TABLE OF CONTENTS.

WILLS.

INTRODUCTORY OBSERVATIONS.

General observations as to wills, 1-Reasons for not annexing

introductory dissertation, 2-Introductory and revocatory

clause-As to providing for payment of debts, 3-Specific

devises and legacies-Pecuniary legacies and annuities,

4-General devise and bequest of real and personal estate,

to be converted into money, 5-Trusts of the money to

arise from such conversion-Powers of leasing the real

estate until sold, and of postponing sale and conversion,

with direction as to intermediate income, 6-As to con-

venience of a general trust for conversion, 7-Power to

trustees to settle questions-As to the receipt and trustee

clauses, 8-Devise of trust and mortgage estates-Ap-

pointment of executors-Appointment of guardians, 9-

Reference to precedents-Devise of real estate in strict

settlement, 10.

STATUTE OF WILLS, 7 Will. 4 & 1 Vict. c. 26; 11-24.

PRECEDENTS.

Will of real and

in trust for

widow and

1. Will of real and personal estate-Bequest of jewels, plate, personal estate

and furniture to the testator's wife-Bequest of a leasehold

house to the wife-Bequest of pecuniary legacies, one children.

being to the wife, and one to the separate use of a woman

-General devise and bequest of real and personal estate

in trust for sale and conversion-The monies arising there-

Will of real and

personal estate,

with trusts for

widow and chil-

dren, and issue

of deceased chil-

dren.

from (after payment of funeral and testamentary expenses,

debts, and legacies) to be invested, and the income paid to

the wife during her widowhood, and subject thereto the

capital to be divided among the testator's issue, as the wife

shall appoint, and in default of appointment among sons

attaining twenty-one, and daughters attaining that age or

marrying, equally-Hotchpot, advancement, and accumu-

lation clauses-Trust in default of children becoming en-

titled for the testator's brothers and sisters and their issue

per stirpes-Power to postpone the sale and conversion of

real and personal estate, and direction as to intermediate

income-Power of leasing for twenty-one years-Power for

trustees to determine subject matter of specific bequests,

apportion funds, and settle questions-Clause supple-

mental to statutory provisions as to appointment of and

indemnity to trustees-Devise of trust and mortgage,

estates-Appointment of executors and guardians 25

2. Will of real and personal estate-Confirmation of the tes-

tator's marriage settlement-Bequest of furniture and

plate in trust for the testator's wife during her widow-

hood, and of personal ornaments, consumable stores, &c.,

to her absolutely-Bequest of legacies to the testator's

children living at his death and attaining twenty-one or

marrying-Bequest of other legacies, with provisions for

investment of legacies to minors, and maintenance and

advancement during the suspense of vesting-Legacy to a

servant free of duty-General devise and bequest of real

and residuary personal estate in trust for conversion, with

power as to the real estate, to sell the surface and mine-

rals separately, and for investment of the proceeds in the

funds or on mortgage-Trusts for payment of the income

to the testator's wife during widowhood, subject to the

obligation of maintaining infant children and after her

second marriage for payment to her of a moiety of the

income-Trusts of capital for the testator's children living

at his death and attaining twenty-one, or as to daughters

marrying with consent of guardians, and the issue of chil-

dren dying in the testator's lifetime leaving issue-Powers

of granting building and mining leases-Dower clause-

Legacies to executors and trustees-Power for executors

to wind up partnership business

64

3. Will of real and personal estate providing for testator's wife

by annuity-Specific devises of freeholds and copyholds,

including one to a niece for her separate use-Bequests of

ready money, and letters and papers-Bequests of a legacy

in trust for a niece and her issue-Confirmation of wife's

property-Bequest of annuities immediate and deferred,

with option to one annuitant to take a gross sum in lieu—

Bequest of deferred legacies-Forgiveness of a debt-

Bequest of another debt for the benefit of the debtor and

his issue Trusts to provide for the annuities, and to

provide a residence for the testator's wife, and to pay

legacies with interest to children to vest at specified times—

Trusts of residue for children in certain events, with trusts

over for other children-Provisions for investment, &c., of

legacies during a suspense of vesting

98

4. Will of real and personal estate-Bequest of stock-in-trade,

trade debts and money at banker's standing to the credit

of trade to two of testator's sons, and appointment of them

to be executors, so far only as relates to the premises

bequeathed to them-Trusts for collection of the trade

debts, and the money at the banker's, and payment thereof

to the trustees of the will, and for payment of the debts

due from the trade out of the residue of the trade pro-

perty; subject thereto, the trade property and goodwill

to belong to the sons-Bequest of a leasehold house and

land and household effects and live and dead stock to

testator's wife-Devise of real estate in trust for the sepa-

rate use of a niece, so as to restrain her from anticipation

during coverture-Bequest of annuities and legacies charged

on real estate-Proviso for cesser of annuities on alienation

---Bequest of charitable legacies-General devise and bequest

of real and personal estate upon usual trusts-Appoint-

ment of wife executor and trustee during widowhood only
-Power to solicitor trustee to charge for business . 119

5. Will of real and personal estate-Bequest of legacies to

daughters, one being to an infant, to fall into residue on

her death under twenty-one, but the interest to be paid to

her in the meantime-Legacies of daughters dying in tes-

tator's lifetime to go to their children-Gift of residue to

children equally, and settlement of the shares of daughters,

Will giving de-

terminable and

protected life

interests.

Will disposing

of a business

subject to

annuities.

and of the shares of sons dying in the testator's lifetime,

leaving children-Power for daughters to give life interests

to their husbands, and to trustees to vary the settlements

-Usual clauses-Power to lay out trust moneys in the

purchase of land, to be held as personal estate-Power to

allot and appropriate the testator's property specifically

among the legatees of the produce-Tenants for life to

take income from death-Portions subsequently advanced

to be pro tanto satisfaction of legacies-Powers for closing

and carrying on partnership and other businesses of the tes-

tator-Appointment of executors not to affect their debts

to the testator

136

6. Will disposing of residuary estate in favour of testator's wife

for life, with remainder to his children by name, including

those dying in his lifetime leaving issue, with provision for

daughters bringing their marriage portions into hotchpot―

Settlement of the share of a son on him and his wife and

issue, giving him a life interest protected against bank-

ruptcy and alienation, and of the shares of the daughters.

on them and their husbands and issue, the life interests of

the husbands being determinable on bankruptcy or aliena-

tion-Accruer clause-Very full powers to the trustees,

one of whom is the testator's partner, to carry on the tes-

tator's businesses and make the arrangements for the ad-

mission of his sons thereto-Power to trustees to sell any

part of the estate to any of the testator's children or

grandchildren at a valuation or otherwise-Provision that

decision of majority of trustees shall be binding-Power to

testator's partner to act or abstain from acting as a trustee

in matters in which he is personally interested . 164

7. Will of a person in business-Bequest of testator's house so

far as not required for carrying on his business, and furni-

ture in trust for his wife for life, with power to her to

dispose of the furniture and substitute other furniture, and

direction for providing her with another residence in the

event of the business and house being sold-Bequest of

legacies to the children of a deceased daughter, contingent

on their attaining twenty-one, with maintenance in the

meantime-Gift of annuities to the testator's wife and

a son (payable monthly) and other persons, protected