WILLS.

2. NOW I DO HEREBY GIVE AND BEQUEATH all that my said No. XXXVII. one-third part or share of and in the said residuary estate and effects, and all my right, title and interest therein, unto (trustees.)

Bequest of One-third of Residuary

Estate for the

3. TO HOLD unto the said (trustees), their executors, adminisa Sister of trators and assigns, upon the trusts, and for the ends, intents and purposes hereinafter declared.

Testator.

Bequest of

testator's share of residuary

estate to trustees.

Habendum.

Power for

trustees to

with former

executors.

4. AND I HEREBY AUTHORIZE AND EMPOWER the said (trustees), and the survivor of them, his executors or administrators, or other the trustees or trustee for the time being of this my will, to adjust, settle or compromise with the executors of the adjust accounts said (testator's name), all accounts relating to my said third part or share in the said residuary estate and effects so bequeathed to me as aforesaid; and also to refer to arbitration any questions or disputes (if any) that may arise in relation thereto, or otherwise to settle and adjust the same in such manner and upon such terms as my said trustees or trustee for the time being may in their or his discretion think proper; and to give good and effectual releases and discharges to the said executors of the said (testator's name) in respect of my said third part or share of the said residuary estate and effects.

In case residuary estate shall be received by

testator in his lifetime, he bequeaths a

5. AND in case the said one-third part or share in the said residuary estate hereinbefore bequeathed should be received by me in my lifetime, then I GIVE AND BEQUEATH unto the said (trustees), their executors, administrators and assigns, a sum of similar sum to money equal to the amount so received, to be held by them upon such and the same trusts, and for such and the same ends, intents and purposes as are herein expressed of and concerning my said

his trustees.

consent is

satisfied by a

marriage with

Requisition to who were then spinsters, it was held, did not apply to a daughter who aftermarry with wards married in the testator's lifetime, and was a widow at his decease: (Crommelin v. Crommelin, 3 Ves. 227.) To adopt a contrary construction would produce the absurdity of obliging the legatee to marry again in order to provide for her children (if any) by her former husband; and it seems that if in such a case a legatee marry with her father's consent, or even obtains his subsequent approbation, she will be entitled to all the benefit attached by him to marrying with the required consent (Wheeler v. Warner, 1 Sim. & Stu. 304), as it is impossible a testator could intend to place a daughter marrying with his own consent in a worse situation than if she had married with that of the trustees: (1 Hughes Pract. Sales, 375, 2nd edit.)

consent in testator's

lifetime.

WILLS.

third part in the said residuary estate and premises; such sum so bequeathed in lieu thereof to carry interest at the rate of 47. per No. XXXVII. centum per annum from the time of my decease.

Bequest of One-third of Residuary Estate for the Separate Use of

a Sister of Testator.

estate upon trust to

trust to invest,

&c.

6. AND MY WILL IS, AND I DO HEREBY DIRECT, that the said (trustees), or the survivor of them, his executors or administrator, or other the trustees or trustee for the time being of this my will, do and shall stand and be possessed of the said third part Trustees to stand possessed in the said residuary estate, or in case of my receiving the same in of residuary my lifetime, of the said sum so bequeathed in lieu thereof, with interest at the rate aforesaid, from the time of my decease, UPON TRUST [INSERT trusts for investment, ut ante, No. VI., clause 14, p. 657; that trustees shall pay income to testator's younger sister for her life, for her separate use, with powers of appointment amongst her children, and in default of appointment, upon trust for children absolutely, ut ante, No. XI., clauses 10, 11, 12, p. 685; ALSO hotchpot clause and provisions for maintenance and advancement, ut ib., clauses 20, 21, pp. 658, 659.]

testator's sister

7. AND in case my said sister shall leave no children who shall In case survive, then as to the whole of the said trust moneys, stocks, shall leave no issue, then upon funds and securities, UPON TRUST for my brother (name), his execu- trust for tors, administrators and assigns, absolutely, and to pay, assign and testator's transfer the same to him and them accordingly.

brother absolutely.

in case of her marrying a

individual.

8. PROVIDED ALWAYS, AND MY WILL IS, AND I DO HEREBY Proviso for determining EXPRESSLY DIRECT AND DECLARE, that in case my said younger sister's interest sister shall at any time marry (name and description), then and from thenceforth all and every the trusts and powers herein- particular hefore limited and declared in favour of her and her children or other issue, shall cease and determine in the same manner as if she were then actually dead without having left any children, who by virtue of the limitations and trusts herein contained would have been beneficially entitled under this my will.

9. AND my said trustees do and shall stand possessed of the said trust moneys, stocks and securities, UPON TRUST for my said brother, his executors, administrators and assigns, absolutely, and shall pay, assign and transfer the same to him and them accordingly.

Trustees to
stand possessed
of forfeited
bequest upon

trust for
testator's

brother.

WILLS.

and

days of

10. AND WHEREAS I have been for many years mortgagee in No. XXXVII. possession of all [DESCRIBE parcels], and which were conveyed and assured to me by certain indentures of lease and release dated Bequest of One-third of respectively the , subject to redempResiduary Estate for the tion on payment of the sum of 1,000l. and interest at 41. per cent. Separate Use of a Sister of per annum, on a certain day therein mentioned, and long since past; which said sum, together with a considerable arrear of interest, is still owing to me upon the said mortgage security.

Testator.

Recital that testator is mortgagee in fee in possession.

Devise of mortgaged premises and mortgage debt to testator's

brother.

Recital that testator's

11. NOW I DO HEREBY DEVISE unto my said brother (name) his heirs, executors, administrators and assigns, first, ALL that the aforesaid (short general description of parcels), and all other hereditaments and premises vested in me as a security for the said mortgage debt, and all my estate, right, title and interest therein; secondly, all that the aforesaid mortgage debt or principal sum of 10007, together with all interest which shall be due thereon at the time of my decease; TO HOLD the said mortgaged hereditaments and premises unto and to the use of my said brother, his heirs and assigns for ever, subject nevertheless to such right or equity of redemption (if any)(b) as may be now subsisting in the same premises; AND TO HOLD the said mortgage debt or principal sum of 1,000l. and interest unto my said brother, his executors, administrators and assigns, for his and their absolute use and benefit.

12. AND I DO HEREBY FURTHER DECLARE, that in case the said mortgage debt or principal sum of 1000l., or any part thereof, shall be paid off in my lifetime, then, and in such case, and in lieu thereof, I give and bequeath unto my said brother (name), the said sum of 1,000l., or such other sum as shall be equal to the amount so paid off, to be paid to him out of my general personal estate.

13. AND WHEREAS my brother-in-law (name), the husband of brother-in-law my elder sister (name), is now indebted to me in the sum of 750%, is indebted to for which sum I hold his bond, dated the

Practical remarks.

day of

(b) The equity of redemption, although not barred by lapse of time or other circumstances at the time of making the will, may nevertheless have become so at the time of the testator's decease, from which time the will is now made to speak, and not from the time of the making..

WILIS.

NOW I DO HEREBY GIVE AND BEQUEATH unto my said elder sister, the wife of the said (brother-in-law's name), the said sum of No. XXXVII. 750%. so due and owing and secured to me as aforesaid, and all interest which shall be due thereon at the time of my decease, for One-third of her own absolute use and benefit.(c)

Bequest of

Residuary Estate for the Separate Use of a Sister of Testator.

him in a bond debt of 750l., of and bequest of due debt to debtor's time Trustees

14. AND MY WILL IS, AND I DO HEREBY AUTHORIZE AND EMPOWER (but do not require) my said trustees or trustee for the time being to defer the calling in the said sum of 750l., or any other debt or debts, carrying interest, which may be and owing to me from my said brother-in-law (name), at the of my decease, for such period as my said trustees or trustee think fit.

shall

wife.

authorized to defer calling in debts owing from the brother-in-law.

the Debts owing to

be taken at

such their nominal

15. AND I DO HEREBY FURTHER DECLARE, that in valuation and distribution of my residuary personal estate debt or debts so due and owing to me from the said (brother-in-law's name) shall be taken at the nominal amount or amounts thereof in the distribution of my residuary personal estate. PROVIDED NEVERTHELESS, that the power herein before contained of leaving such debt or debts as aforesaid outstanding, shall extend to the full amount or amounts of such debt or debts, whether the same shall exceed the amount of such last-mentioned share or not.

amount.

testator's

sister, the wife

16. AND all the rest, residue and remainder of my estate, Bequest of both real and personal, I give and bequeath unto my said residue between brother (name), and my said elder sister (christian name), the wife brother and his of the said (brother-in-law), in equal shares as tenants in common. of his brother[ADD clause empowering trustees to give receipts, &c.; power to change trustees; appointment of trustees as executors; and clause of revocation, ut ante, No. VIII., clauses 6 to 9 inclusive, pp. 664, 665.]

IN WITNESS, &c.

in-law.

(c) By bequeathing the debt to the wife instead of releasing the husband Practical from the claim, a considerable saving in legacy duty is effected; as, upon a suggestions. release of the debt to the debtor, who is a stranger in blood to the testator,

a duty of 10l. per cent would attach, whereas upon a bequest to the testator's

sister the duty would only be 27. 10s. per cent.

No. XXXVIII.

WILL, OF A BREWER, BY WHICH HE BEQUEATHS IS SHARE
(ONE MOIETY) IN THE BUSINESS AND STOCK IN TRADE, TO
HIS SON, AND APPOINTS HIM AS HIS SUCCESSOR IN THE
PARTNERSHIP FIRM, AND HIS SPECIAL EXECUTOR AS TÚ
THE BUSINESS.

1. Commencement.

2. Recital that testator carries on the

4. Bequest of testator's share in the business, stock in trade, &c.

business of a brewer in partnership. 5. Appointment of son as special

3. Appointment of testator's son as his
successor in the partnership.

executor in all matters relating to the business.

Commencement

Recital that testator carries

1. THIS IS THE LAST AND ONLY WILL OF ME (testator), of, &c., brewer.

2. WHEREAS I now carry on the trade or business of a common on the business brewer at (name of place of business), in partnership with (partner's of a brewer in name), under certain indentures of partnership dated the

partnership.

Appointment of testator's son as

day

of
under which I am entitled to one moiety of the said
business, and the goodwill thereof, stock in trade and effects, with
power either by deed or by will to appoint a successor in
in the said partnership business.

my

stead

3. Now in exercise of the aforesaid power, and of every other his successor in power and authority vested in me under or by virtue of the said the partnership. hereinbefore mentioned indenture of partnership, I DO HEREBY

BY THIS MY WILL SUBSTITUTE AND AFPOINT my son (name) to be my successor in the said partnership business, with all and every the rights, powers, privileges and authorities which I am entitled to, or am empowered to confer upon him as my successor in the said partnership business.