No. XVIII. DIRECTION THAT TRUSTEES SHALL SET APART A FUND THAT 1. Direction that trustees shall set 2. Proviso for avoiding annuity and weekly allowance, if son shall do any act whereby it may become vested in any other person. Direction that trustees shall set apart so much of testator's personal estate as will produce and thereout sum to testator's son. , 1. AND I HEREBY AUTHORIZE AND DIRECT the said trustees or trustee for the time being of this my will, to set apart and appropriate so much of my personal estate as will produce the clear yearly sum of £ , and to stand possessed thereof, UPON TRUST £ per annum, to pay or otherwise apply the weekly sum of £ or such allow a weekly lesser weekly allowance as my said trustees or trustee shall think proper, unto my son (A. B.) during the term of his life, or until he shall alienate the same, or do some act whereby the said weekly allowance, if permitted to exist, would become vested in or for the benefit of some other person or persons; the first payment to be made at the expiration of the first week, to be computed from the day of my death. AND I also direct, that the unapplied surplus of such weekly allowance, if any, shall sink into and form part of my residuary personal estate. WILLS. Direction set apart a Fund. 2. AND I HEREBY FURTHER DIRECT, that if my said son (A.B.) shall assign or attempt to assign, or otherwise alienate or dispose No. XVIII. of his said annuity or weekly allowance, or commit or do any act, deed, matter or thing whatsoever, whereby the said annuity or to Trustees to weekly allowance would, but for this provision, become either wholly or partially vested in, or be for the benefit of any other Proviso for person or persons, THEN the said annuity and weekly allowance avoiding shall from thenceforth determine, and sink into my residuary weekly personal estate. annuity and allowance if son shall do any act whereby it may become vested in any other person. No. XIX. CLAUSES BY WHICH TRUSTEES ARE DIRECTED TO INVEST 1. Direction that trustees shall invest 2. To receive the interest, dividends, 3. In case of her surviving her husband, testator's sister to have an absolute power of appointment over the principal. 4. If the husband survives, the capital is to sink into the residue. AND 1. AND I HEREBY DIRECT DECLARE, that the said (trustees), or the survivor of them, his executors or administrators, or other the trustees or trustee for the time being of this my will, do and shall lay out and invest in real or government securities, or in some of the public funds, in the names or name of my said trustees or trustee for the time being, so much of my personal estate, as that the interest, dividends, and annual produce thereof, shall amount to the annual sum of £ Practical remarks. (a) The above clauses are adapted to a case where a testator is desirous of providing for his sister or any other married woman, in such a manner that her husband shall have no control whatever over the property, or derive any benefit whatever from it beyond what he obtains indirectly through the medium of the benefit conferred upon his wife, as the wife cannot even exercise her power of appointment unless she survives him, so that under no possible circumstances is he to receive any advantage from the bequest which the testator can deprive him of. WILLS. No. XIX. Clauses by which Trusties are directed to invest Moneys. To receive 2. AND I FURTHER DIRECT my said trustees or trustee for the time being to receive such interest, dividends and annual proceeds of such last-mentioned trust moneys, stocks, funds and securities, as and whenever the same shall become due, and on the first Monday in every month, to pay a proportionate part thereof into the proper hands of my sister (A. B.), the wife of (D. B.), for and during the term of her natural life, for her sole and separate the interest, use, free from the control, debts or engagements of her present dividends, &c., and pay the husband, the said (D. B.), or of any other husband or husbands same to testawith whom she may at any time intermarry, and so and in such manner as that she may have no power to alien or anticipate the payments growing payments thereof, her receipt alone being a sufficient life, for her discharge for the same; the first monthly payment to be made within one calendar month next after my decease; and after the decease of my said sister (A. B.), in case she shall outlive her present husband (D. B.), my will is, that my said trustees or trustee shall stand possessed of the said last-mentioned trust moneys, stocks, funds and securities, tor's sister by monthly during her separate use. her surviving testator's sister 3. UPON TRUST for such person or persons, and in such manner In case of and form, and for such ends, intents and purposes, as my said her husband, sister shall from time to time, or at any time, and notwithstanding to have an any future coverture, but not during her present coverture, by of appointment deed or will appoint; and in default of such appointment, UPON over the TRUST for my said sister (A. B.) absolutely. absolute power principal. survives, the sink into the 4. BUT in case my sister (A. B.) shall happen to die in the If the husband lifetime of her present husband, the said (D. B.), then my will is, capital is to and I hereby direct, that the said last-mentioned trust moneys, residue. stocks, funds and securities, shall fall into and become part of my general residuary estate. No. XX. BEQUEST OF A LEGACY OF 5001. TO TESTATOR'S BROTHER; ALSO OF LEGACIES OF 1,0001. TO EACH OF THE BROTHER'S SONS ON ATTAINING TWENTY-ONE, AND SUBSTITUTING ISSUE IN THE PLACE OF SONS DYING WITHOUT ACQUIRING VESTED INTERESTS. DEVISE OF A FREEHOLD ESTATE TO TESTATOR'S BROTHER FOR LIFE, WITH REMAINDER TO TRUSTEES IN FEE, UPON TRUST TO SELL, AND TO STAND POSSESSED OF PURCHASE MONEYS, UPON TRUST FOR DAUGHTERS OF TESTATOR'S BROTHER ON THEIR ATTAINING TWENTY-ONE, OR MARRIAGE WITH CONSENT. DIRECTIONS TO INVEST THE PRESUMPTIVE SHARES OF ANY DAUGHTERS WHILST UNDER AGE AND UNMARRIED, AND TO APPLY A SUFFICIENT PORTION OF THE INCOME TOWARDS THEIR MAINTENANCE. IN CASE OF DAUGHTERS MARRYING WITHOUT CONSENT, THE INCOME OF THEIR SHARES IS TO BE APPLIED TO THEIR SEPARATE USE AND THE PRINCIPAL DIVIDED AMONGST THEIR CHILDREN. 1. Commencement. 2. Bequest of 500l. to testator's brother. 3. Also of 1,000l. to each of sons of testator's brother on their attaining twenty-one. 4. Clause substituting children in the place of parents dying before they acquire vested interests. 5. Devise of a freehold estate to testator's brother for life. 6. Remainder to trustees in fee. 7. Trusts for sale. 8. Trustees to stand possessed of purchase moneys. 9. Trust for daughters of testator's brother on attaining twenty-one or marriage. 10. Trustees to invest presumptive shares of daughters and apply the same towards their mainte nance. 11. Trustees to stand possessed of shares of daughters marrying without consent. 12. Upon trust to invest. 13. To pay income to daughters for life for their separate use. 14. Principal to be divided amongst children: sons on attaining twenty-one, and daughters on attaining that age or marriage with consent. 15. General residuary devise of real and personal estate to testator's brother absolutely. |