Page images
PDF
EPUB

AND LEASE

DISPOSITION
OF RESIDUE.

trustees, and provision for their indemnity, supra, pp. 621, 622]: BEQUEST OF PROVIDED ALWAYS, and I hereby declare, that the said LEGACIES A. B., as being a practising attorney and solicitor, shall be HOLDS entitled to make professional charges for any business which may be done by him with reference to this my will, or the trusts, powers or provisions thereof, as fully as if he had not is a solicitor, been appointed a trustee or executor of this my will, and shall be entitled to retain or receive from his cotrustees, out of the charges. said trust-monies, the full amount of such charges respectively. IN WITNESS, &c.

Trustee, who

to be entitled to make professional

No. CX.

INFANT SON,

AND BE

QUEST OF

RESIDUE IN

WIFE, CHIL-
DREN AND

WILL of REAL and PERSONAL ESTATE; DEVISE of DEVISE IN
Lands to SON on his attaining Twenty-one; In case FAVOUR OF
of decease of Son during Minority, the Property to AND DEVISE
fall into Residue; Power to Trustees to apply Rents
and Profits of Estate during Minority of Son for
his Benefit; Devise and Bequest of RESIDUE of TRUST
Real and Personal Estate upon Trust for SALE and
CONVERSION, and for Investment and varying
Securities, and to pay income to Wife for life; after
death of Wife TRUST-MONIES to go amongst
CHILDREN as Wife shall APPOINT; In default of
Appointment, amongst Children equally; ISSUE of
Children dying in lifetime of Testator to take
Parent's Share; HOтCHPOT clause.

REMOTER

ISSUE.

lands to son

I, A. B., &c. GIVE AND DEVISE my mansion house or dwelling Devise of house in which I am now residing, called -, together with on his attainall the pleasure grounds, lands, gardens, out-buildings and one. premises thereunto belonging, or therewith usually held or enjoyed, and also all that piece or parcel of land, situate and and which is now

being

which I lately purchased of

DEVISE IN in the tenure or occupation of

FAVOUR OF INFANT SON,

QUEST OF

WIFF, CHIL.

DREN AND

ISSUE.

In case of decease of son during

property to fall into residue.

Power to

trustees to

apply rents

estate during

son for his

benefit.

his under-tenants or assigns, unto C. D., of &c., and E. F., of &c., their heirs and AND DEVISE assigns, To the use of my son F. G., his heirs and assigns, if AND BE and when he shall attain the age of twenty-one years, but if he RESIDUE IN shall die under the age of twenty-one years, or in my lifetime, TRUST FOR then I direct that the same hereditaments and premises respectively shall form part of my residuary real estate hereinREMOTER after devised and bequeathed: AND I HEREBY EMPOWER my trustees or trustee for the time being, during the minority of my said son F. G., from time to time to receive the rents, issues minority, the and profits of the hereditaments so devised to him as aforesaid, and to apply the same, or such portion thereof as they or he shall think fit, for his maintenance and education, and to invest the surplus (if any) of the said rents, issues and profits in the and profits of parliamentary stocks or public funds of Great Britan, or upon minority of government or real securities in England or Wales (but not in Ireland), and to vary the securities for the time being, for any others of the same or a like nature, as they or he my trustees or trustee shall think fit, with power to resort to the accumu lations of any preceding year or years in any succeeding year or years, and apply the same for the maintenance and education of my said son: AND I DECLARE that all such accumulations as aforesaid, or so much thereof as shall not be applied as aforesaid, shall be paid and transferred to my said son, as and when he shall attain the age of twenty-one years, but if he shall die under that age, then the same shall sink into and form part of my residuary personal estate: AND AS TO ALL THE REST AND RESIDUE, &c. [Devise and bequest of real and personal estate, upon trust for sale and conversion into money, and for investment and varying securities, and to pay income to wife for life, supra, pp. 617, 618]: AND FROM AND AFTER her decease, the said trust-monies, stocks, funds and securities, and the annual income thereof, shall go, remain, and be in trust for all and wife for life. every or such one or more exclusively of the other or others of After death my children or child, or remoter issue, at such age, day or time, monies to go or ages, days or times, for such estate or interest, or estates and interests, and generally in such manner as my said wife by any deed or deeds shall direct or appoint, and in default of, and until such direction or appointment, and so far as any such

Devise and bequest of residue of

real and per

sonal estate,

upon trust

for sale and

conversion, and for investment and varying securities,

and to pay income to

of wife, trust

amongst

children as wife shall

appoint.

INFANT SON,

AND BE

WIFE, CHIL

ISSUE.

In default of

amongst

direction or appointment shall not extend, IN TRUST for all and DEVISE IN every of my present and future children and child, and the FAVOUR OF issue of any child of mine who shall die in my lifetime, who AND devise being a male or males shall attain the age of twenty-one years, QUEST OF or being a female or females shall attain that age, or marry Residue in under that age, and to be divided between them if more than TRUST FOR one in equal shares; YET so that the issue of any child of mine DREN AND dying in my lifetime as aforesaid, shall only be entitled (and if REMOTER more than one in equal shares) to the share or shares to which their deceased parent might have become entitled if he had appointment survived me: PROVIDED ALWAYS, and I do hereby declare, that no child or remoter issue taking any part of the said trustmonies, stocks, funds or securities under any such appointment dren dying as aforesaid, shall be entitled to any part of the unappointed testator, to part of the said trust premises without bringing his or her share." appointed part or share into hotchpot, and accounting for the Hotchpot same accordingly, unless my said wife shall by writing under clause. her hand direct and declare to the contrary. [Powers of maintenance, advancement and accumulation; Appointment of executors; Power to trustees to give receipts; Power to appoint new trustees and indemnity to them, supra, pp. 618, et seq.] IN WITNESS, &c.

children
equally.
Issue of chil-

in lifetime of

take parents'

No. CXI.

BEQUEST IN

OF TESTA

TOR'S

WILL of REAL and PERSONAL ESTATE; Trusts for devise and
SALE and CONVERSION and INVESTMENT of BE
FAVOUR OF
PROCEEDS; Income for WIFE for Life, Remainder WIFE AND
for CHILDREN equally; Shares of DAUGHTERS for
themselves for Life; After their Deaths as they may DAUGHTERS
respectively appoint; Remainder for the CHILDREN
of DAUGHTERS equally; In default of CHILDREN, STRICT SET-
as each DAUGHTER may appoint; Subject to appoint-

ISSUE IN

TLEMENT.

DEVISE AND
BEQUEST IN
FAVOUR OF
WIFE AND

OF TESTA

1OR'S

DAUGHTERS

AND THEIR

ISSUE IN

SIRICT SET

TIEMINT.

Trusts for children equally.

ment for other CHILDREN, equally; HOTCHPOT clause; Power to each DAUGHTER to appoint Life interest to her HUSBAND; Powers of Maintenance and Advancement as to Shares of CHILDREN and GRANDCHILDREN; Accruing Shares to be subject to TRUSTS of original Share; Power to each DAUGHTER to revoke TRUSTS declared of her Share.

I, A. B., of &c. [Devise and bequest of real and personal estate to trustees, upon trust for sale and conversion, and for the investment of the proceeds, with power to vary the securities from time to time, and for payment of income to wife for life, supra, pp. 617, 618]: AND FROM AND AFTER the decease of my said wife, the said trust-monies, stocks, funds and securities, and the annual income thereof, shall go, remain, and be in trust for my 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, to be divided between them in equal shares, YET SO THAT the share of each daughter shall be held by my trustees or trustee upon trust to pay the annual income thereof to each such daughter for her separate use, independently and free from the control and engagements of her husband, without power of anticipation, and for which her receipt alone shall be a sufficient discharge; AND AFTER the death of each such daughter, upon and for such trusts, intents and purposes, for the benefit of all and every, or any one or more, exclusively of the others or other of the children or remoter issue of each such daughter, as she by deed or deeds, with or without power of revocation and new appointment, or by her will, or any codicil or codicils thereto, remainder for shall appoint, and in default of such appointment, in trust for of daughters the children of each such daughter, 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 if more than one In default of in equal shares; BUT IN CASE THERE SHALL BE NO SUCH each daugh- CHILD, then upon and for such trusts, intents and purposes, and generally in such manner as such daughter shall by deed, with or without power of revocation and new appointment, or by her will, or any codicil or codicils thereto, appoint, and in default of such appointment, and subject thereto, then in trust for

Shares of daughters for themselves for life; after their

deaths as they may respectively appoint;

the children

equally.

children as

ter may

appoint;

subject to appointment

FAVOUR OF

OF TESTA.

TOR'S

ISSUE IN

children

clause.

ter to ap

interest

I her husband.

Powers of

maintenance

and advancement as to shares of

children.

my other children, in equal shares: PROVIDED NEVERTHELESS, DEVISE and that no child of any daughter of mine who shall take any part BEQUEST IN of the share of such daughter under any such appointment as WIFE AND aforesaid, shall be entitled to take any part of the unappointed share, without bringing his or her appointed share into hotchpot, DAUGHTER and accounting for the same accordingly, unless such daughter AND THEIR of mine shall by writing direct or declare to the contrary; AND STRICT SETI AUTHORIZE each daughter of mine, by her will, or any codicil TLEMENT. thereto, to appoint the whole or any part of the yearly income for other of her share in favour of her husband, for and during his life, or equally. for any more limited period; AND I EMPOWER the said trustees Hotchpot or trustee, notwithstanding the trusts aforesaid, or any of them, Power to to apply the whole or any part of the annual produce of the each daughshare of any child of mine who shall be an infant, during his or points to her minority, for his or her maintenance and education, AND DIRECT them or him to accumulate the unapplied income of such shares (if any) by investing the same in any of the aforesaid stocks, funds and securities, with power to vary any of the securities for the time being for any others of the same or a like nature, and to stand possessed of the accumulations and the securities in which the same may be invested, upon the trusts and subject to the power hereinbefore limited and declared concerning the fund from the annual produce of which the same shall have proceeded; AND I EMPOWER my said trustees or trustee for the time being, notwithstanding the trusts hereinbefore declared of and concerning the share of each child of mine, to advance any part not exceeding one-half part of his or her share, at any time or times during his or her life, for his or her preferment or advancement, or otherwise for his or her benefit: AND I EMPOWER my trustees or trustee to Power of apply the annual produce of the share or shares to which any and advancegrandchild or remoter issue shall be entitled in possession, or a shares of competent part thereof, during his or her minority, for or grandchil towards his, her, or their maintenance and education; AND I DIRECT them or him to accumulate the unapplied income, if any, by investing the same in any of the aforesaid stocks, funds and securities, with power to vary any of the securities for the time being for any others of the same or a like nature, and to stand possessed of the accumulations and the securities in which

maintenance

ment as to

« EelmineJätka »