residuary personal estate, Upon the trusts, &c. [as if the same had arisen under the power of sale of the real estate, supra, p. 441. Power to postpone conversion of personal estate, and direction as to intermediate income, p. 442. Clause supplemental to statutory provisions as to appointment of and indemnity to trustees, p. 443 (a). Devise of trust and mortgage estates, p. 58. Appointment of executors, p. 61]. IN WITNESS, &c. PRECEDENT WILL DEVISING IN STRICT WITH LIMITA TIONS TO DAUGHTERS AS TENANTS IN COMMON IN TAIL. XXIV. WILL of REAL and PERSONAL estate. DIRECTION that the testator's ESTABLISHMENT shall be kept up for one year for the benefit of his wife. BEQUEST of READY MONEY for the payment of debts, &c. DEVISE of CERTAIN REAL estate to trustees for a TERM of years, and subject thereto to several SUCCESSIVE TENANTS for LIFE, with remainders to their SONS and their DAUGHTERS SUCCESSIVELY IN TAIL. TRUSTS of the term to permit such of certain FEMALES as shall for the time being be living and UNMARRIED to OCCUPY a HOUSE belonging to the testator-to pay an ANNUITY to the testator's WIFE, and an ANNUITY to the before-mentioned UNMARRIED FEMALES, and to pay the LEGACY DUTY on the last-mentioned annuity-and to pay the INTEREST on the testator's DEBTS carrying interest. SPECIAL NAME and ARMS clause and clause of FOR (a) The clause referred to may be used without alteration, although in this will there are several sets of trustees. As to the substitution of this clause for the full trustee clause, see supra, p. 55, note (b), and the references therein; and see supra, p. 446, note. For a form of the trustee clauses adapted to several sets of trustees, see ante, Vol. i., 4th ed., p. 467. PRECEDENT WILL DEVISING AND OTHER LAND BUILDING PURPOSES. PRECEDENT XXIV. WILL DEVISING SETTLEMENT FEITURE for NON-RESIDENCE in the mansion-house. TENANTS for LIFE to KEEP the property in GOOD ORDER and NOT to FELL TIMBER except in certain cases. DEVISE of OTHER REAL estate in trust for SALE, with various SPECIAL POWERS and DIRECTIONS to facilitate selling the same for BUILDING PURPOSES. PURCHASE MONEY to be applied in aid of the money before bequeathed for payment of debts, &c., and in exoneration of the general personal estate. POWER to raise money by MORTGAGE. SURPLUS MONEY to be laid out in the purchase of LANDS to be settled. RENTS and profits till sale of the lands to be sold to go as those of the lands to be purchased and settled. POWER to SELL in consideration of FEE-FARM RENTS reserved. SPECIAL TRUSTS of personal chattels directed to go as HEIR-LOOMS. GENERAL BEQUEST of PERSONAL estate to the first tenant for life of the settled estates (a). I, A. B. of, &c. [supra, p. 26. Bequest of legacy to 1. Specific legacy wife.] I ALSO BEQUEATH to my said wife such one of my to testator's wife. 2. Direction that testator's wife shall have the enjoyment of the mansion house and home farm for one year from the testator's death, and that all expenses during that time shall be paid out of the general estate. carriages, and such one pair of my carriage horses with harness for the same, as she may choose for her own use and benefit. AND I HEREBY direct that my said wife shall have the free use and enjoyment of my mansion. house of, and of the gardens, pleasure grounds, coach-houses, stables, and other appurtenances thereunto belonging, and of the home farm now in my occupation, with the appurtenances, and of all the plate, linen, china, books, furniture, wine, stores, household goods, carts, carriages, horses, cows, farming and other implements, and live and dead stock, which shall be in or about my said mansion house and farm at the time of my death (a) It will be seen that in this Precedent the will is so framed as o vest all the trusts in one set of trustees; see supra, p. 458, note (b). PRECEDENT WILL DEVISING AND OTHER LAND BUILDING (except my racing stud and such farming produce as may be prepared for sale) for one year from the time of my death; AND THAT during such year all taxes, rates, charges, assessments, and outgoings payable in respect of the said mansion house and farm, and the wages of all servants employed in or about the said house, gardens, and farm establishment, and all the housekeeping and farming expenses of every kind, shall be paid out of my general personal estate, and that my said wife shall take for her own use the produce of my said farm during the said year. I BEQUEATH all the ready money which at the time of my death shall be in my mansion house at debts, including aforesaid, and all the money which shall be standing mortgage debts 3. Bequest of in trust to pay expenses and on certain estates, and legacies. in my name in my banker's account (b) to my nephew X. Y. his executors and administrators, UPON TRUST, that he or they shall apply the same in or towards payment of my funeral and testamentary expenses and debts (including any debts secured on mortgage of any part of my estates in for payment whereof I direct that such monies shall be the proper and primary fund (c)), and of the said legacy to my said wife and any legacies which I may bequeath by any codicil to this my will; AND SHALL hold 4. General the surplus (if any) which shall remain after answering estate in certain the purposes aforesaid upon the trusts hereinafter declared counties. of the residue of my personal estate. [General devise of testator's "mansion house of situate in the parish of in the city of, with the coach-houses, stables, outbuildings, gardens, pleasure grounds, farms, and lands thereunto belonging or therewith held (or such part or parts thereof as are freehold of inheritance) with their rights, easements, and appurtenances," and other freehold estates in certain counties, see supra, p. 448] (subject as (b) As to what passes by a bequest of "ready money," see supra, p. 99, note (b). (c) See p. 249, note (m), supra. devise of real PRECEDENT XXIV. WILL DEVISING AND OTHER LAND BUILDING PURPOSES. 5. To the use of trustees for 500 years. to the said mansion house, home farm, and their respective appurtenances, to the direction herein before contained for the enjoyment thereof by my said wife for one year from my death), To THE USE of E. F. of &c., G. H. TO BE SOLD FOR of &c. and I. K. of &c., their executors, administrators, and assigns, for the term of five hundred years, to commence from my death, without impeachment of waste, upon the trusts and with and subject to the powers, provisoes, and declarations hereinafter declared and expressed concerning the same; and from and after the expiration or determination of the same term of five hundred years, and in the meantime subject thereto and to the trusts 6. Remainder to thereof, TO THE USE of my first and other sons successively, according to their respective seniorities, in tail, with remainder To THE USE of my first and other daughters successively, according to their respective seniorities, in tail; and for default of such issue (d), TO THE USE of nephew for life; my said nephew X. Y. and his assigns for his life, without the testator's sons and daughters successively in tail; 7. Remainder to the testator's 8. Remainder impeachment of waste (except as is hereinafter mentioned), and after the decease of the said X. Y., TO THE USE of the first and other sons of the said X. Y. successively, according to their respective seniorities, in tail, with remainder To THE USE of the first and other daughters of the said X. Y. successively, according to their re Will of married testator should provide for issue. (d) When a testator who is married but has no issue makes a will, it will usually be prudent to insert dispositions which will give the property to the testator's children (if any), in priority to the persons who are the objects of his bounty under existing circumstances; as it may be assumed that the testator's children would be preferred, and the birth of a child would not revoke the will. Of course in the case of a testator who has been long married without a family, any elaborate dispositions in favour of children would be inappropriate, and when the will settles real estate, the object of not disinheriting a child, should there be one, will be sufficiently effected by, in the first instance, limiting to children estates in tail in succession, as in the text, or by a simple limitation to the heirs of the testator's body. PRECEDENT WILL DEVISING AND OTHER LAND 9. Remainder spective seniorities, in tail; and for default of such issue, TO THE USE of my niece D. C. and her assigns for her life, without impeachment of waste (except as is hereinafter mentioned), and after the decease of the said D. C. [limitations to the sons and daughters of D. C. successively in tail. Remainder to several other persons, male and female for life, and their sons and daughters in tail, as in the two previous cases]; and for default of such issue, TO THE USE of my kinsman and the heirs of his body, with remainder To THE USE of my own heirs (e). AND I HEREBY DECLARE, that the said hereditaments and premises are hereinbefore limited to the term of the said E. F., G. H., and I. K., their executors, administrators, and assigns, for the said term of five hundred years, at UPON TRUST that as to my house called the in the county of niece for life; 10. Remainder right to a person in tail. 11. Trusts of 500 years; 12. to permit such of now in the occupation of certain females, my aunt, and the gardens, outbuildings, lands, and as shall for the time being be appurtenances held therewith or thereunto belonging, married, to oc house and lands; the said E. F., G. H., and I. K., and the survivors cupy a specified and survivor of them, and the executors or administrators of such survivor, during such time as my said aunt and her six daughters, my cousins, or any of them, shall live without being married, and shall reside in the said house, or make the said house their or her ordinary chief place of residence, shall permit such of them my said aunt and cousins as shall for the time being be living and not married to occupy the said house and premises rent-free, they or she keeping the same in proper order and repair, and adequately insured against loss by fire, and paying all rates and taxes payable in respect thereof (ƒ); AND UPON FURTHER TRUST, that the said trustees (e) As to the ultimate limitation to the testator's right heirs, see p. 390, note (e), supra. (f) See another declaration of trust of this nature, supra, p. 265. |