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her previous will, if she survive her husband,
will revive

The making an advancement to a child subsequent
to the will, is also prima facie revocation of a
legacy, pro tanto

A will executed under a power, need not absolute-
ly recite or refer to the power
Nuncupative wills of property beyond £20, must
be made in presence of three witnesses; and if
it alter or revoke a former will, it must be re-
duced into writing, and read over in his life-
time, in the presence of such witnesses; in other
cases it must be put into writing within six
days after his death

As to the power of a feme covert to make a will,
see article Feme Covert.

Of freehold, copyhold, and leasehold estates, and
also of money in the funds, and other personalty,
adapted to the circumstances of a man of for

vi. 822


vi. 849

vi. 860

vi. 769

Devise of mansion house and furniture to testator's
wife for life

vi. 740

Inventory to be taken of furniture

vi. 741

Devise of freehold and copyhold lands to trustees
for ninety-nine years

vi. 742

Upon trust to secure an annuity to testator's wife
for life in augmentation of jointure

vi. 744

To wife independent of any future husband

Power of distress in default of payment of the an-

nuity for twenty-one days


vi. 746

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Wife may occupy house, &c. for life

vi. 747

vi. 749

vi. 746


Devise after death of wife, to trustees to sell

Demise of all said freehold and copyhold premises,
subject to the term to testator's eldest son for

vi. 750

Or until he incumber

vi. 751

With directions as to heir looms, and that inven-
tories shall be taken thereof

vi. 753

Devise of all said freehold and copy hold estates to

trustees to preserve contingent remainders during
the life of the son

vi. 753

Devise on decease of testator's eldest son, to his first
and other sons in tail male

vi. 754

Remainder to their daughters in tail general
With cross remainders between them in tail
Remainder to testator's right heirs

Proviso that a devisee shall take the name and
arms of the testator

vi. 755


vi. 756


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Power to grant leases

Power to sons to make jointures

vi. 756

vi. 761, 762

One jointure only to be chargeable on the land at

the same time

Power to charge premises with portions

In what proportion maintenance shall be

Devise of leasehold premises for lives and years to


Upon trust out of rents to repair and pay ground


And renew leases

And surrender for that purpose

Upon further trust for testator's son for life

Then to the first son of his body, and his heirs

Remainder to persons entitled to the freeholds

vi. 764



vi. 766

vi. 768



vi. 769



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Lands when sold to be discharged of present trusts vi. 775

And trustees may revoke the same, for the purposes

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where directed, then elsewhere at the discretion
of the trustees

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Until purchase, the money to be invested on good

Receipts of trustees to be good discharges

Purchase money to be applied to make good the
deficiency of personal estate

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Until sale, the same to be considered as personalty vi. 783
Bequest of Bank annuities to trustees

Upon trust for such persons as testator's daughter

shall appoint

In default of appointment to her for life

Whose receipt alone shall be a discharge

Maintenance to be allowed her during her mino-


Upon the decease of the testator's daughter, in trust
for her children as she shall appoint


vi. 784

vi. 785


vi. 786


In default of appointment, amongst them equally vi. 787
To be paid after death of the mother, to sons at


And to daughters at twenty-one or marriage

vi. 788



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Shares appointed to any child exclusively of the
others to be brought into hotch-pot *
Survivorship of original and accrued shares of chil-

vi. 789

vi. 790, 791

Issue of sons and daughters under twenty-one, to

take their parent's shares

vi. 791

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Sums not vesting in children, to sink into, and be
deemed part of testator's personal estate

vi. 794

Power to trustees to change the funds and securi-
ties of the trust-monies

vi. 795

Devise for charitable purposes

vi. 796


Residue of testator's personal estate, bequest of
Upon trust to be laid out in the purchase of land vi. 798
In the mean time to invest the same in the public

And pay the dividends to the persons entitled to
the lands when purchased

A devise to a natural son

Bequest of a sum to trustees, to be invested in
bank annuities

Upon trust for another natural child
Devise of an advowson to trustees

Upon trust to present any younger son in holy or-
ders with such consent as is therein mentioned
And in case none of the sons, on any avoidance,
shall be qualified, then to present any other fit
person during such incapacity

And take bond for resignation

If no son presented, then in trust for the heir at


Devise of an advowson in trust for a term

Devise of lands in mortgage to a testator
Upon trust to reconvey, upon payment of the mort-


vi. 799


vi. 800

vi. 801


vi. 802

vi. 803



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Otherwise such children would be entitled to an equal division

of the residue.

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Allowance of maintenance for an eldest son until
vi. 808
Bequest of residue of personal estates to trustees vi. 809
In trust after payment of debts, legacies, and the
like, to invest the same in the three per cent.

And to lay out the interest in like purchases till
the son attains twenty-one

And then to transfer the same to the son, his exe-
cutors, administrators, or assigns
Acquittance to one executor from the testator of a
debt owing

Power of appointing new trustees under a will

New trustees to have the same power as their prede-

vi. 810


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vi. 811


vi. 812

Trustees to be chargeable with their own receipts

and acts only

vi. 813

Not to be accountable for involuntary losses

vi. 814

Trustees to retain their expences

vi. 815

Executors, appointment of

vi. 816

Of real and personal estates adapted to the situa-

tion of a merchant or trader

vi. 823

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Executors to apply debts and personal estate in pay-
ment of debts and legacies

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And stand possessed of the residue upon the trusts
after mentioned

General devise of real and personal property to


Upon trust to raise a sum sufficient to enable the
wife to carry on the trade

To permit wife to reside in the house
Profits of trade to support wife and children

vi. 825



vi. 826


If wife decline to carry on the business, trustees to
sell the same for the purposes after mentioned vi. 826,

Trustees to sell all other the testator's freehold,
copyhold, leasehold, and other saleable estates
And invest the purchase money in government or
other securities



vi. 828

vi. 829

On such child attaining twenty-one, or marrying,
to pay a portion to him or her

vi. 830

And to pay the dividends to wife for support of
herself and children, until one attains the age of

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If only one child a moiety to be paid to him or her vi. 831
Remaining moiety to wife

Provision for life to be in lieu of dower

After wife's death to such children as she shall ap-

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vi. 832

vi. 833


In default of such appointment, to the children

vi. 834

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Power to change securities

Power of advancement

If no child, in trust for testator's next of kin
Devise of lands contracted for, to trustees
To the intent that wife may receive an annuity
With power of distress

Directions, if land contracted for, not sufficient for
trustees to purchase further lands

Wife's annuity to be in lieu of her marriage join-


Power of appointing new trustees

Trustees may reimburse their expences

vi. 840


vi. 841

vi. 842


vi. 844


vi. 845

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Not to be answerable for each other
Executors and guardians, appointment of
Directions that sons may pursue any or either of the
liberal professions, with allowances in respect

That trustees shall convey and assign to them as
they shall have compleated a certain age
Of a feme covert or other person in pursuance of

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Of a charge upon an estate

Form, where the devise is with the consent of the



vi. 852

Appointment of money in the funds

vi. 855

Form of codicil thereto, and requisites to be ob-
served therein

vi. 860

be observed therein

WILL, NUNCUPATIVE. Forin of and requisites to

WORDS. The word give imports a warranty i. 94. n. 12
The word enfeoff is the technical and operative word
in deeds of feoffment



The word grant is used to pass hereditaments in-
capable of livery


The words bargained and sold, are improper in deeds
of feoffment, and the reason

i. 95

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