that, in the absence of any express intimation, the personal estate is applicable in exoneration. And here it may be remarked, that an estate in mortgage ought never to be devised to uses in strict settlement, or otherwise subjected to limitations in favour of infant or unborn persons, without being accompanied by a power of sale, or without some other effectual means being provided for raising the money, if called in by the mortgagee. The same remark applies where the testator has charged the estate so devised with the payment of his debts; and it is to be remembered that the law, without any act of the testator, has now brought this burden on the land; so that if the real estate is likely to be resorted to for this purpose, the proper machinery should be provided for rendering it conveniently available by sale or mortgage. When a testator subjects his real estate to debts, legacies, or annuities, it should be ascertained, and made distinctly to appear, whether he intends to make the land the primary fund, or merely to supply any deficiency in the personal estate. The latter would be presumed where the contrary does not appear; but obscurity on the point has been a prolific source of litigation. vesting or the only is to be Another and very important suggestion is, that whether the whenever the enjoyment of the subject of gift enjoyment (whatever be its nature) is postponed to a period postponed. subsequent to the testator's decease, it should be ascertained whether the vesting is also to be de Discretionary powers of trustees. ferred; in other words, whether the devisee or legatee is immediately to take such an interest as will pass to his representatives in the event of his dying before the period of enjoyment. Where the vesting is postponed until majority, or any other period, the destination of the income in the meantime should be provided for. Where land is devised in favour of infant or unborn persons, ample powers of management should be vested in the trustees, such as that of making repairs, letting the property for terms of a convenient duration, and accepting surrenders from, and compounding for claims against, tenants, and, where the estate is considerable, appointing agents and managers. Indeed, the extent of the discretionary powers of trustees is always a point, upon which a testator's intention should be distinctly ascertained and explicitly indicated. The nature of the powers adapted to various circumstances will be collected from the following Precedents. Liberality, without excessive indefiniteness, is the desideratum. If special and onerous duties are imposed on trustees, a large discretion should be confided, and, in such cases, a pecuniary allowance for the extraordinary trouble of management may be a prudential measure. This remark particularly applies where executors are directed to carry on a business, as such a duty involves a greater amount of risk and trouble than can be fairly exacted from the gratuitous services of a trustee. Even engagements bility as partner or other in ordinary cases, a pecuniary legacy to executors for their trouble seems proper, especially if they are strangers, taking no beneficial interest under the will. And here it may be remarked, that, Testator's with a view to the protection of the trustees, and and responsi the making provision for the due administration wise. of the affairs, the extent of a testator's engagements to third persons, and especially his rights and responsibilities with respect to any partnership concern, or any joint-stock company in which he may be engaged, may be a proper subject for inquiry and consideration. paring codi We may conclude with the remark, that no per- As to preson should attempt to prepare a codicil which is cils. intended to revoke, alter, or modify any disposition in the will, or in a previous codicil, without seeing such prior testamentary document, the contents of which are often very imperfectly recollected and stated by the testator; and no reader of legal reports need be informed how numerous and perplexing are the questions to which inaccuracies occasioned by a neglect of this precaution have given rise. CONCISE FORMS OF WILLS. No. I. WILL giving all the Testator's Real and THIS IS THE LAST WILL AND TESTAMENT of vise carries (a) It is now settled that a general devise will carry es- General detates vested in the testator as trustee or mortgagee, (Bain- trust and bridge v. Lord Ashburton, 2 You. & Coll. 347), unless a mortgage estates, when. contrary intention be evinced by the nature of the limitations or by the purposes to which the devised property is subjected, as where the devise is to uses in strict settlement, or for an estate in fee subject to an executory limitation over, or the devised estate is charged with debts and legacies;—modes of disposition which are inappropriate to trust and mortgage estates. (Roe v. Reade, 8 Durn. & E. 119; Lord Braybrook v. Inskip, 8 Ves. 417; Ex parte Morgan, 10 Ves. 101; In re Horsfall, M'Clel. & You. 291). The mere fact of the devisees in fee being made tenants in common will not, it seems, exclude trust estates, though it is more |