WILL OF THE LATE DR. DAVID JAYNE. I, David Jatnk, M. D., of the City of Philadelphia, and State of Pennsylvania, being of sound and disposing mind and me mory, and in the enjoyment of all my mental faculties, and in reasonably good health, but taking into consideration the absolute cer tainty of death, do make and publish this, my last will and testament, hereby revoking all former wills heretofore made by me. 1st. I direct my body to be decently and properly interred in the lot recently pur chased by me, in the Woodlands Cemetery, lctwecn the graves of my two deceased wives. This also my will that the said lot shall bo used as a burial place for my family and their descendants. This further my will, tfiat in case David Walker's children desire to do so, they may remove the remains of their mother to my lot or lots within the Monument Cemetery, and use the same for them as a burial place for them and their descendants ; which latter privilege I also give to my brother-in-law, Thomas B." Bcardslec, and his family. Item I direct my executors to procure for each of my children, unless I shall supply them with the same during my life, a painted photograph likeness of myself, together with a bust, similar to the one in my parlor, with a pedestal for each. Item I authorize and direct my executors to purchase a good gold watch for each of my sons, Henry Le Barr Jayne and Horace Jayne, as soon as they arrive at a suitable age to use them, and also to purchase one for my daughter Bertha. I also give and be queath to my son, De Witt Jayne, my gold headed cane, and one of the large portraits of myself. All my clothing I bequeath to my brother, William Jayne, and in case ho bo deceased, to my brother-in-law, Thomas B. Beardslec. Item I direct my executors to divide all the jewelry which belonged to my second wife, Mary, among her four children. Item To my daughter, Mary )e Witt Eshelman, I give and bequeath my old family Bible, which was formerly her mother's ; also a sweet gum knit box, made by Thomas Watson, her mother's uncle. I also give to my grandson, David Jayne, my gold watch, marked with my name ; and I also direct my executors to purchase a good gold watch for each of my grandchildren, Barry Jayne, and Hannah and Mary Eshelman, when they ar rive at a suitable age to use them. Item All the rest, residue and remainder of my estate, real, personal or mixed, of whatever kind, and wherever situated, except such as I may herein hereafter otherwise dis pose of, I give, bequeath and devise unto my executors hereinafter named, and the survivor and survivors of them, and the heirs and as signees of the survivor of them, m trust for and during the natural lives of my children, Mary De Witt Eshelman, Matilda Walker J ayne, Hannah ' Sheppard Jayne, Laura J ayne, De Witt Jayne, Henry Le Barr Jayne, Horace Jayne and Bertha Jayne, and of my grandchildren, David Jayne, Harry Jayne, Hannah Eshelman and Mary Eshelman, and the life of the survivors and survivor of my said grandchildren, upon and for the uses and purposes and trusts following, that is to say, that they, my said executors, shall as soon as convenient after my decease, convert my personal estate not herein otherwise dis posed of, into money, and with the proceeds thereof, and the income arising from my real estate, or any other source, pay all my just debts and funeral expenses, and pay or ex tinguish all mortgages and ground rents (when the latter are redeemable) which are liens on my real estate ; and in case of my death before my new house at the corner of Nineteenth and Chestnut streets is completed, then upon the further trust to finish the said house and improve the grounds according to the plans and designs as furnished by my architect, John McArthur, Jr. It is also my intention, in connection with the said house, to buy or build a stable and carriage house in some convenient locality. If I should not live to do this, I authorize and empower my executors to buy a suitable building for the purposes aforesaid ; or if that is not practicable, then to purchase a lot, and erect thereon a stable large enough to hold six horses, with carriage room sufficient for four two-horse carriages; said property, when purchased, to be held by my executors under the trusts in my will. I also direct my exe cutors, in case of my death before the said house is completed, to furnish the same, when done, in a suitable manner, under the advice and direction of my wife and daugh ters, at an expense not exceeding $15,000, using as far as practicable the furniture in my present residence in Third street, the balance thoreof to be sold. And upon the further trust that my said executors shall permit and allow my family to use and oc cupy the house wherein I now reside (in case of my death before the said new house is completed), and after that, then the said new house at Nineteenth and Chestnut streets, with the furniture, library, stabling, car riages and horses, under the following regu lations, viz : One member of my family shall be tho head thereof ; so long as my wife re mains my widow, this my wish that she reside in the said house as the head thereof. In case of her death or marriage, then my eldest unmarried daughter living at that time shall take charge of said house until her death or marriage (should the said house be kept open so long) and so on with my other un married daughters in the order of their age. Provided that in case of the death or mar riage of my said wife, that then in case my said son De Witt shall be of age, of good moral character, and in the opinion of my executors a suitable person for such position, he shall have the charge of tho said house as the head thereof, subject to be removed by my executors in favor of one of his sisters, or one of his brothers if old enough, in case he, the said De Witt, should form bad habits; and provided further, that no son-in-law I may have shall be pliced at the head of the said establishment, unless with the consent of all my children of full age, and the ap proval of my executors. The said house is intpnded as a home for all my children, and for such of my grandchildren as see proper to reside there, where they can all have one home, one board, and be to all intents one family, and I should be glad if my fanny should arrange it so as to have frequent re fhfi different branches thereof. UillUalD w- c I have every confidence that my wife will make the said house a pleasant home for all r.mw rhildren. and equal confidence that my said children will do all in their power to promote mutual harmony and good fcel- THE DAILY EVENING TELEGRAPH. PHILADELPHIA, SATURDAY, ing. The carriages and horses shall be kept for the use of the family : and my executors arc directed to keep the property in repair, and to renew the furniture, carriages and horses from time to time as the same may be needed. It is further my will that no intoxi cating drinks shall be kept in the house, ex cept for medicinal or culinary purposes ; and that none of my wife's family shall make it a permanent residence. And for the purpose of keeping up said establishment, I direct my executors to pay the expenses thereof, the sum not to exceed tho sum of $10,000 per annum. This sum is intended strictly for the expenses of the house, servants and stables, and not for the clothing or personal expenses of any of my family, which are provided for elsewhere in my will. No charge for board shall be made for any person en titled to reside in said house. The said house shall be kept up in the manner aforesaid until such time as by the death or marriage of my children, or the greater portion thereof, my executors shall consider it to the best interest of all concerned to close the said house ; and provided further, that if tho ar rangement of keeping up the said house as a home for my family shall not be found in the opinion of my executors to answer my hopes and expectations of having a happy and united f amily, or if it should be the means of engendering bad feelings or jealousies among the members of my family, that in either of said cases my said executors shall close the said house, and that whenever they shal close it under tho powers of this will, that then, and in such event, that this my will that they sell off all my furniture, library, paintings, silver, horses,, carnages, &c, at auction, and shall also sell the said house and stable at either public or private sale, and execute and deliver a good and sufficient deed or deeds for the purchaser or purchasers thereof in fee simple, or upon ground rent, tho proceeds thereof to be held by my said executors under the remaining trusts in the will. Provided that no such purchaser or purchasers shall be bound to sec to the ap plication of the purchase money, and upon the further trust that my said executors shall as soon as practicable after my decease, if I should not do so in my life time, build up and improve my property at Vine street wharf, by erecting thereon a substantial plain building or buildings, suitable for a hotel or stores, or both, as in their judgment may be most beneficial to my estate. The plan and details I leave to their discretion, and upon the further trust that my said executors shall, after the payment of all my debts as afore said, and after my new house is finished and paid for, and after the Vine street wharf is improved, and stable built as aforesaid, set aside thirty-three and one-third per cent, of the clear annual income of my estate, and invest the same securely in the public debt or bonds of the United States, of the Stato of Pennsylvania, of the City of Philadelphia, or of the State or City of New York, or upon first mortgages upon improved real estate in the city, taking care in the latter case to have a good Jmargin, and keep the same and the proceeds thereof so invested until they are enabled to raise a sum not exceeding $400, 000, which in their judgment shall bo suffi cient to meet any demands upon my estate, arising from either of the following causes : 1st. The payment to certain of my chil dren, upon their marriage, of the sums as is hereinafter directed, to be paid them re spectively. 2d. The purchase of the shares or interest of Eben C. Jayne and John R. Walker, in the firm of Dr. D. Jayne & Son, should the same become necessary under the subsequent provisions of my will, and finally from loss to my estate by reason of lire or other de struction of any of my buildings. When the aforesaid sums is raised, then my said exe cutors shall Keep the same so invested for the purpose aforesaid, but shall distribute the income thereof annually with the other income ol my estate ; it not being my purpose to direct accumulation beyond the raising of a moderate sum to provide against contin gencies. This plan will give my children a small income for a few years, but in the end will beneht them by preventing a reduction in their income herealtcr, m case of the han- pening of any of the contingencies aforesaid, and upon the turthcr trust to pay to mv niece Mary Jane Bastede, and to my sisters- in-law, Margaret and Jmily Walker, each the sum of $200 ; and to my wife's nieces, Annie J: ort, Mary tomith and Mary Elizabeth Cunningham, each the sum of $200 ; each to be paid within one year after my death. Aim upon tne lunner trust to pay to my niece Catharine Ireland, daughter of my de ceased sister, Elizabeth Morslander, to my nieces Mary Jane Evans, Cornelia Davis and Julia Walker, daughters of my late sister oaran r. ueardsiee, and to my sister-in-law Mary Cunningham, I direct my executors to pay each respectively the sum of $100 per annum during their several respective natural lives, said payments to be made quarterly. T i i nr:n: t i T- . - j.u wy vruuicr t miam oayne i uirect my executors to pay the sum of $300 per annum during his natural life. And unon the fur ther trust that they, my said executors, shall pay to my daughter, Mary De Witt Eshel man, and to my late son David's widow, Ellen Jayne, for the support of themselves and families, the sum of $3,000 per annum, in monthly payments, to commence at my death, and continue until such time as my executors shall, under the direction herein after contained, commence raising and set ting aside the taid sum of 3400.000, when other provision will be made for them by this will, and in case of the death of my said daughter-in-law Ellen, leaving a child or children, then such child or children shall receive the said annual sum of 3,000, to be divided among them share and share alike, if more than one, for such time as such de ceased parent shall be entitled to receive it ; and in case of the death of my said daughter Mary, then the sum of $3,000 shall be paid to my son-in-law Isaac S. Eshelman, if he be living, for the support of his children by my said daughter lor such time as my said daughter would have been entitled to receive it. And upon the further trust to pay to each of my daughters, Matilda, Hannah "and Laura, without the intervention of a guardian if they or any of them should be minors, the sum of $1,500 per annum, in monthly pay ments, for their clothing and personal ex penses, and from and immediately after the marriage of my said last named daughters, my executors shall pay to them respectively tho same income as my said daughter Mary is entitled to receive under my will. And upon the further trust to pay to each of my said daughters Matilda, Hannah and Laura, to each of my sons Do Witt, Henry Le Barr and -Horace, and to my daughter Berths, the sum of $35,000 upon their marriages respec tively. The said sura to be applied, however, under the directions of my executors in the purchase of a dwelling-house and furnishing the same, and not otherwise ; provided tnat none of my sons who may under the provi sions of this will become the owners of an interest in the shares of business of tho firm s of business of tho firm I Sons, and the business 1 the said sum of $35,000, ff same, hi I consider that J of Dr. D. Jayne & thereof shall receive the or tho benefit of the a full equivalent ; and, therefore, my late son David, and my daughter Mary, and their fa milies have received dunnpr my lifetime in connection with a devise of a house under my will which is equivalent to the foregoing. And upon the further trust to pay to my wile Hannah Jayne, so long as she remains my widow, the sum of $3,000 per annum, in quarterly payments, in accordance with the terms of a certain contract made between the said Hannah and myself, in contemplation of marriage, bearing date the 14th of October, Anno Domini 1856, the said sum of $3,000 per annum is intended to cover the annuity in said contract mentioned, and not to be in addition to it. I consider $3,000 a year suf ficient for my said wife, particularly as she is provided with a comfortable home so long as she shall remain my widow, by the pro visions of my will, which is over and above what she is entitled to receive by said mar riage contract. And upon the further trust bat when my debts are paid, my house finished and furnished, the wharf property improved, and stable built as hereinbefore mentioned, that my said executors shall, afte setting aside the one-third clear annual in come of my estate for the purpose of raising the aforesaid sum of $400,000, divide the re maining two-thirds part of the said clear an nual income of my estate not herein otherwise disposed of, after deducting all proper costs and charges and the expenses of the trust, annually into as many equal shares or parts as I have children living at that time, or the issue of a deceased child or children, such issue representing his or their parent's share, one third of which equal shares or parts my said executors shall pay to each of my chil dren before named, or hereafter to be born, during the full end and term of their and each of their respective natural lives. Pro vided, however, that if at the time of my death any of my children shall be minors, that in such event my said executors shall, during the minority of such minor or minors, invest his or her or their share in the clear annual income of my estate, not needed for his, her or their maintenance and support annually, and so much oftener as may be necessary, in the public debt or loan of the United States, of the State of Pennsylvania, of the City of Philadelphia, or of the State or City ol New York, or in first mortgages on improved city property, with a good mar gin, and to keep the same so invested until such minor or minors shall respectively ar rive at the age of 21 years, when the sum shall be paid over to him or them respectively, and another of which said shares my said executors shall pay to David J ayne and Harry Jayne, children of my late eon David W. Jayne, share and share alike, during the full end and term of their and each of their re spective natural lives. And in case of the death of either, leaving lawful issue, such issue shall take the deceased parent's share of such income ; in case of the death of either without such issue, the survivor shall take the whole ; and in case of the death of both without issue, then the said share of the said annual income shall revert to my estate under the trusts in this will. And it is my further will that in case of the death of either of my said children leaving lawful issue, and when ever and so often as the same may happen, such issue shall be entitled to receive the share or annual income such deceased parent would have been entitled to until the death of the survivor of my said children, and in case of the death of any of my said children without leaving any child or lawful issue living at the time of such decease, or born in the usual period of gestation thereafter, the share or annual income of such deceased child or children shall be divided among my surviving children, and the descendants of such as may be deceased, share and share alike, the latter taking equally their de ceased parent's shares until the death of the survivor of my said children. Then it is my will that if my four grandchildren herein before named, or either of them are living, that my said executors shall continue to pay the said parts of the said two-thirds of the clear annual income of my estate to the lineal descendants of my said children, in the man ner aforesaid, for and during the life of my lour grandchildren hereinbefore named, and the life of the survivor of them ; provided, however, and this further my will, that as soon as my said executors shall have raised ano invested the said sum of $400,000, or so much thereof as they may consider necessary to cover the contingencies referred to in my will, that thenceforward my said executors shall distribute the whole ol the clear annual income of my said estate not herein otherwise disposed of, instead of the two-thirds part thereoi, to and among the said persons to whom 1 have given the said two-thirds part. in the same proportions and subject to the same restrictions as are herein set forth m regard to the said two-thirds part of the said clear annual income, that is to say, after the arrival of the period referred to, the persons who have been receiving the two-thirds of the clear annual income, shall get the whole; provided, however, that it is my will that in case ol my having a cniid or children here alter born, the said child or children shall take under this will the same shares respec tively that 1 have herein given to each of my other minor children, as though such child or children, if any hereafter to be born were now living and named herein, and after the death of the survivor of my said children before named. And the death of the sur vivor of my said grandchildren before named, it is my will that the whole of my estate, real and personal, and mixed, in the hands of my executors at that time, less proper costs and charges, and the expenses of the trust, shall be distributed to and among, and 1 hereby give, bequeath and devise the same to my grandchildren and great grandchildren, and the issue of any such as are deceased, living at the time of the decease of the survivor of said named children or grandchildren, in the same shares or parts as they would have taken under and by the intestate laws in force in the State of Pennsylvania at the present time.such issue taking equally the share their parent's would have taken, yet not as by descent, but as by purchase under the limitations of my will and on failure of such lineal descen dant then I give and bequeath and devise the same real and personal estate to such persons as would be my collateral kindred in such shares as they would take under the said intcstato laws as purchasers, and not by descent. The personal estate to be paid over by my executors to such persons as may be entitled in accordance with the foregoing, and the real estate to be held by such per sons as shall be entitled to the same in fee simple, as tenants in -common, according to their respective interest, until thev shall hi proper to make partition among themselves oi me same, ii is lurthcr my will, and 1 hereby direct that all sums of money di rected to be paid by my executors to my said children, shall be paid to such children respectively for their and each of their sole and seperate use, and the receipts of such children respectively, when of full age, shall be taken by executors for any such payments to him, or her, or them respectively and such receipt or receipts, notwithstanding the coverture, present or future of any such children, shall be a valid voucher for any such payments by said executors, but not the receipts of any other person or persons for them or for any of them. Provided, also, that the foregoing provisions shall extend with equal force to all payments, if any, here after to bo made to any of my grandchil dren under this will. And upon the further trust to pay to my daughter-in-law, EllenS. Jayne, the sum of $1,800 per year during the full end and term ot her natural lue, the payment of said annuity, however, not to commence until my executors commence to distribute the two-thirds partot the clear an nual income of my estate among my children, at which time it will be remembered the pay ment to her of $3,000 per year ceases, and her and David's children get their propor tion of said two-thirds of the income. I make this provision to render my said daugh ter-in-law, to a certain extent, independent ot the children, and upon the further trust that my said executors shall provide for the cloth ing, education and personal expenses of my daughter Mary's children and of my son David's children, alter they arrive respec tively at the age of fifteen years, the amount not to exceed the sum of $500 each. My executors shall also provide for the clothing, education and personal expenses of my son De Witt and his younger brothers and sisters. The amount to be expended for each of the latter 1 leave to the discretion of my said ex ecutors, and which payments and expendi tures for my children and grandchildren shall be considered as part of the expenses of my estate until such time as my executors commence to pay the two-thirds of the clear annual income among my children, when they shall charge the personal expenses of each of the said children or grandchildren against his or her share of the income. If my daughter Mary be living at that time she will receive her share of the said two-thirds of the said income, and will pay the said per sonal expenses for her children out of her own income. It is my desire that my said minor cluldren shall be brought up regularly and in the faith of the Baptist denomination until they are old enough to chose a religious faith for themselves, and that they shall be liberally educated. That if my sons Henry Le Barr and Horace Jaynes' health warrant it, they shall each have a collegiate and such further education as may be necessary to qualify them for any occupation or profession they may desire to adopt. It is further my will that my executors shall charge the cost of keeping up the house and stables at Nine teenth and Chestnut streets, or in Third street if I have not removed to the new house at the time of my death, as a part of the ex penses of my estate, and this not to be charged against either of my family who may happen to reside and have a home in said house. Item 1 give, bequeath and devise my house and lot, at the corner of Broad and Chard avenue, now occupied by my son-in-law, Isaac E. Eshelman, to my daughter Mary De Witt Eshelman, for and during th full end and term of her natural life, and from and immediately after her death then to such of her children as may be living at that time and the issue of any deceased child or children in fee, subject, however, to a life estate to the said Isaac S. Eshelman, if he be living at that time. I give, bequeath and de vise my house and lot, No. 931 Broad street, two doors below the last mentioned house, (being the one where my son David resided at the time of his death), to my daughter-in-law Ellen F. Jayne, for and during the full end and term of her natural life, and from and immediately after her death then to my grandsons, David Jayne and Harry Jayne, in fee. If either of them be deceased at that time without issue, then to the survivor in fee. If both shall be deceased without issue, then the said house shall revert to my estate, and be sold by my executors at either public or private sale, at such time as they may think it of interest to my estate, and the proceeds thereof shall be held by my execu tors under the trusts in my will. I direct my executors not to bring any claim against William or David Morslander, or against Theodore or Anna Beardslee, or Martha Bryan, (late Martha Smith), for any indebtedness they may be under to me at the time of my death. Item Whereas, in the year 1855, 1 formed a copartnership with my late son, David W. Jayne, and my nephew, Eben C. Jayne, and have since, by force and virtue of tho power and authority expressed and reserved in the agreement of copartnership, (which said agreement bears date the loth of February, 1855), taken and admitted my brother-in-law, John 11. Walker, into the said firm, whereby the capital stock and business of the said lirm were divided into 21 shares, of which I retained 10 shares, and the remaining 11 shares were divided as follows: David W? Jayne having five shares, Eben C. Jayne threee shares, and John R. Walker three shares ; and, whereas, I became the pur chaser of my son David's interest prior to his death, whereby I am now the owner of 15 of said shares ; and, whereas, it is provided in by the said articles of copartnership that the said firm, if so directed by me in and by my last will and testament, carry on the bu siness they are now engaged in for tho use and benefit of my estate, or for such uses and purposes as I may by the said last will and testament appoint. It is my will and in pursance of the powers contained in the said articles of copartnership, hereby direct that tho surviving partners of said firm shall con tinue to carry on the business for ten years after my decease for the use and benefit of MARCH 2, 18G7. tny estate, and shall pny over the cloar an nual income from said 15 shares to my execu tors, such income when received by execu tors to be held bv them under the trust in my will, and at the expiration of the said period of ten years, if any of my sons or my said grandsons, David and Harry Jayne, are sua minors, it is my desire and .request that tne said KbenU. Jayne and JolinK. V alker, if both be living, and if only one of them be living, then the survivor shall still continue the business with tho aid of my executors until ench time as my youngest son living at that time shall arrive at full age of 21 years ; and also until my grandsons David and uarry jayne, it living, shall -be of lull age, in order to nfi'ord each of my said sons and said grandsons an opportunity of be coming partners in said firm, should they so desire it under the restrictions hereinafter named, and in order the more clfectually to enable my said executors to carry out my wihiio. in vnis respect, i autnonzo tnem in case of the death of the said Eben C. Jayne or John It. Walker, or in case they or either of them decline to carry on the said business after my death, or become incapable from any cause irom aoing so, to purchase tho shares of the said Ebeu or the said John, or either of the m in the said business, the same to be valued and paid for in accordance with tho articles ot copartnership of said firm and the supplements therein. And in the case of purchase by my executors by reason of the death or otherwise, of the interest of one of said partners, then my executors shall carry on the business in connection with the other partner until my youngest son living, and my said grandsons, if living, shall arrive at full age ; and it my said executors shall purchase the shares or interest of both of tho said part ners, then it is my will that my said execu tors shall continue the business until the period referred to. It is my will that as my said sons Do Witt, and Harry Le Barr, and Horace Javne. and mv said Grandsons. David and llarry Jayne, shall respectively arrive at 21 years ot age, they shall in the order of age, be admitted into and become members of the said firm ; provided they., so de sire it, and providcel, also, that my said executors shall bo satisfied that they arc respectively of good moral character and qualified and willing to make active and useful working members of said firm, and subject to the restrictions aforesaid, and to the approval ol atoresaid executors 1 cive and bequeath 14 of my said 15 shares in the said firm to and among them as follows : To De Witt, 4 shares ; To Le Barr and Horace, each 2i shares: and to David and Iiarry, each 2i shares ; and in case of the death ol cither ol my said sons or grand sons before arriving at lull age, or in case of cither of them declining to enter said hrm, or in case of my executors refusing to admit either of them tor the cause bclore men tioncd, then the shares of such child or grandchild so dying or declining, or pre vented as atoresaid by my executors, shal remain to my estate, to be disposed of as is hereinafter directed ; and in case my said ex ecutors shall purchase the shares of John R. Walker and Eben C. Jayne, or either of them, as aforesaid, and my sons and grand' sons, as aforesaid, or a portion of them, shall become members of said firm, or shall desire to form a new firm in lieu thereof, then and in such case I authorize my said executors to sell them the said shares so purchased or held by my executors under my will, at the same price or rate as they paid for the shares of tho said Jiiben V. Jayne or John li. W alker Any of such sale or sales may be upon credit, with an agreement on the part of the firm to pay a certain portion of the gross re ceipts to my executors, until the whole pur chase money shall be liquidated ; and in case any of the said shares remain m my estate unsold, then my executors shall hold the same, and apply tho income thereof, under the trusts in my will, until such time as they can dispose ol the same, or the said firm shall be wound up: 1'rovided, how ever, (and this my express will,) that if my executors shall at any time be of opinion that it is impracticable to carry out tho aforesaid provisions of my will in regard to the continuance of said business, or that it kwill entail risk or loss to my estate, then I authorize them to close the business at tho expiration of the period fixed in such articles of copartnership, or sooner, with the con sent of the other parties : and they are au thorized to closej.it in the usual way by winding it up, or they may do so by selling out the entire interest of my estate therein to any individual, or firm, or corporation, for such price or sum as they may be able to ob tain, and upon such terms as to times and modes of payment as my said executors may consider most to the interest of my estate, the proceeds of such closing up or of such sale or sales to be held by my executors under the remaining trusts ol this will ; and as to the remaining share (one) in said firm, I beniuath the income thereof to Wesley Stretch, now a clerk with the said firm, for such time, anr- fco longer, as he shall re main with saiMirm, and give the business his undivided attention, and perform all his duties in a satisfactory manner to my execu tors. It is not my expectation or desire that all my said sons and grandsons shall enter into the said firm. I consider three of them enough to do so, but I do not prohibit any of them ; but at this time it is impossible f or me to say which of them may desire, be Qualified, or live to do so. I therefoie give my executors a discretion as to which of them to admit ; Dut i aiso aumonze my said executors to distribute all of the said 14 shares among such as they do admit into the said firm. 1 think it desirable that those of my said sons and grandsons who desire to enter the said firm shall enter the store as clerks about three years before they arrive at full age. 1 also authorize and empower my said executors, whenever in their discre tion it shall be to the benefit of my estate, to sell and convey my real estate in Court alley, below Brown street, and east of Front street, and also my real estate situated on the east side of Front street, below Reed street, my dwelling house on Third street above Spruce, my lot at Eighteenth and Rit tenhouse streets, and also my lot at the northwest corner of Twenty-second and Chestnut streets. The last two named lots were purchased by me in order to secure a lot whereon to erect a Baptist meeting house, which it is contemplated erecting in the west ern part of the city. If I should die before the project is carried out, I authorize my said executors to convey either of the above two lots to the trustees of said church, upon the payment of original costs, interest, and all expenses. The other lot they will tho sell as above directed, and if the church de clines them both, they aro both to be soil. 1, have made a subscription oi tfu.wu in wards the erection of the meeting house ( aforesaid. If they proceed to build it, lujr, executors are directed to pay this subscript . tion as tho work progresses. The said salcf 'y of tho said properties above referred to may. , be either at privato or at public sale, as may be deemed expedient by my executors, kai ' 1 may be made upon such terms as regards th times and modes of payment, as they may, ' deem judicious ; and whenever any such Salo or sales shall be made, my said executor , shall execute and delivor proper doid or deeds in fee simple, upon ground rent, t4 the purchaser or purchasers thereof. The pre- : ceods of any such sale or sales shall be ajH plicd by my said executors to the payment of my debts, if made before my debU ore . . - A ? 1 . T,l ... . paid as mentioned in my saw wui, ana in . balance, if any, of such purchase money re maining, shall bo invested by my executor under and subject to tne trusts containc and expressed in my will. Item I further authorize my said execu tors to select a room in tho second story of , the Commonwealth Building, Chestnut street above Sixth, and to furnish and use tho sams as an office or offices for the transaction of the business of their trust. If said building ur occupied,thcn they may select a room or rooms elsewhere, in some of my other buildings. , Item In case any of my executors here inafter named shall refuse or decline to act as trustee aforesaid, or dio, or become inca pable of so acting from age, infirmity, r lrom any cause whatsoever, men it is my will that all the authorities, estates, powers. and rights confirmed upon them by virtue of this will, shall rest on the surviving executor or executors as trustee or trustees aforesaid. in as full and ample a manner as if such ex ecutor so refusing or declining to act, or dying, or becoming incapable of acting, hhi never been named therein ; and further, i case any of my said executors declining ec refusing to act, dying, or becoming incapable of acting, as atoresaid, and so oiten as the same may happen, I hereby authorize and empower me surviving executors or execu tor to apply by petition to the Orphana Court for the appointment of another trustee or trustees in his or their place or stead, and to nominate such trustee or trustees by the. consent, in writing, ol such ol my childrc as are of lull ago ; and immediately upon the appointment ot such trustee or trustees, m the manner aforesaid, then all tho authori ties, powers, estates and rights herein con ferred upon my executors hereinafter namod as trustees under the will, shall rest in suck newly appointed trustee or trustees as fully and amply as if he or they had been origi nally appointed executor or executors By rne, and named as such in this, my last will and testament. And for the purpose of car rying out the object of this trust, I hereby authorize and empower my said executors to lease my said real estate, and to receive the rents, issues, and profits thereof, and to make such repairs and alterations from time, w uuie w uijr uuuuiuga us may do necessary for my property. I desire my executors to keep iho buildings insured in such offices aa they have confidence in, and which will in sure without charging exorbitant rates, to such an amount as may bo necessary to pro tect the property from any probable loss by fire. I wish my executors to exercise their best judgment and discretion in this matter ; and in case of the destruction of any of my buildings by fire, I authorize and empower my executors to rebuild the same as near the original plan as possible, or in such man ner as may most conduco to the benefit of my estate. But in case my executors, in so rebuilding, desire to change tho plan of tho building in any material point, I authorize them to do so, but only on the condition that they obtain the consent of the Orphans' Court of Philadelphia to such proposeef alter ation. And in case of the destruction of any of my buildings, by fire or otherwise, before my executors have accumulated a suf ficient fund to rebuild them, I authorize and empower them to mortgage any of the said real estate for such sum or sums of money as may be necessary for such purpose, which said mortgage or mortgages shall be liqui dated as soon thereafter as practicable ; pro vided, that such mortgage or mortgages shall be given only with tho approbation of the Orphans' Court aforesaid, but no such mort gagee or mortgagees shall be bound to" look to the application of the money so loaned by him or them ; and provided further, that my executors shall not mortgage any of the said real estate for any other purpose whatsoever. Item It is further my will that whenever by the provisions of my said will any of mr grandchildren or other descendants shall be entitled to receive a share or portion of the income of my said estate, or any payment or sum of money under my will, and shall be of full age, that in every such case ray said, executors shall invest the sum or sums belong ing or coming to any such minor or minors from time to time as the same may accrue, in the same securities that I have directed them to invest the money of my minor children in, and shall pay the same to them, with the ac cumulations thereof, upon their respectively arriving of full age, less any sum expended by the said executors in the support, mainte nance, and education of said minors. Lastly I nominate, constitute, and ap point my friends, the Rev. J. Wheatoa Smith. Charles II. Rodgers, Edward M. Pax son, Henry Lewis, and John M. Whital, to be the executors and trustees of, this my last will and testament, and I also constitute and appoint them, and the survivors of them, the guardians of the persons and estate of all my minor children, and of suck of my grandchildren a3 may be minor's, so far as they take any estate under this will. In witness whereof, I, David Jayne, tho testator, have to this, my last will and testa ment, (written on 32 pages,) set my hand and seat to the end thereof, and have set my hand to each preceding page of the same, this 19th day of July, in the year of our Lord, X8C4. David Jatnk. Signed, scaled, published, and declared! by the above named David Jayne as for hia last will and testament, in the presence of us, who have hereunto subscribed our names ad witnesses thereto, in tho presence f said tes- mioi aiiu ui cacn ower. . ... John S. Ya&blet, Alex. Thackara. Edward TiLBcar Jqsm- 1
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