WILLS. Short Form of a Children. any vacancy shall occur in the aforesaid trusteeship, in consequence No. XXXII. of the death, retirement from office, or incapacity of either of my said trustees, or from any other cause, it shall be lawful for the Will, directing surviving or continuing trustees, or the executors or administrators Property to be divided amongst of the last acting trustee, by any instrument in writing to appoint any trustee or trustees to such vacant trusteeship, which new trustee or trustees, when so appointed, shall have the same powers and authorities as if originally appointed a trustee or trustees by this my will. AND, revoking all former and other wills by me at any time heretofore made, I do hereby declare this to be my last and only will and testament. IN WITNESS, &c. No. XXXIII. WILL, DEVISING THREE ESTATES, WHICH HAVE BEEN ALL 1. As to all testator's freehold estates, subject to mortgage of 3,7501. 2. Devise of one of testator's freehold estates in fee, chargeable with 2,000l. part of the said mortgage debt, and interest at 47. per cent. 3. Devise of another estate in fee, chargeable with 1,000l., other part of the said mortgage debt and interest. 4. Devise of a third estate in fee, chargeable with 750l., the remainder of mortgage debt. 5. Declaration that devisees shall not be entitled to come upon the testator's assets in discharge of their mortgage debts. 6. Devisees to pay off mortgage debts 7. In case any devisee shall fail to 8. Devise of premises forfeited for [COMMENCE will, ut ante, No. I., clause 1, p. 632.] 1. As to my freehold estates, hereditaments and premises, As to all subject to the mortgage thereon in fee to (mortgagee) for securing freehold estates, testator's WILLS. to him the sum of 3,7501., and interest at 47. per cent. per annum, No. XXXIII. and which said mortgage debt shall be borne by my several Will, devising devisees in the respective proportions hereinafter mentioned, I give and devise as follows: Three Estates to Three Devisees in Fee. subject to a mortgage of 3,750%. 2. I GIVE AND DEVISE unto (first devisee) and his heirs, ALL, &c. [HERE DESCRIBE parcels], TO HOLD the same, with the Devise of one of appurtenances, unto and to the use of him the said (first devisee, testator's his heirs and assigns for ever, subject nevertheless and chargeable in fee, charge with the sum of 2,000l., and interest for the same, at the rate of freehold estates able with the said 2,000l., part of 41. per cent. per annum from the time of my decease, as his promortgage debt, portionate part of the said mortgage debt of 3,7504, so due and owing to the said (mortgagee) as aforesaid. and interest at 41. per cent. Devise of another estate able with 1,0007., other 3. I ALSO GIVE AND DEVISE unto (second devisee) and his heirs in fee, charge- [DESCRIBE parcels], TO HOLD the same unto and to the use of him the said (second devisee), his heirs and assigns for ever, subject neverpart of the said theless and chargeable with the sum of 1,000l., and interest for the same at the rate of 41. per cent. per annum from the time of my decease, as his proportionate part of the said sum of 3,750L so due and owing as aforesaid. mortgage debt and interest. Devise of third estate in fee, 4. I FURTHER GIVE AND DEVISE [CONTINUE devise to third chargeable with devisee in the same terms as in preceding clause, subject to the remainder of the charge of 7501. and interest at 4l. per cent., as his portion of the mortgage debt.] 750%, the mortgage debt. devisees shall to come upon the testator's assets in discharge of their mortgage Declaration that 5. AND MY WILL IS, AND I HEREBY DIRECT AND DECLARE, not be entitled that the said (three devisees by name), or either of them, their or either of their heirs or assigns, shall not be entitled to call for or claim payment of their said mortgage debt and interest, or of the respective portions of the same, with which the said hereditaments and premises so devised to them as aforesaid, are respectively charged as aforesaid, or any part of the same, out of any portion of my real or personal estate not hereinbefore devised or bequeathed to them respectively by this my will.(a) debts. (a) See observations as to the right of devisees of mortgaged estates to the testator's assets in discharge of the mortgage debts, ante, p. 739, n. (ƒ) i WILLS. Will, devising to Three 6. AND MY WILL IS, AND I HEREBY FURTHER DIRECT AND DECLARE, that in case the said (mortgagee), his executors, adminis- No. XXXIII. trators or assigns, or any other person or persons entitled to the said mortgage debt or sum of 3,750l. and interest, shall at any time call in or require payment of the same, that then and in such Devisees in Fee. case the said (three devisees' names), or their respective heirs, execu- Devisees to pay tors, administrators or assigns, shall pay off their respective portions debts in the of the said mortgage debt in the respective sums with which the proportions with said hereditaments and premises, so devised to them as aforesaid, premises are hereby made chargeable, and all interest due in respect of such several sums respectively, at the rate aforesaid. off mortgage which the devised to them are respectively made chargeable. fail to (three devisee shall heirs, contribute his proportion in con- discharge of the the devise to 7. PROVIDED ALWAYS, AND MY WILL IS, AND I HEREBY In case any FURTHER DIRECT AND DECLARE, that in case the said devisees' names), or either of them, their or either of their executors, administrators or assigns, shall refuse or fail to tribute his or their respective portion or portions towards the mortgage debt, discharge of the said mortgage debt, in the several sums with him to be void. which the said hereditaments and premises so devised to them as aforesaid are hereby made chargeable, as and whenever such mortgage debt shall be so called in as aforesaid, THEN my will is, that the devise of the said hereditaments so made by me to such devisee or devisees thereof, his or their heirs or assigns, who shall so refuse or fail to contribute his or their portion or respective portions I towards the discharge of the said mortgage debts as aforesaid, shall be utterly void to all intents and purposes whatsoever. forfeited for with the above to trustees, in 8. AND in such case I give and devise the said hereditaments Devise of and premises so forfeited as aforesaid unto (trustees) and their premises heirs, TO HOLD unto and to the use of them the said (trustees), non-compliance their heirs and assigns for ever, UPON TRUST that they the said condition (trustees), or the survivor of them, his executor or administrators, fee, upon trust or other the trustees or trustee for the time being of this my will, for sale. shall, as soon as conveniently may be, sell the said hereditaments and premises so forfeited as aforesaid, either by public auction or applied in discharge of private contract, in such manner as my said trustees or trustee mortgage debt, and the surplus. for the time being shall think proper, and at such price as they or he shall think reasonable, and also convey the said hereditaments and premises to the purchaser or purchasers thereof, and after personal estate Purchase moneys to be if any, to sink into the residuary WILLS. to Three deducting the expenses of such sale, to apply the proceeds of No. XXXIII. such sale or sales, either wholly or in part, accordingly as such Will, devising purchase money shall be sufficient, in liquidation of the said Three Estates mortgage debt or sum of 3,750l. and interest as aforesaid; the Devisees in Fee. surplus moneys, if any, to fall into and form part of my general residuary personal estate, and to be paid and applied accordingly. [ADD declaration that trustees' receipts shall be sufficient discharges; power to change trustees; appointment of executors; and clause of revocation, ut ante, No. VIII., clauses 6 to 9 inclusive, pp. 664, 665.] IN WITNESS, &c. |