No. XXXIV.

WILL, DEVISING COPYHOLD PREMISES IN FEE, SUBJECT TO A
MORTGAGE THEREON. ALSO OF A LEASEHOLD MESSUAGE,
AND OF A FIRE AND A LIFE POLICY OF INSURANCE. ALSO
BEQUEST OF A POLICY OF ASSURANCE FOR 1,000l. ON TES-
TATOR'S OWN LIFE. ALSO OF TWENTY VOLUMES OF BOOKS
OUT OF THE TESTATOR'S LIBRARY, WITH THE POWER OF
SELECTION. BEQUEST OF THE RESIDUE OF LIBRARY TO
ANOTHER LEGATEE. ALSO OF PLATE AMONGST SEVERAL
LEGATEES. GENERAL RESIDUE TO GO TO EXECUTORS FOR
THEIR OWN BENEFIT.

1. Devise of copyhold premises in fee, subject to a subsisting mortgage thereon.

2. Bequest of a leasehold messuage for the residue of a term of ninety-nine years, determinable on three lives. Also, of a policy of insurance against fire, and upon one of the lives upon which the lease is determinable. 3. Appointment of legatee as special executor to the leaseholds and policies of assurance.

4. Bequest of a policy of assurance

upon testator's own life for
1,000l.

5. Bequest of twenty volumes of tes-
tator's books, to be selected by
legatee.

6. Bequest of residue of testator's
library.

7. Bequest of all testator's pictures,
&c.

8. Bequest of plate to be divided
amongst several legatees.

9. Bequest of residue to executors.
10. Appointment of executors.

[COMMENCE will, ut ante, No. I., clause 1, p. 632.]

copy hold

1. I GIVE AND DEVISE unto (devisee of copyholds) and his heirs, Devise of ALL THAT copyhold tenement and premises, situate, &c. [CONTINUE premises in fee description of parcels], all which said premises are now in mortgage to (mortgagee) for securing the sum of 575l., and interest at 47. per mortgage

subject to a subsisting

thereon.

WILLS.

Copyhold Premises in Fee, subject

cent. per annum, TO HOLD the same, with the appurtenances, unto No. XXXIV. and to the use of the said (devisee of copyholds), his heirs and Will, devising assigns for ever, at the will of the lord, according to the custom of the manor, subject to the said mortgage debt of £ which I direct shall be wholly borne by the said mortgaged premises to a Mortgage exclusively of my other property, and be wholly discharged by the said (devisee), his heirs, executors, administrators, or assigns, excepting any arrears of interest that may be due in respect of such mortgage debt at the time of my decease, which I hereby direct shall be paid out of my general personal estate.

Bequest of a leasehold

messuage, &c. for the residue

of a term of ninety-nine years,

three lives.

Also of a policy

of insurance against fire,

2. I ALSO GIVE AND BEQUEATH unto (name of legatee) all that my leasehold messuage, &c. [DESCRIBE parcels], which I now hold under a lease from (lessor) for the residue of a term of ninety-nine years, determinable upon my own life, and the lives of two other determinable on persons in such lease mentioned, both of whom are still living, together with any policy of insurance of the said premises against damage by fire which may be subsisting at the time of my decease, upon one of the and also the policy of assurance effected by me on the life of (A.B.) which the lease one of the said lives upon which the said lease is determinable, ro is determinable. HOLD the said messuage or dwelling-house, policies and insurance and premises unto the said (legatee), his executors, administrators and assigns, for all the rest, residue and remainder of the said term of ninety-nine years, determinable as aforesaid, and for all other my estate, term and interest therein.

lives upon

Appointment
of legatee
as special

3. AND I DO HEREBY CONSTITUTE AND APPOINT the said (legatee) to be the executor of my will, so far as relates to the said leasehold messuage or dwelling-house and policies of insurance, and policies of but not with respect to any other part of my said personal estate

executor to the leaseholds

insurance.

and effects. AND I FURTHER DIRECT, that all costs incurred by the said (legatee) in taking out a limited probate shall be defrayed out of my general residuary estate.(a)

Practical suggestions.

(a) When a lease for years is bequeathed, it is generally advisable to constitute the legatee a special executor as to this portion of the property, which will have the effect of relieving the general executors from all liability with respect to it, which is very considerable where the rents bear any great proportion to the annual value of the property, or the leases contain any stringent or burdensome covenants, for the whole of which the executors continue

WILLS.

Copyhold

thereon.

4. I ALSO GIVE AND BEQUEATH unto (legatee's name), ALL THAT olicy of assurance, No. 560, under the hands of two of the No. XXXIV. irectors of the Law Property Assurance and Trust Society, dated will, devising day of whereby the sum of 1,000l. is expressed to Premises in Fee, e assured by the said Assurance Society upon my own life, and subject to a Mortgage be paid to my executors or administrators within two calendar onths next after satisfactory proof of my death shall have been Bequest of a eceived by the said directors; together with all bonuses and all policy of ther sum and sums of money to become due or recoverable testator's own Er by virtue of the said policy of assurance, and all my estate, right, tle and interest therein. [INSERT appointment of legatee as special recutor as to policy of assurance, ut sup., clause 3.]

upon

assurance upon

life for 10007.

twenty volumes

5. I ALSO GIVE AND BEQUEATH unto (legatee's name) any Bequest of wenty volumes of the books in my library he may think proper to of testator's elect.

books, to be selected by legatee.

residue of

6. AND all the rest of my books contained in my library, Bequest of ogether with the bookcases in which they are contained, I GIVE testator's ND BEQUEATḤ unto (legatee's name.)

library.

testator's

7. I ALSO GIVE AND BEQUEATH unto the said (legatee) all my Bequest of all ictures, drawings, engravings and prints, both framed and un- pictures, &c. ramed, of which I shall be possessed at the time of my decease.

8. I GIVE AND BEQUEATH all my plate and plated ware unto Bequest of plate to be legatees' names), to be equally distributed between them; and in divided amongst ase any dispute shall arise with respect to such distribution, I several legatees. uthorize and empower my executors to sell and dispose of the aid plate and plated ware, and to divide the proceeds of such sale n equal shares between such legatees respectively.

esponsible, notwithstanding the property has, by their assent, become actually ested in the legatee. But this liability extends only to covenants by which he testator is expressly bound, and does not include such covenants as he would only have been liable to in respect of his ownership of the term.

In the case of bequests of policies of assurance, bonds, or other choses in As to choses in action, the appointment of the legatee as special executor of the property thus action. bequeathed to him, by conferring the legal right, imparts also the important advantage of enabling him to sue in his own name, instead of being obliged to obtain an authority to sue in the name of the executors, whilst at the same time it absolves the latter from all risks and responsibilities with respect to this part of the testator's estate.

WILLS.

9. AND all the rest, residue and remainder of my personal No. XXXIV. estate and effects, not hereinbefore by me specifically bequeathed, I give and bequeath unto (two residuary legatees), equally to be divided between them. (b)

Will, devising Copyhold Premises in Fee,

10. AND I DO HEREBY CONSTITUTE AND APPOINT the said (two residuary legatees) to be executors of this my will (except so far as relates to the leasehold messuage and premises and policies of insurance hereinbefore bequeathed by me to (legatee of leasehold's name), and to the policy of assurance on my own life hereinbefore bequeathed by me to (legatee's name.) [ADD clause of revocation, ut ante, No. I., clause 13, p. 639.]

IN WITNESS, &c.

Practical observations.

(b) In the case above supposed, the executors are appointed residuary legatees, which is now absolutely necessary to enable them to take any beneficial interest in the residue, although, as the law formerly stood, their appointment as executors would have conferred that right upon them, unless anything appeared in the will denoting a contrary intent, as to which, see supra, p. 762.

No. XXXV.

APPOINTMENT BY TESTATRIX (A WIDOW), UNDER A POWER
CONTAINED IN HER MARRIAGE SETTLEMENT, OF FREEHOLD
PROPERTY TO HER ELDEST SON IN FEE, AND OF COPYHOLD
AND LEASEHOLD ESTATES, UPON TRUST FOR HER FOUR
YOUNGER CHILDREN ABSOLUTELY AS TENANTS IN COMMON,
WITH CROSS LIMITATIONS IN CASE EITHER OF THEM
SHOULD DIE IN TESTATOR'S LIFETIME, OR UNDER THE AGE
OF TWENTY-ONE YEARS, WITHOUT LEAVING ISSUE.

1. Commencement.

2. Recital of testatrix's marriage settlement creating the power of appointment.

3. Of death of husband without having exercised the power.

4. That testatrix has five children living.

5. That testatrix has not exercised her power of appointment.

6. Appointment of freehold premises
to testatrix's eldest son in fee.

7. Appointment of
7. Appointment of

copyhold and
leasehold premises upon trust for
testatrix's four younger children
as tenants in common.

8. Cross executory trusts in favour of
survivors, in case either of the
four younger children die in tes-
tatrix's lifetime, or under twenty-
one, without leaving issue.

1. THIS IS THE LAST AND ONLY WILL OF ME, Commencement (testatrix), of, &c., widow of (husband's name), late of, &c., esquire,

deceased.

of

2. WHEREAS, by my marriage settlement, dated the

made previously to my marriage with my late

day Recital of deceased testatrix's

marriage

creating the

appointment.

husband, the freehold, copyhold and leasehold premises therein settlement mentioned, described and comprised, were, according to the respec- power of tive qualities of the same premises, conveyed, surrendered, assigned and assured unto (trustees of settlement), their heirs, executors, administrators and assigns, TO THE USE of, or in trust for, my