors and survivor of them and the executors or administrators of such survivor to raise any money which may be required for any such renewal as aforesaid by mortgage of the hereditaments taken by renewal or of any other hereditaments for the time being subject to the subsisting uses or trusts of this my will and to make and do all such acts and assurances as shall be expre----- for effectuating? any such mortgage and no mortgagee advancing money upon any mortgage purporting to be made under this power shall be bound to see that such money is wanted or that no more than is wanted is raised Provided nevertheless that the proportion in which the fines and expenses are to be ultimately borne by the persons beneficially entitled shall not be altered by the money for that purpose being in the first instance raised by mortgage I bequeath to my sisters Sally Fetherston Maria Fetherston and Octavia the wife of the Very Reverend James Gregory Dean of Kilbare and the survivor and survivors an annuity of two hundred pounds I bequeath to my nieces Georgina Fetherston and Caroline Fetherston the daughters of my late sister Eliza Fetherston and the survivor of them for their lives and the life of the survivor an annuity of one hundred pounds and I do hereby charge and make chargeable all my said freehold and leasehold estates in the said county of Longford [except the said lands of Esher and Milra] with the payment of the said sums of two hundred pounds and a hundred pounds I direct that the said last mentioned sums of two hundred pounds and one hundred pounds shall be paid in equal portions half yearly on the first day of May and the first day of November in every year I bequeath all the rent and arrears of rent which shall be due and owing to us at the time of my decease and also all monies in the house or at my bankers at the time of my decease unto my said wife for her own use absolutely I bequeath all my household furniture linen wines and horses carriages farming utensils sheep and cattle Hay corn potatoes and farming produce unto my said wife absolutely I request my said wife [in case by the death of by brother] in her lifetime she becomes entitled to the surplus rents of the said lands of Brenagh Lisdrinagh and Coolraw to lay out such surplus rent in the maintainence and education of my great nephew the said George Fetherston but I declare that this request is not to be contained as a trust for his benefit or be in any manner obligatory on my said wife if she shall not think fit to apply the said surplus rent for his benefit as aforesaid I bequeath all my plate and plates goods pictures and books unto my said wife during her life and after her decease I bequeath the same unto the said John Harward Jessop John Codley and James Graham Domville their executors administrators and assigns In trust to permit the same to go along with and be used and enjoyed so far as the rules of Law and Equity will permit by the person or persons who under or by virtue of this my will shall for the time being or in actual possession or entitled to the receipts of the rents issues and profits of the said hereditaments and premises in the said county of Longford [other than the said lands of Esher and Milra] yet so that the same shall not vest absolutely in any person hereby made tenant in tail male by purchase of the said last mentioned hereditaments and premises unless such person shall attain the age of twenty one years but on the decease of any such person being tenant in tail male or purchase under or by virtue of this ------ shall so devolve and remain in the same manner as if they had been freeholds of inheritance and had been included in the devises of the said hereditaments and premises in the said county of Longford [other than the said lands of Esher and Milra I direct that the legacies bequeathed by any codicil to this my will shall not be paid or payable during the life of my said wife without her consent in writing but that the legatees respectively shall be entitled to interest at the rate of four pounds per cent per annum on their respective legacies from the day of my decease such interest to be paid by my said wife by half yearly payments until payment of the said legacies and I direct that the time order or priority of payment nevertheless with such consent of my said wife during her life shall be entirely at the discretion of my said trustees I give and bequeath all the personal estate to which at my death I shall be possessed or of which I have or at my death shall have power to dispose by will [except chattels real hereinbefore devised and except what else I otherwise dispose of by this my will or any codicil thereto] subject to the payment of my funeral and testamentary expenses debts and the legacies bequeathed by this my will to the said John Harward Jessop John Codley and James Graham Domville their executors and administrators Upon trust that they the said John Harward Jessop John Codley and James Graham Domville or the survivors or survivor of them or the executors or administrators of such survivor shall after the decease of my said wife or during her lifetime with her consent in writing call in sell and convert into money such parts thereof as shall not consist of money and shall after payment of the expenses attending such sale or conversion invest the residue of the same monies in the names or name of them the said John Harward Jessop John Codley and James Graham Domville or the survivors or survivor of them or the executors or administrators of such survivor in or upon any of the Parliamentary stocks or public funds of Great Britain or at interest upon Government or real securities in England Wales or Ireland and that they or he shall have power? from time to time and at any time to alter vary or transpose such stocks funds or securities into or for others of the same or a like nature at their or his discretion and do and shall pay the interest dividends and annual proceeds of the said trust monies stocks funds or securities to or permit the same to be received by my said wife during her life and I direct the said John Harward Jessop John Codley and James Graham Domville after the death of my said wife or during her life time if she my said wife shall by writing under her hand request them so to do but not otherwise to layout and invest the monies to arise from the sale or conversion hereinbefore directed or from the sale transfer or disposition of any stocks funds or securities in or upon which the same trust monies or any of them or any part thereof shall for the time being be laid out or invested or any part of such trust monies respectively in the purchase of any freehold messuages lands tenements or hereditaments situate in the said county of Longford or in the said county of Westmeath or part in each of the said counties to be conveyed to the use of my said wife for her life without impeachment of waste and subject thereto to the use of the trustees or trustee for the time being of this my will their or his heirs or assigns upon the trusts by this my will declared of and concerning my said freehold estates in the said county of Longford other than the lands of Esher and Milra and until such purchase shall be made the interest dividends and annual produce of the said trust monies or the stocks funds or securities in or upon which the same shall be invested or such part or parts thereof as shall not be so laid out shall not? be paid to the persons who would be entitled to the rents and profits of the lands to be so purchased I give devise and bequeath all the estates which at my death shall be vested in me upon any trustsor by way of mortgage and which I shall at my death have power to dispose by will unto the said John Harward Jessop John Codley and James Graham Domville their heirs executors and administrators respectively [accordingly to the nature--- respectively] upon the trusts and subject to the equity of redemption which at my death shall be subsisting or capable of taking effect therein respectively but so that the money secured on such mortgages be taken as part of my personal estate and I hereby appoint my said wife executrix of this my will during her life and after her decease I appoint the said John Harward Jessop John Codley and James Graham Domville or such of them as shall be living executors of this my will I bequeath to each of my friends named herein as trustees a legacy of two hundred pounds I desire to be buried in the nearest or most convenient Church qfars? to the place of my decease and I particularly desire that my funeral may be with plainness and privacy and I hereby declare that the receipt or receipts in writing of the said John Harward Jessop John Codley and James Graham Domville or the survivors or survivor or the ---- executors or administrators of such survivor or of the trustees or trustee for the time being acting in the execution of the trusts of this my will for the purchase money of any property hereby directed or authorised to be sold and for any other monies stocks funds or securities paid or transferred to them or him under or by virtue of this my will or in the execution of any of the trusts hereof shall effectually discharge the person or persons paying or transferring such stocks funds or securities from the same and from being bound to see to the application or being answerable for the misappropriation or nonapplication thereof provided always and I hereby declare my Will to be that if my said trustees hereby constituted or any of them or any trustee or trustees appointed as hereinafter provided shall die in my lifetime or after my death or desire to be discharged or refuse or become incapable or unfit to act then in every such case it shall be lawful for my said wife and after her death for the surviving or continuing trustees or trustee for the time being [and for this purpose refusing or retiring trustees shall if willing to act in the execution of this power be considered continuing trustees] or for the proving acting executors or administrators of the last surviving or continuing trustee to appoint a new trustee or new trustees in the place of the trustee or trustees so dying or being abroad or desiring to be discharged or refusing or becoming incapable or unfit to act as aforesaid and that upon every such appointment all the estates monies stocks funds or securities then vested in the trustees or trustee for the time being or in the heirs executors or administrators of the last surviving or continuing trustee shall be so conveyed assigned and transferred that the same may be vested in the surviving or continuing trustee jointly with such new trustee or in such new trustees only as the case may require and that every trustee so appointed as aforesaid may either before or after the said trust premises shall have been so vested as aforesaid act or assist in the execution of the trusts and powers of this my will as fully and effectually to all intents and purposes as if I had hereby constituted him trustee provided always and I declare my will to be that the trustees or trustee for the time being of this my will shall be respectively – chargeable only for such monies as they shall respectively actually receive not withstanding their signing any receipt for the sake of conformity and shall be answerable and accountable only for their own acts receipts neglects and defaults respectively and not for those of each other nor for any Banker Broker or other person with whom any trust monies or securities may be deposited nor for the insufficiency or deficiency of any stocks funds or securities nor for any other loss unless the same shall happen through their own wilful default respectively and also that it shall be lawful for the said trustees or trustee for the time being to reimburse themselves and himself or pay and discharge out of the trust premises all expenses incurred in or about the execution of the trusts and powers of this my will In witness whereof I have to this my will contained in twenty two sheets of paper [each sheet being subscribed by me ] set my hand this twenty eighth day of May one thousand eight hundred and fifty three GR Fetherston Signed by the said Sir George Ralph Fetherston the testator in the presence of us both present at the same time who in his presence and in the presence of each other have subscribed our names as witnesses the erasures having been first made in the fifth sixth seventh twelfth and thirteenth and fourteenth lines of the fourteenth sheet and the word ‘lawful’ having been inserted in the said fifth line and the words ‘survivors and’ having been interlined in the sixteenth and seventeenth sheet and the words ‘the same’ having been interlined in the eighteenth sheet
Wm Henry Domville Lincolns Inn London Solr Robert McServel
In the last will and testament of Sir George Ralph Fetherston late of Ardach in the county of Longford Baronet deceased [having and so forth] was proved in Common form of Law and probate thereof granted by The Most Revd Father John George and so forth unto Frances Elizabeth Fetherston of the same place near Edgrvorthstown widow the sole executrix during life named in the said will she being first sworn personally saving and so forth Dated the 23rd day of August 1853 M Keating AJ Hawkins –Registrars
Proved at London the 19th day Dec 1853 before the Judge by the oath of Dame Frances Elizabeth Fetherston widow the relict the sole executrix for life to whom admon was granted having been first sworn by common? duly to administer