Moveables

and a pecuto wife.

No. VIII.

WILL of a MARRIED MAN, providing for a Wife and Younger Children; the Eldest Son having been provided for.-Rentcharge to Wife, reducible on Marriage.Residue (Real and Personal) to Younger Children, with Executory Limitations between them and the Eldest Son.

THIS IS THE LAST WILL AND TESTAMENT of me [testator's name, &c.] I BEQUEATH to my niary legacy dear wife [name] all my household furniture, plate, linen, glass, china, books, pictures, prints, wines, liquors, fuel, house-keeping stores and provisions, and other effects of the like nature, and the sum of £- to be paid to her out of the first monies which shall come to the hands of my Pecuniary le- executors. I BEQUEATH to my eldest son [name] (for whom I have already provided) the sum of only, to be paid to him at the end of calendar months next after my decease.

gacy to eldest

son.

Rent-charge to wife, redu

riage.

£

I

cible on mar- DEVISE to my said wife a yearly rent-charge of £- for her life, if she shall so long continue my widow; but if she shall marry again, then a yearly rent-charge of £ only for the remainder of her life, the said yearly rent-charge of or £ (as the case may be) to be

£

charged upon and issuing out of all the freehold hereditaments to which I shall be entitled at my decease, and to be payable half-yearly, without deduction; and the first payment of the said yearly rent-charge of £ to be made at the end of six calendar months, computed from my decease, if my said wife shall be then living and my widow, and the first payment of the said yearly rent-charge of £- to be made at the end of six calendar months computed from the second marriage of my said wife, and a proportionate part of each yearly rent-charge to be paid up to the determination thereof. And I empower my said wife, by distress, and also by entry upon and perception of the rents and profits of my said hereditaments, to recover payment of the said rent-charges, respectively, when in arrear for twenty-one days. I DEVISE and bequeath all the Real estate real estate, and the residue of all the personal es- of personal tate, to which I shall be entitled at my decease younger chil(but, as to my freehold hereditaments, subject to ecutory limitsuch of the said rent-charges as shall for the time tween them being be payable) unto my younger children son. [names], in equal shares, as tenants in common, their respective heirs, executors, administrators, and assigns; But if any of them shall die under the age of twenty-one years, without leaving issue, Then I DEVISE and bequeath the share or shares, as well original as accruing, of such of them as shall so die, to my said eldest son, and to the others or other of my said younger children, in equal

and residue

estate among

dren, with ex

ations be

and the eldest

shares, as tenants in common, their respective heirs, executors, administrators, and assigns. Provisions for And I direct and empower my trustees herein

maintenance

ment of

younger children.

and advance after named, during the minorities of such of my said children as shall be under age at my younger decease, to receive the annual income of their respective shares of my real and residuary personal estate, and to apply the same, or so much thereof as such trustees shall think expedient, in or towards the maintenance and education, or otherwise for the benefit, of such children respectively, and to invest and accumulate the unapplied surplus, and add the accumulations to the respective shares whence the same shall have arisen; and also to apply, in or towards the advancement in the world of such children respectively, any part, not exceeding one half, of the principal or value of their respective shares, and for that purpose to raise by mortgaging or charging my real estate, or any part or parts thereof, such sum or sums of money as my Power to con- said trustees shall think fit. I also direct and personalty. empower my said trustees to convert and get in my residuary personal estate, as and when they shall think fit, and to invest the net proceeds thereof, in their names, in or upon the public stocks or funds of the United Kingdom, or on real securities in England or Wales, and to vary the investment for any other or others of a like nature, when and as they shall think fit, until the same shall become distributable under the dispositions Power to let, hereinbefore contained. I also direct and em

vert residue of

settle affairs.

compound

power my said trustee, during the minorities or manage, and minority of such of my said younger children as shall be under age at my decease, to let my said real estate from year to year, or for any term not exceeding seven years, in possession, at the best rent, subject to such covenants and conditions as my said trustees shall think reasonable, and generally to manage and direct all the affairs and concerns of my said real estate and residuary personal estate, so far as regards the share and interest, or respective shares and interests, of the minor or minors, in such manner as my said trustees shall in their discretion judge most beneficial to such minor or minors. I ALSO EMPOWER my Power to said trustees to compound and compromise debts debts, &c.; and demands claimed as due from or to my estate; and to settle and adjust my accounts, and to refer disputes arising out of my affairs to arbitration; [or, I EMPOWER my said trustees to compound or allow time for the payment of any debt or debts due to my estate, and to satisfy all demands against my estate, whether supported by strictly legal evidence or not; and to settle all accounts between me and any person or persons, on such terms as my said trustees shall in their discretion think expedient; and to refer any matters in difference relating to my affairs to arbitration.] I also empower my said trustees to give effectual and to give discharges for all monies paid to them as such trustees. I DEVISE to my said trustees all the real estate which shall at my decease be vested in me as mortgagee or trustee, subject to the equities

discharges.

Power to ap- affecting the same respectively. I DECLARE that tees, and their if my trustees hereinafter named, or any of them,

point trus

indemnity.

or any trustees or trustee to be appointed under this clause, shall die, or be unwilling or incompetent to accept or execute the trusts of my will, it shall be lawful for my wife, so long as she shall continue my widow, and, after her death or marriage, for the competent accepting trustees or trustee for the time being, if any, whether retiring from the office of trustee or not, or, if none, for the executors or administrators, or either or any of the executors or administrators, of the last deceased trustee, to substitute, by any writing under their or his hands or hand, any person or persons, in whom alone, or (as the case may be) jointly with any surviving or continuing trustees or trustee, my trust estate shall be vested; and I exempt every trustee of my will from liability for losses occurring without his own wilful default, and authorize him to retain and allow to his co-trustees or co-trustee all expenses incidental to the trusteeship. And I declare that the powers and discretions hereinbefore vested in the trustees hereinbefore named, shall be exercisable by the trustees Appointment and trustee for the time being of my will. I APexecutors, and POINT my friends [names, &c.] to be trustees of

of trustees,

guardians.

my will; and I appoint my said wife [name], she continuing my widow, and the said [trustees], to be executrix and executors of my will, and guardians of my children during their respective minorities. LASTLY, I revoke all other wills. IN WITNESS &C.