No. XII.

WILL of a MARRIED MAN, providing for a Wife, and for Adult and Infant Children.-Devise to Wife during Widowhood of Freehold Dwelling-house, with the Use of the Furniture, &c.-Devise of other Freehold Property, to two Sons in common in fee, subject to a Charge in aid of the Personal Estate.-Devise of other Freehold Property, upon Trusts, in favour of a married Daughter for Life unalienably, and her Issue, and ultimately upon the Trusts declared of the residuary Real Estate.-Residue of Real and Personal Estate vested in Trustees for Conversion into Money, with discretionary Power to postpone Conversion, and Direction as to Unconverted EstateProduce, subject to a Provision for Wife by way of Annuity (reducible on marriage), given to Children equally-each Child's Share strictly settled on such Child for Life unalienably, and on his or her Issue, with Power of appointing a Life Interest to a Husband or Wife. Provisions for Maintenance and Advancement, &c., with an ultimate Limita

wife.

Devise of freehold dwellinghouse, with

use of furni

ture, &c. to

wife during

widowhood.

tion over in favour of the other Children, and their Issue, &c.-Devise of Mortgage and Trust Estates.-Powers to give Receipts, compound Debts, and appoint Trustees.-Appointment of Executors and Guardians.

THIS IS THE LAST WILL AND TESTAMENT of Wines, &c. to me [testator's name], &c. I BEQUEATH to my dear wife [name], all the wines, liquors, fuel, and other consumable stores and provisions which shall belong to me at my decease absolutely. I DEVISE the freehold messuage or dwelling-house, with the offices, gardens, and appurtenances, belonging thereto, at aforesaid, now in my own occupation, together with the use and enjoyment therein of the furniture, pictures, prints, musical instruments, plate, linen, china, glass, and other household effects, not hereinbefore bequeathed, which shall be in or about the same at my decease, to my said wife [name], during her life, if she shall continue my widow, she insuring and keeping the same insured against loss by fire, to the full value, in the names or name of the trustees or trustee for the time being of this my will, and also keeping the same in good repair and condition Inventory of (reasonable wear and tear excepted). AND I DIRECT that my executors shall cause an inventory to be taken of the chattels comprised in the preceding bequest, and two copies to be made thereof, and respectively signed by my said wife and my

furniture, &c. to be taken.

aforesaid,

freehold es

ing the pre

mises devised

to the wife for life, to two sons in common in

with a sum of

paid to exe

of the person

al estate.

executors, before the delivery of such chattels to her, one of such copies to be delivered to her, and the other to be kept by them. I DEVISE my Devise of warehouse adjoining my dwelling-house, my four tates, includ cottages now in the several occupations of &c., all which hereditaments are situate at also the said freehold messuage or dwelling-house fee, charged now in my own occupation, with the offices, gar- money to be dens, and appurtenances thereunto belonging, (but cutors in aid subject, as to the last-mentioned messuage and premises, to the estate of my said wife therein under the devise hereinbefore contained), unto and to the use of my sons [name] and [name] as tenants in common, their respective heirs and assigns, nevertheless subject to and charged with the payment by my said sons respectively in equal moieties, their respective heirs or assigns, within calendar months next after my decease, unto my executors, of the sum of £sterling with interest for the same after the rate of £4 per cent. per annum from my decease, to be applied as part of my personal estate hereinafter bequeathed. I Devise of DEVISE my freehold messuages or dwelling-houses, hold estates with the outbuildings, gardens, and appurtenances thereunto belonging, and the closes or parcels of

now in the oc

land held therewith, situate at
cupation of with the appurtenances, to the use

of
my said sons [names], their executors, adminis-
trators, and assigns, during the life of my daugh-
ter [name], the wife of [name]; Upon trust to pre-
serve the contingent remainders hereinafter limited,

other free

to trustees,

for the life of daughter, on

a married

special trusts for her separate and unalienable use,

and also upon the trusts following: (namely), Upon trust, [if my said daughter shall be married at my decease,] to pay the rents and profits thereof, as and when the same shall become due, and not by way of anticipation, into her own hands, [during her then coverture,] for her separate use, independently of her husband; and for which rents and profits her receipts alone shall be discharges to my said trustees; [And upon further trust, immediately after any and every marriage which my said daughter, whether married at my decease or not, shall contract after my decease, to create and declare, by some instrument in writing under the hands of my said trustees, a trust of the rents and profits thereof in her favour, during her then coverture, for her separate and unalienable use, similar to the trust lastly hereinbefore contained; And upon further trust, during any and every discoverture of my said daughter, to pay to her so much of the rents and profits thereof as would not, although the same were payable to her, be by her act or default, or by operation of law, disposed of, so as to prevent her personal enjoyment thereof; and to apply so much of the rents and profits thereof as would, if the same were payable to her, be disposed of as last aforesaid, for the benefit of all, or some, or one of herchildren, or other issue for the time being in existence, if any, or, if none, of the person, or some or one of the persons who, if the trusts, powers, and provisions hereinafter contained concerning the

for her to ap

interest to any

form].

same hereditaments in favour of her husband, children, and issue had failed of effect, would be entitled to the same rents and profits, in such proportions, at such times, and in such manner as my said trustees shall think fit (a);] AND I EMPOWER with power my same daughter, by her will, to appoint to or point a life in favour of her present or any future husband husband; my last-mentioned hereditaments, or any part thereof, for his life, or for any estate or interest determinable on or before his death; [Or, I em- [Another power my said daughter, whether sole or covert, by any deed or deeds, with or without power of revocation and new appointment, or by her last will, to limit the said hereditaments, or any part thereof, to any or every husband whom such daughter shall have married, or be about to marry, and shall actually marry, for his life in remainder expectant upon the decease of the said daughter]. And I also empower my same daughter, by deed, —and to lease; to grant leases of the same hereditaments, or any part or parts thereof, for any term or terms of years, not exceeding twenty-one years in possession, at the best rent, without taking any fine or premium; And, after the decease of my said daughter, subject to any appointment in favour of a husband to be made by her as aforesaid, I DE--to her children, as she VISE the same hereditaments, To such use or uses, shall appoint; for the benefit of all or any one or more of the children, or other issue of my said daughter, (such other issue to be born in her lifetime), as she, by

(a) Vide ante, p. 254, n.