PAGE (b) Condition of forfeiture if beneficiary alien- 2729 (c) Devise in trust to defeat claims of creditors, 2730 No. 33. CHARITABLE USES AND TRUSTS. 2732 (a) Gift to corporation to be formed, to found 2733 (b) Gift to corporation to be formed, to found .... 2733 (c) For erecting and maintaining church, ser- (d) To erect a memorial building to be used for 2734 .... 2735 (e) To worthy and needy servant girls and the widows and orphans of deceased sailors 2735 (f) Provision to defeat act invalidating gifts to charity by will executed within a month prior to testator's death...... 2736 (g) Gift over in event bequest to charity be de- No. 34. APPOINTMENT, POWERS AND LIABILITIES OF DIREC TORS AND TRUSTEES... 2737 2737 (a) Appointing executor to act without bonds.. 2738 (b) Appointing executors as trustees, with power to carry provisions of will into effect..... 2738 (c) Executor given power to sell, dispose of and convey property without order of court.. 2738 (d) Exempting executors and trustees from liability... .... 2738 (e) Substituting others for executors or trustees who are unable or unwilling to act...... 2739 (f) Trustees given power to fill vacancies, court to fill same if trustees fail to do so....... 2739 PAGE (g) Number who may act in event of disagree- longing to estate..... 2741 (i) Direction to trustee to accumulate income... 2741 (j) Direction to convert realty into personalty in event of conflict of laws..... No. 35. PROVISIONS AFFECTING RIGHTS OF HUSBAND, WIFE, AND CHILDREN.. (a) Gift to widow in lieu of dower.... (b) Gift to widow in lieu of interest in com- 2742 2743 2743 .. 2744 (c) Gift to married woman, free from control of husband ... (d) Direction to pay household expenses of tes tator's family.... 2744 .. 2744 2745 (e) Direction that no gifts to children shall be charged as advancements.. (f) Charging advancements against children... 2745 (g) Disinheriting child.. (h) Provision for afterborn children.... (i) Appointing testamentary guardian............... II. Contest of Wills. No. 36. FORMS OF PETITIONS OPPOSING PROBATE.. (a) Form of commencement: Before will ad- 2745 2746 2746 ... 2746 2747 (b) Form of commencement: To set aside pro bate .... 2748 (c) Prayer for relief: Opposition before probate. 2749 (d) Prayer for relief: Petition to revoke pro bate ... 2749 (e) Allegations that will was not duly executed. 2750 (k) Duress, menace, and undue influence...... 2757 (1) Undue influence coupled with confidential relationship and feebleness of mind..... 2759 Introduction. The construction of a will does not depend upon a single clause, but the intention of the testator governs, as drawn from the four corners of the instrument. Then again, surrounding circumstances and conditions may have a controlling effect as to the validity of certain provisions, or of the entire will. It has been well said that no two wills are identical. A single form of will involving the matters hereinafter covered would be contradictory and useless. All, therefore, that can reasonably be given as forms are clauses touching the various points which may arise in the preparation of wills; and since such points are as numerous and extensive as human thoughts and desires, the number must necessarily be limited to main topics, with such additions as may serve, partially at least, as a guide when unusual provisions are to be inserted. The forms and precedents given are for the purpose of illustrating the manner in which certain testamentary dispositions may be made, with the idea of representing a single principle; but many dispositions are so associated with others, as, for instance, a remainder is invalid unless supported by a precedent estate, that it is often necessary to add clauses which apparently have no direct connection with the topic in question. This, however, has been done, not only to make the disposition complete, but also for the purpose of suggesting other matters which may be inserted. No form should be used without adapting it to the other provisions of the will, since the instrument must be construed as a whole. No form, therefore, can be perfect. An adjudicated clause may even be a faulty precedent since the determination of its validity may have been in a measure controlled by other provisions of the will or by some particular statute of the state wherein its effect was determined. And, again, surrounding facts and circumstances must be considered. The fact that the effect of a clause has been before a higher court for adjudication is in itself evidence that its validity or meaning has been questioned; and provisions in wills which have been sanctioned in one state have been rejected in others. Forms must be used only in the light of all matters which may have an effect upon them. A vast estate may be disposed of by a will consisting of a few words only, but the purpose of words is to express thought, and a clear declaration of the testator's intention should not be sacrificed for the sake of brevity. The main feature of a will, other than the formalities required for its execution, is that the testator should express his intention. clearly and specifically on all matters which may arise in connection with the disposition of his estate. And particularly must the relationship of any part of the will be harmonious with all others. In the use of forms, these matters must be borne in mind. No. 1. COMMENCEMENT OF WILL. (a) Long form. (b) Short form. (a) Long form.-In the name of God, amen: (or, know all men by these presents, that) I, Acity of B-, of the county of, state of,1 of the age of years,2 being of sound and disposing mind and memory, not acting by reason of fraud, duress, menace or undue influence of any character whatsoever, having in mind the uncertainty of life and the natural rights of others and my obligations to them," and it being my intention and purpose to dispose of all the property, real, personal and mixed, which I may own at the time of my death or which I may have the power to dispose of by will, under powers of appointment or otherwise, do hereby make, publish' and declare this to be my last will and testament, in the manner following: Note 1.-Name and domicile of testator should be stated for purpose of identification and to show what law will govern the disposition of personalty. Domicile is a question of fact, see § 267. Domicile of married woman, see § 268. Bequests of personalty as affected by law of testator's domicile, see §§ 273-275. Law governing rights of a wife or child, see § 276. Law governing charitable devises and bequests, see §§ 283-286. 2. Age of testator should be stated, since various jurisdictions require that testator be of a specified age before he can make a valid will, see §§ 298-300. 3. Mental capacity necessary to make a valid will, see §§ 326-355. 4.-Fraud and undue influence, forgery, duress and mistake, see §§ 573-619. 5. A testator has the right to make an unequal disposition of his estate, see § 584. Unjust will alone causes no presumption of undue influence, see § 585; nor of mental incapacity, see §§ 353-355. As to the effect of an illicit relationship between the testator and a beneficiary, see §§ 590, 591. 6.—Rule as to property acquired after execution of will, see §§ 231-234. Will speaks as of the date of the testator's death, see §§ 235-239. 7. Publication, where required, see §§ 478, 479. Time of publication, see § 477. Proof of publication, see §§ 480-483. Acknowledgment and publication distinguished, see § 476. A (b) Short form.—I, A— county of, state of B—, of the city of do hereby make, publish and declare this to be my last will and testament. This is the last will of me, A B of the city TESTIMONIUM CLAUSE, INCLUDING SIGNATURE. (a) Testator signing his own name: Long form. (d) Testator's name signed by another. General Note.-As to position of testator's signature generally, see §§ 413-426. The testator should sign his name at the end of the will, |