upon and for the trusts, ends, intents and purposes hereinafter declared (that is to say), WILLS. No. IX. Will of a Tradesman, with Powers to compound Debts, increase, diminish or Business, &c. discontinue 24. UPON TRUST during the lifetime of my said wife, if she shall so long continue my widow, to pay to her two-fifths (the whole of my said trust-moneys into five equal parts to be considered as divided) of the interest, dividends and annual proceeds of my said trust moneys, stocks, funds and securities, and after her decease or future marriage, THEN, as to the said two-fifths of Upon trust as my said trust-moneys, stocks, funds and securities, UPON TRUST to two-fifths for for my said eldest son (A. B.), his executors, administrators and widowhood, assigns, absolutely and for ever. wife during with remainder to testator's eldest son absolutely. As to remaining four-fifths, to be subdivided shares, to be between 25. AND AS TO, FOR AND CONCERNING the remaining fourfifths of my said trust moneys, stocks, funds and securities, my will is, and I hereby direct, that the same shall be again subdivided into eight equal into eight equal portions, of which I give two portions to my equally divided eldest son (A. B.), and one portion each to my six remaining testator's eight children [HERE SET OUT the names of the children], such portions children. to be respectively paid to such of my said children as shall be sons, on their attaining their respective ages of twenty-one years, and to such of them as shall be daughters, on their attaining their respective ages of twenty-one years or days of marriage, whichever shall first happen. 26. AND in case any of my said children who, being a son Provisions for survivorship or sons shall die before he or they shall attain the age of and accruer. twenty-one years, or who, being a daughter or daughters, she or they shall attain that age or marry, THEN, as well the original share or shares of and in my said trust moneys, stocks, funds and securities, (e) and also the share or shares that may accrue to them under this cross executory trust shall be,) upon TRUST for the survivors or survivor of such children, to be e lly divided between them as tenants in common, and such ving and accruing shares to be paid at such ages, days and (c) As, under the preceding clause, the testator's children take vested interests Practical at the testator's death, provisions for survivorship and accruer must be inserted: suggestions. (see observations, ante, p. 658, note (b).) WILLS. times, as his, her or their original portion or portions are hereinNo. IX. before directed to be paid. [HERE INSERT provisions for mainWill of a tenance and powers of advancement, ut ante, No. VI., clause 20, Tradesman, p. 658; ALSO receipt clause, ut ante, No. V., clause 3, p. 652; power to change trustees, ut ante, No. I., clause 11, p. 637; ALSO clauses appointing the wife and trustees executors, and also guardians of the children, and clause of revocation, ut ante, No. VI., clauses Business, &c. 23, 24, 25, pp. 659, 660.] with Powers to Trustees to compound Debts, increase, diminish or discontinue IN WITNESS, &c. No. X. SHORT FORM DIRECTING THAT BUSINESS SHALL BE CARRIED management widow, to carry on his business or some of his AND I HEREBY DIRECT, that my grocery business shall be Trustees, under carried on by my said trustees or trustee, upon the same premises of testator's whereon the same is now conducted, under the sole management of my said wife, provided she so long continues my widow, until his eldest until.my eldest son, and in case of his refusal, some other of my sons shall sons, shall attain the age of twenty-one years, and undertake the undertake same. management thereof, or neglect or refuse so to do. AND I AUTHORIZE my said wife to perform all such acts respecting my said business as 1 myself could have done if living; to hire shopmen, workmen, servants and others, paying them such wages and Power to compromise salaries as she may think proper: and also to adjust accounts, and adjust compromise debts, give time for payment, or take securities for debts, &c. the same, and also to refer to arbitration any debt claimed to be owing to or from me; and generally to act in the same business In case all as fully as I could have done if living, without being responsible refuse to for any loss that may have been therein incurred. AND in case business my eldest son, on attaining twenty-one, or all my said children, trustees to testator's sons undertake sell same. WILLS. No. X. Short Form directing that Business shall be carried on by Testator's Widow, of her Sons, &c. Direction that some of testator's sons the bus. ess. Power to increase, abridge, or discontinue business. Rates and taxes to be charged upon the business. Profits two-fifths to wife absolutely, remainder for support of children. on attaining that age, shall refuse to undertake my said business, then my said trustees or trustee shall sell the same and the goodwill thereof, together with the messuage, shop, warehouses and other buildings thereunto belonging, to any person or persons who shall agree to purchase the same, at such price as my said trustees or trustee shall consider reasonable, and after deducting the expenses of in trust for one gale, shall stand possessed of the purchase-moneys, upon the trusts hereinafter declared. AND I HEREBY DIRECT that my eldest or some one of my sons shall be employed in the management of my De et.ployed in said business for the purpose of learning and getting an insight into the same. AND I HEREBY AUTHORIZE my said trustees or trustee to increase, abridge, or wholly to discontinue my said business in case the same seems likely to prove an unprofitable concern, as my said trustees or trustee may consider most advantageous. I ALSO DIRECT that all rates and taxes whatsoever payable in respect of the premises whereon my said business shall be carried on, or upon the profits of my said trade, shall be charged to the account of the said business; and that the net profits thereof shall be applied as follows: (that is to say,) two equal fifth parts to my said wife for her own absolute use, and the Trustees, upon remaining three-fifths to be received and applied by her in the maintenance and education of my children, in such manner as she may think proper, without my said trustees or trustee being in transfer same anywise responsible for the application thereof. AND I HEREBY FURTHER DIRECT, that if my eldest son, upon attaining twentyone, or, in case of his neglecting so to do, any other one of my sons, on attaining that age, shall give notice in writing to my said trustees or trustee of his desire to undertake the management of my said business, my said trustees or trustee shall cause the same, together with the stock in trade, and the premises whereon the same shall be carried on, to be appraised; and my said son so desirous of conducting the said business shall have the option of purchasing the same, together with the stock in trade and premises whereon the same shall be carried on, which shall be transferred and conveyed to him upon his entering into a bond in a penalty of double the amount of such valuation, conditioned to pay such business in case valuation by half-yearly instalments, until the whole shall be paid off; but such son shall not be obliged in any one year to pay more part of the amount of such valuation. PROVIDED receiving notice from son, to appraise business and to son. Trustees to carry on of the death or second marriage of wife. than £ some WILLS. No. X. Short Form directing that Business shall be carried on by Testator's Widow, in trust for one of her Sons, &c. As to the ALWAYS, that in case of the death or second marriage of my said wife, before any of my said sons shall attain twenty-one and be desirous of carrying on my said business, then I direct that the same shall be carried on by my said trustees or trustee, until one of my said sons shall attain twenty-one and elect to carry on my said business, or all of them, on attaining that age, shall respectively neglect or refuse so to do; and that my said trustees shall have the same powers in the management thereof as are hereinbefore conferred upon my said wife. AND I DIRECT that application of profits my said trustees or trustee shall receive the profits during the received by interval between the death or second marriage of my said wife trustees. and the sale of my said business, stock in trade and premises, and insure against that such profits shall form part of my general residuary estate. damage by fire. AND I FURTHER DIRECT that my said trustees shall, so long as my said business shall be so carried on, insure the premises and stock in trade from loss or damage by fire, and all moneys received in case of such loss or destruction shall be forthwith applied in the reparation thereof. [ADD general residuary devise; trusts and other clauses, as circumstances may require.] IN WITNESS, &c. Trustees to |