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and delivered in the presence of two or more credible witnesses, or by her last will and testament in writing, or any writing of appointment in the nature of a will, shall direct or appoint, and in default of any such appointment, or in case of the death of my said sister in my life-time, then upon trust that they my said trustees and the survivor of them, his executors, administrators, and assigns, do and shall assign and transfer all the trust, property, and funds unto and among the children of my said sister, if more than one, equally to be divided between them, share and share alike, and if only one such child, then to such only child the share and shares of such of them as shall be a son or sons, to be paid and transferred unto him and them when and as he or they shall respectively attain his or their age or ages of twenty-one years; and the share and shares of such of them as shall be a daughter or daughters, to be paid and transferred unto her or them when and as she or they shall respectively attain his or their age or ages of twenty-one years, or be married, which shall first happen, and in case any of such children shall happen to die, being a son or sons, before he or they shall attain the age of twenty-one years, or being a daughter or daughters, before she or they shall attain the said age of twenty-one, or be married; then it is my will and I do direct that the share or shares of such of the said children as shall so die shall go to the survivor or survivors of such children, with the benefit of further accruer in case of the death of any such surviving children before their shares shall be come vested. And I do direct that my said trustees shall pay and apply the interest and dividends of each of the said children's shares in the said trust funds for his, her, or their maintenance and education during their minorities, notwithstanding their shares may not become vested interests, but that such interest and dividends as shall not have been so applied shall accumulate, and follow, and go over with the principal. And I do nominate, constitute, and appoint the said John Cam Hobhouse and John Hanson executors of this my will. And I do will and direct that my said trustees shall not be answerable the one of them for the other of them, or for the acts, deeds, receipts, or defaults of the other of them, but each of them for his own acts, deeds, receipts, and wilful defaults only, and that they my said trustees shall be entitled to retain and deduct out of the monies which shall come to their hands under the trusts aforesaid all such costs, charges, damages, and expenses which they or any of them shall bear, pay, sustain, or be put unto, in the execution and performance of the trusts herein reposed in them. I make the above provision for my sister and her children, in consequence of my dear wife Lady Byron and any children I may have being otherwise amply provided for; and, lastly, I do revoke all former wills by me at any time heretofore made, and do declare this only to be my last will and testament. In witness whereof, I have to this my last will, contained in three sheets of paper, set my hand to the first two sheets thereof,
and to this third and last sheet my hand and seal this 29th day of July, in the year of our Lord 1815. BYRON (L. S.)
Signed, sealed, published and declared by the said Lord Byron, the testator, as and for his last will and testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have hereto subscribed our names as witnesses. THOMAS JONES MAWSE, EDMUND GRIFFIN, FREDERICK JERVIS,
Clerks to Mr Hanson, Chancery-lane.
CODICIL.-This is a Codicil to the last will and testament of me, the Right Honourable George Gordon, Lord Byron. I give and bequeath unto Allegra Biron, an infant of about twenty months old, by me brought up, and now residing at Venice, the sum of five thousand pounds, which I direct the executors of my said will to pay to her on her attaining the age of twenty-one years, or on the day! of her marriage, on condition that she does not marry with a native of Great Britain, which shall first happen. And I direct my said executors, as soon as conveniently may be after my decease, to invest the said sum of five thousand pounds upon government or real security, and to pay and apply the annual income thereof in or towards the maintenance and education of the said Allegra Biron, until she attains her said age of twenty-one years, or shall be married as aforesaid; but in case she shall die before attaining the said age and without having been married, then I direct the said sum of five thousand pounds to become part of the residue of my personal estate, and in all other respects I do confirm. my said will, and declare this to be a codicil thereto. In witness whereof, I have hereunto set my hand and seal, at Venice, this 17th day of November, in the year of our Lord 1818.