one trustee was originally appointed, or to fill up the original number of trustees where more than two trustees were originally appointed; but except where only one trustee was originally appointed, a trustee shall not be discharged under this section from his trust, unless there will be at least two trustees to perform the trust."

VIII.

IX.

WILL of SINGLE LADY. BEQUEST of household furniture. Pecuniary legacies. DEVISE of real estate to TRUSTEES in trust for sale. BEQUEST of personal estate to same trustees with discretion to retain present investments, or convert and invest in any of specified securities. INCOME to Brother for life. CAPITAL, after his death, to go to children of deceased SISTER.

&c.

IX.

THIS IS THE LAST WILL AND TESTAMENT of me, A. B., of, &c. I REVOKE all former Revocation wills made by me. I BEQUEATH all the household clause. Bequest of furniture, plate, linen, china, wearing apparel, and household other household effects, which shall be in the furniture, dwelling-house occupied by me at aforesaid at my decease, UNTO C. D., of, &c. I BEQUEATH the pecuniary legacies following, namely, To my sister, E. F., £ -, for her separate use, and Legacies for which legacy I direct that her sole receipt duty. shall be a sufficient discharge to my executors; To, &c., &c., AND to each of my executors hereinafter named, £: ALL which said legacies I direct to be paid free of legacy duty. I DEVISE all my real estate (other than real estate vested in me as trustee or mortgagee) UNTO G. H., of, &c., and

free of

Devise of

real estate

to trustees,

in trust to sell,

IX.

And invest proceeds,

I. K. of, &c., and their heirs, UPON TRUST to sell the same [either together or in parcels, and either by public auction or by private contract, and subject to any special or other conditions of sale, and generally] in such manner as the trustees or trustee for the time being of my will shall think fit; AND UPON FURTHER TRUST to invest the net moneys to arise from such sale or sales, in the names or name of the said trustees or trustee, in any of the public funds, or Government securities of the United Kingdom, or the stock or bonds of any of the English colonies, or of any foreign Government, or on real securities in England or Wales, or stock of the Bank of England, or the bonds, debentures, debenture stock, or other stock or shares, of any railway company in England, with liberty for the said trustees or trustee, at their or his discretion, to change all or any of such investments from time to time for any other investment or investments of the description aforesaid. AND I BEQUEATH all my personal estate not hereinbefore bequeathed UNTO the said G. H. and I. K., their executors and administrators, UPON TRUST by sale and conversion of a suffiUpon trust cient part of the said personal estate to raise and pay my debts, funeral and testamentary expenses, and the pecuniary legacies hereby bequeathed; and, as regards the residue of the said personal estate, UPON TRUST either to permit the same to remain invested in the manner in which it shall be invested at my death, or at the discretion of the trustees or convert, at trustee for the time being of my will, either immediately after my decease or at any time or times during the continuance of the trusts hereby declared,

Bequest of general personal estate to the trustees,

to pay

debts, funeral

expenses, and legacies; And to

allow resi

due to

remain, or

their dis

cretion,

IX.

hold un

and pro

ceeds of

realty and

converted

and invest

ments.

Upon trust

to sell and convert into money the said residue of my personal estate, or any part thereof, AND to And invest. invest the net moneys to arise from such sale and conversion, in the names or name of the said. trustees or trustee for the time being, in all or any of the investments hereinbefore prescribed for the investment of the net moneys to arise from the sale of my real estate, with the like liberty for subsequent change of investments. AND I DECLARE that Trustees to the trustees or trustee for the time being of my will converted shall stand possessed of such parts of my personal personalty, estate as shall for the time being remain unconverted, and also the said net moneys to arise from the sale and conversion of my real and personal personalty estate, and the stocks, funds and securities wherein the same shall for the time being be invested, UPON TRUST to pay the annual income thereof UNTO, or permit for testathe same to be received by, my brother L. B., brother for during his life; AND after his death I declare that life; the said trustees or trustee for the time being shall stand possessed of the said personal estate, moneys, stocks, funds and securities, IN TRUST for N. F., After his P. F., and R. F., the children of my late sister death in M. F., deceased, equally as tenants in common, the nephew shares of the said P. F. and R. F. [females] to be for their separate use respectively, and their receipts, notwithstanding coverture, to be effectual discharges to the said trustees or trustee for the same shares respectively. I DECLARE that the said trustees or Power to trustee may, in their or his discretion, postpone for postpone such time as they or he shall think fit the sale of estate. all or any part of my real estate, but that such real estate for the time being remaining unsold shall be

trix's

trust for a

and two

nieces.

sale of real

subject to the trusts hereinbefore declared concerning the residue of my personal estate, and the proceeds of sale and conversion of my real and residuary personal estate and the investments thereof; and that the income of such unsold real estate shall be applicable in the same manner as the income of the said investments, and that such unsold real estate shall be deemed to be converted from the time of my death, and be transmissible accordingly. AND I APPOINT the said G. H. and I. K. trustees and executors of this my will. IN WITNESS, &c.

Referring to the legacies to the executors, as given above, it may be remarked that they will be entitled only on condition of their proving the will, with a bonâ fide intention of acting in the executorship: and this would still be so if the legacies were given to them by name, instead of by their designation of executors, unless there were something to indicate a contrary intention; as for instance, if the legatee were referred to as the testatrix's brother, cousin, or other relative; or if the legacy were given “as a token of respect," or were bequeathed to one of the persons appointed executors exclusively, in addition to a previous legacy to all such persons. (Calvert v. Sebbon, 4 Beav. 222; Burgess v. Burgess, 1 Coll. 367; Cockerill v. Barber, 2 Russ. 585; Dix v. Reed, 1 Sim. & Stu. 237).

The choice of investments allowed in this case is unusually large, and should only be given under special circumstances, and where perfect confidence can be placed in the trustees' discretion.

The words " as tenants in common," in the final trust for N. F., &c., are not strictly necessary; as the word “equally" is sufficient of itself to constitute an ownership in common (See Jarman on Wills, 3rd edition, vol. ii., p. 238); but words unnecessary in principle are sometimes serviceable in preventing useless discussion, and thereby saving time.

In this precedent, nothing whatever is said as to the appointment of new trustees; thus leaving the matter entirely to the operation of the Conveyancing and Law of Property Act,

1881, ss. 31-34, a re-enactment and extension of the provisions of 23 & 24 Vic. c. 145, s. 27, which have generally been found sufficient under ordinary circumstances; besides which, in such a case as the above, where the objects are all in esse, the trusts would probably not be of long duration, and thus the chance of a vacancy in the trusteeship would be more remote than in the case of a will providing for a future generation.

IX.

X.

WILL of a WIDOW. DIRECTIONS as to FUNERAL. DEVISE of a MESSUAGE and LANDS to TRUSTEES; IN TRUST to SELL, TO PAY certain LEGACIES out of PROCEEDS, and set apart and INVEST a TRUST FUND of £10,000; the same to be HELD IN TRUST for a SON for LIFE (inalienable trust) with REMAINDER to his CHILDREN. If no CHILDREN acquire VESTED INTERESTS, the £10,000 to sink into the RESIDUARY PERSONAL ESTATE. The remaining PROCEEDS of SALE to form part of the RESIDUARY PERSONAL ESTATE. DEVISE and BEQUEST of RESIDUARY REALTY and PERSONALTY to another SON absolutely. POWER for TRUSTEES to defer SALE of the MESSUAGE and LANDS until after expiration of any LEASE, &c. Usual clauses.

X.

Funeral.

THIS IS THE LAST WILL AND TESTAMENT of me, A. B., of, &c. I DIRECT that my funeral shall be conducted in a quiet and inexpensive manner. I APPOINT C. D., of, &c., and E. F., of, Trustees, &c., trustees and executors of this my will. AND I DEVISE my messuage, lands and hereditaments Devise of a called situate near in the county of messuage UNTO and to the use of the said C. D.

and

executors.

and lands.