surrenders,) To the use and behoof of the purchaser or purchasers of the said hereditaments, and his, her, or their heirs or assigns, or as he, she, or they may direct or require, and according to the custom of the said manor of W. And moreover for the said [debtor] and in his name, and as his act and deed, to sign, seal, execute and deliver any deed or deeds, to be prepared by and on the part of such purchaser or purchasers, pursuant to any such contract for sale, containing all reasonable and proper covenants on the part of the said [debtor,] his heirs, executors, and administrators, for the estate, title, possession, and assurance of the said hereditaments, so to be sold as aforesaid, and to receive and take the rents, issues, and profits of the said hereditaments until sale and conveyance thereof, and to give discharges for the same from time to time; and generally for the said [debtor], and on his behalf, to do, perform and execute, any such other acts, deeds and assurances, matters and things, as shall be necessary or expedient in or about the premises, and as fully and effectually to all intents and purposes, as the said [debtor] himself could lawfully do being personally present, he hereby ratifying and confirming, and agreeing to ratify all and whatsoever his said attorneys cr attorney shall lawfully do or cause to be done in the premises. A declaration that receipts shall be discharges is then to be added, with the usual trusts for application and division of the money, and the usual covenants from the debtor, and a covenant from the debtor that he and all other parties whose concurrence may be reasonably required, will join and concur in any sale, surrender, deeds or assurance, adding the usual declaration that such concurrence shall not be essential to validity, but merely for satisfaction of a purchaser. In the trustees' provision, will be inserted a power to buy in and resell, without being liable for loss, and the usual creditors' release, and covenant by trustees, will complete the deed. Under the Bankrupt Act, 6 Geo. 4, this deed will not operate as an act of bankruptcy to support a fiat, unless the fiat be issued within six months, provided it be executed by the trustees within fourteen days of the date, and such execution, attested by an attorney or solicitor, and notice advertized in gazette and papers as mentioned in the act. It would be prudent on a sale under this deed, to avoid fixing a date within six months for completion, as by giving the six months, a purchaser can feel safe if the deed was properly executed and advertized. In form 315, will be found the points to be attended to in framing conditions of sale under a trust deed. WILLS. [As to wills made after 1837, see abstract of 1st Vic. c. 26, at end of Court-Keeping Forms.] 339.-Simple Devise. 1. This is the last will and testament of me, A. B. of &c. made this in the year of our Lord, 18 day of 2. I nominate and appoint [add appointment of executors, and bequests of personalties.-See "Practical Man," Wills, 1 to 16.] 3. I give and devise my copyhold dwelling house, with the lands, grounds, and premises belonging, situate, &c. unto and to the use of Mr. G., his heirs and assigns, for ever. 4. And as to all and every of the freehold, copyhold, customary and leasehold manor, messuages, lands, tenements, hereditaments and real estate, whereof or whereto I or any persons or person in trust for me, am, are, or is seised or entitled, or which I have power to dispose of by this my will, and all other my real estate whatsoever and wheresoever, in possession, reversion, remainder, or expectancy, with the appurtenances, I give, devise, and dispose thereof unto and to the use of I. G. of, &c. his heirs, executors, administrators, and assigns for ever, according to the nature of the said estates respectively. 5. [Add declaration that executors shall only be answerable for wilful defaults, and that they may repay themselves disbursements.] 6. And lastly, revoking all former wills, I declare this to be my last will and testament, In witness whereof, I have to this my last will and testament, written on [three] sheets of paper, set my hand and seal; that is to say, my hand to the first two sheets thereof, and my hand and seal to this third and last sheet, the day and year first above written. 7. Signed, sealed, published, and de clared by the said A. B. the testator, as and for his last will and testament, in the presence of ns, who in his presence, at his request, and in the presence of each other, subscribe our names as witnesses hereto. A. B. 340.-For Life, and afterwards in Tail. This is the last will and testament, &c. (L. s.) I give and devise all that my copyhold estate, called, &c. situate, &c. unto my eldest son [name], for and during his natural life, without impeachment of waste; and after his decease to the use of his sons successively, according to their respective seniorities, in tail male; and for default of such issue, to the use of my son [second son] for his natural life, without impeachment of waste; and after his decease, to the use of his sons successively, according to their respective seniorities, in tail male. And for default of such issue, to the use of my daughters [names], during their respective lives in equal shares as tenants in common, without impeachment of waste; and as to the respective shares therein of each of them my said daughters, after her decease, to the use of her sons successively, according to their respective seniorities, in tail male, and on the failure of the issue male of any one or more of my said daughters, then and so often as the same shall happen, as to as well the share or respective shares originally limited to the daughter or daughters whose issue shall so fail as the share or respective shares which by virtue of this present clause shall have become vested in her or them, or her or their issue male, to the use of the daughter or daughters of my said daughters during her or their life or respective lives, in equal shares as tenants in common, without impeachment of waste, and after the decease of any such last mentioned daughter, then, as to the share or shares lastly limited to her, to the use of her sons successively, according to their respective seniorities, in tail male; and if there shall be a failure of such issue male of all my said daughters but one, then as to the entirety of the said estate, to the use of such only daughter for her life, without impeachment of waste; and after her decease, to the use of her sons successively, according to their respective seniorities, in tail male; and for default of such issue, to the use of my said several sons and daughters, as tenants in common in tail general, with cross remainders between and amongst them in tail general; and if all my said children but one shall die without issue, to the use of such only remaining child in tail general; and for default of such issue, to the use of my own right heirs for ever. 341-To secure Annuity to Wife, and subject thereto to Son. 1. This is the last will and testament, &c. 2. [Appointment of executors, bequests of personalty, &c.] 3. I give unto M. my wife, an annuity of £ during her natural life, (provided she shall so long continue my widow), charged and chargeable upon my estate, at &c. with powers of distress and entry for the recovery thereof, as if the same had been secured by a lease for years; the same annuity to be paid half yearly, on, &c. with a proportionate part up to the day of the decease of my said wife, and the first payment to be made on the first of such days happening after my decease; the same to be in lieu of dower and free bench, but in addition to the jointure settled upon her by our marriage setlement, and which I hereby confirm. 4. I give and devise unto [trustees], their heirs and assigns, all that my copyhold estate, situate, &c. upon trust that they or the survivors, or the heirs of such survivor, or other the trustee to be appointed as hereinafter mentioned, do and shall, by and out of the rents and profits thereof, or by mortgage or otherwise as they shall think fit from time to time, to raise and pay the costs, charges and expenses of or attending their admission to the said estate and otherwise in the trusts herein contained in relation thereto, and also do and shall from time to time in like manner, raise, levy, and pay to my said wife, for and during the term of her natural life, (provided she shall so long continue my widow and during her widowhood) one clear annuity of £ by equal half yearly payments, on, &c. with a proportionate part thereof up to the decease of my said wife to her executor or administrator, together with all costs and expenses attending the non payment thereof, and subject thereto and to the trusts aforesaid, upon trust for W. my son, his heirs and assigns for ever. And upon trust from and after the decease or marriage of my said wife, whichever shall first happen, to surrender and assure the said estate whenever requested by my said son, his heirs or assigns, and at his or their expense, to his and their use absolutely, or as he or they may direct or appoint, subject nevertheless to all mortgages or other incumbrances created under the trusts hereinbefore contained. 5. And I declare that it shall and may be lawful for my said trustees to insure their lives in a responsible insurance office, in such sum as they may reasonably estimate the amount of fine and expenses of admission of other trustees on their deaths would amount to, with a view to provide for the expense of any such admission by an annual payment in lieu of a large single payment; and I declare that my trustees shall and may retain and pay the expense of such insurance out of the annual rents and profits of the said estate or otherwise, as before provided with respect to the costs of their own admittance in the trusts hereby reposed in them. [The usual trustee powers will then be added, with the conclusion.-See "Practical Man," Wills, 1 to 16.] 342.-Freehold and Copyhold; part to be sold immediately, and part on death of wife. 1. This is the last will and testament of me, E. C., of &c. 2. I give and devise unto [trustees], their heirs and assigns, all and singular my freehold messuages or tenements, lands, and hereditaments (and parts thereof) situate in H. aforesaid, or elsewhere in England, to hold the same unto the said [trustees], their heirs and assigns, to the uses, upon the trusts, and to the intents and purposes following (that is to say): 3. As to the freehold messuage or dwelling-house in H. aforesaid, in the occupation of M. B., with the yards and gardens thereunto belonging, to the use of my wife, H. C., and her assigns, for and during the term of her natural life; 4. And as to the same premises, from and after the decease of my said wife, and as to all other the said freehold hereditaments, from and immediately after my decease, to the use of the said [trustees], their heirs and assigns, upon the trusts following. 5. And I do hereby empower and direct the said [trustees], and the survivor of them, and the heirs and assigns of such survivor, with all convenient speed after my decease, to make sale and dispose of my said freehold estates (except the messuage or tenement so given to my said wife for her life as aforesaid, which is not to be sold during her life without her concurrence); and also of all the customary or copyhold messuages, lands, tenements, and hereditaments [or parts thereof] of or to which I may be seised or entitled at the time of my decease, either together or in parcels, and either by public auction or private contract, for the most money and best prices that can be reasonably had or gotten for the same. 6. And I do hereby declare and direct that the receipts in writing of the said [trustees], or the survivor of them, or the heirs or assigns of such survivor, shall be good and effectual discharges to the purchaser or purchasers of all or any part of the said freehold and copyhold or customary hereditaments, and that such purchaser or purchasers shall not afterwards be bound to see to the application of, or be answerable or accountable for, any loss, misapplication, or non-application of his, her, or their purchase money, expressed or acknowledged in such receipt or receipts to have been received. 7. And I do hereby direct that the monies arising by sale of my said freehold and copyhold estates, shall sink into and become part of my personal estate, and that the rents, issues, and profits thereof, till sold, shall be paid and applied in such manner as is hereinafter directed with respect to the dividends, interest, and annual proceeds of the funds and securities in or upon which the monies to arise by such sale or sales are here inafter directed to be invested; 8. Provided always, and I do hereby direct, that in case the said messuage and premises herein before devised to my said wife for her life as aforesaid, shall be sold with her concurrence during her life, then and in such case the purchase or consideration money for the same shall be invested, during her life, in or upon government or real securities, in the names or name of the said [trustees], or the survivor of them, or the |