No. XXXI. SHORT FORM OF WILL TO THE SAME EFFECT AS IN LAST [COMMENCE will, ut ante, No. I., clause 1, p. 632.] lease- General devise of all testator's heirs, real and personal estate. investment. I GIVE, DEVISE AND BEQUEATH all my freehold and hold property and personal estate unto (trustees), their executors, administrators and assigns, according to the respective natures and qualities thereof, UPON TRUST to convert into money Trusts for all my personal estate (except chattels real and mortgage securities), and to invest the moneys to be so collected in government securities, or in some of the public stocks or funds, or by way of mortgage upon freehold, copyhold, or customary or leasehold estate, railway shares or debentures, canal shares, turnpike tolls, or upon any personal securities my said trustees or trustee may think proper, with power to vary such securities in such manner as they or he may think fit. AND to stand possessed of my said Trustees to freehold and leasehold estates, stocks, funds and securities, railway possessed, &c. shares or debentures, canal shares, turnpike tolls, or other securities, UPON TRUST to pay the rents and profits and annual income during widowarising therefrom to my dear wife (name) during her life, if she hood, and for stand Trusts for wife maintenance of children. (a) The above form is calculated to supply the place of that contained in the Practical preceding precedent, when the testator from severe illness, or nervous debility observations. or excitement, is incapable of having the more lengthy form read over and explained to him. WILLS. Short Form of Trusts for children, sons at daughters at Provisions for maintenance. shall so long continue my widow, she thereout maintaining, edaNo. XXXI. cating and supporting all my children. AND after her decease or future marriage, UPON TRUST for all my said children, who, being a son or sons, shall attain the age of twenty-one years, or being a daughter or daughters, shall attain that age or marry. AND I twenty-one, and FURTHER DIRECT, that in case any child of mine shall die in my lifetime, or without having acquired a vested interest in my said testamentary estate and premises, leaving a child, children or issue, that such child, children or issue who, being a son or sons, shall attain the age of twenty-one years, or being a daughter or daugh ters, shall attain that age or marry, shall be entitled per stirpes, and not per capita, to the same share in my said testamentary estate and premises, and with such and the same provisions for maintenance and advancement as his or their deceased parent would have been entitled to if then living. AND I FURTHER AUTHORIZE the said trustees or trustee, during the minority of any son of mine, or during the minority of any unmarried daughter of mine, to apply the whole of the presumptive share of such child towards his, her or their maintenance, education and support, and also to apply any portion not exceeding the one-half of the presumptive share of such child towards his or their placing out or advancement in the world. And I also direct, that no bequest hereby made by me in favour of any child of mine shall be adeemed by any advancement I may have made in favour of such child in my life. Declaration that time. (b) AND I DO HEREBY FURTHER AUTHORIZE my said trustees bequests to or trustee to make partition of any undivided portion of my said freechildren shall hold or leasehold estates, unto any other person or persons entitled to the other undivided portions thereof, or to sell absolutely, or to exchange, the whole or any part of my said hereditaments and premises for other freehold, copyhold or leasehold estates, to any other person or persons whomsoever, for such price or other equi valent in lands as my said trustees or trustee shall consider reasonable; and with full power for him or them, by any deed or deeds, Power to revoke to revoke the uses, trusts, estates and powers herein before declared concerning the premises so to be conveyed by way of partition, or Power of advancement. not be adeemed by advancement by testator in his lifetime. Powers of partition, sale, or exchange. old uses, &c. (b) As to ademption of children's portions by an advancement made to them in their lifetime, see ante, pp. 812, 813. WILLS. No. XXXI. Short Form of - Will. invest moneys sale, &c. sold, or given in exchange as aforesaid, and by the same, or any other deed or deeds, to appoint and declare any other uses and estates, for the purpose of effecting such partition, sale or exchange. AND I DO HEREBY AUTHORIZE my said trustees or trustee to invest the moneys arising from such sale or sales, or received for Trustees to equality of exchange or partition, in the same manner as herein- arising from before directed concerning my aforesaid trust moneys, or to lay out the same in the purchase of freehold, copyhold, or leasehold estates; and do and shall stand and be possessed of the said hereditaments and premises so to be purchased or taken in exchange, or allotted by way of partition, as also of all moneys to be received in respect of such sale or sales, or which may be invested in any stocks, funds or other securities as aforesaid, according to the respective natures and qualities of the said premises, upon the same trusts, and for the same ends, intents and purposes, and subject to the same powers, as are hereinbefore expressed and declared of and concerning my said testamentary estate and premises, or as near thereto as circumstances will permit. AND I FURTHER Power to make partition AUTHORIZE my said trustees or trustee, with the consent of my amongst said wife during her widowhood, and after her decease or future marriage at their or his own discretion, and notwithstanding the minority of any parties beneficially interested therein, to make partition of any undivided shares in my said testamentary estate and premises of any person or persons beneficially entitled thereto under the trusts herein contained, TO THE INTENT that such allotments may from thenceforth be held and enjoyed in severalty, and to make such pecuniary allowances for equality of partition, and to charge the same by way of mortgage of any such allotment or allotments in such manner as my said trustees or trustee shall think fit. AND I FURTHER AUTHORIZE my said trustees or trustee, with the consent of my said wife during her widowhood, and after her decease or future marriage, at their or his own discretion, to grant any leases of my said freehold, copyhold or leasehold hereditaments and premises at rack rent, without taking any fine or premium for the making thereof, and so that the lessee or lessees execute such lease or leases, or a counterpart thereof, and be not made dispunishable for waste. [ADD clause authorizing trustees to compound debts; give receipts; and power to change trustees, ut ante, devisees. WILLS. 818 PRECEDENTS IN MODERN CONVEYANCING. No. VIII., clauses 5, 6, 7, p. 664. ALSO appointment of wife to No. XXXI. the guardianship of children during widowhood, and also executri, Short Form of jointly with the trustees; and clause of revocation, ut ante, No. VI., clauses 23, 24, 25, pp. 659, 661.] Will. IN WITNESS, &c. No. XXXII. SHORT FORM OF A WILL, BY WHICH A TESTATOR DIRECTS [COMMENCE will, ut ante, No. I., clause 1, p. 632.] trustees and in personal estate, and after debts, &c. to into five fifth to son. I APPOINT (trustees) to be my trustees and the joint executors Appointment of of this my will. AND I DIRECT my said trustees and executors, executors. or the survivor of them, his executors or administrators, to get in Trustees to get the whole of my personal estate and effects, as soon as conveniently may be after my decease, and after discharging all my just discharging debts, funeral and testamentary expenses, to divide my testamentary divide same estate into five equal portions, and to pay or assign one equal fifth portions. part to my eldest son (name), as soon as the same can conve- To pay oneniently be done. AND as to the remaining four other portions of testator's eldest my said testamentary estate, UPON TRUST to pay two equal shares thereof to each of my said two younger children (names), on their two equal attaining their respective ages of twenty-one years; and in the younger meantime to invest the moneys forming such shares upon such children at securities, real or personal, or otherwise, as my said trustees or to invest shares trustee may think proper, and apply the annual income arising and apply the therefrom towards the support and education of my said two towards their younger children, during their respective minorities, as my said maintenance. trustees shall deem most advantageous for them. AND in case change trustees. Trust to pay shares to two twenty-one; in the interim, interest Power to |