No. CVII. WILL of REAL and PERSONAL PROPERTY; BEQUEST DEVISE AND BE QUEST OF PERSONAL UPON TRUSTS FOR of Effects, &c., to Wife; LEGACIES to a Sister and plate, &c., niary legacy I, A. B., of &c., DO HEREBY revoke all wills, codicils and other Bequest of testamentary dispositions heretofore made by me, and do declare and a pecuthis to be my last will and testament. I BEQUEATH all my to wife. plate, linen, china, glass, books, pictures, prints, wines, liquors, furniture and other household effects whatsoever to my dear wife absolutely, and I bequeath unto her the sum of £, which I direct may be paid to her within -- calendar DEVISE AND BE QUEST OF REAL AND ESTATE UPON WIFE AND Legacy to sister. Bequest to infirmary. Devise of freeholds to secure rent charge to wife. months from the day of my decease, but without interest in the mean time; AND I BEQUEATH the sum of £ to my sister the wife of ——, for her sole and separate use, free from PERSONAL the control, interference, and engagements of the said and for which her receipt alone shall be a sufficient discharge: TRUSTS FOR AND I BEQUEATH the sum of £ to infirmary, to be CHILDREN. paid exclusively out of my pure personal estate, free from legacy duty, which I direct to be paid also out of my said pure personal estate, and I direct that the same respectively shall be paid in preference to every other legacy bequeathed by this my will, or to be bequeathed by any codicil or codicils thereto; and I declare that the receipt of the treasurer for the time being of the said infirmary shall be an effectual discharge for the said legacy: AND I DEVISE all the messuages, tenements, lands and hereditaments, situate within the parish of, in the county of, of or to which I shall be seised or entitled at my decease, and which may be of freehold tenure, unto E. F., of &c., and G. H., of &c., [releasees to uses] their heirs and assigns, TO THE USE and intent that my said wife may receive thereout during her life a yearly rent charge of £, to be paid by equal half-yearly payments, on the 24th day of June, and the 25th day of December, clear of all deductions, the first halfyearly payment to be made on such of the same days as shall first happen after my decease: AND ALSO TO THE INTENT that if the said rent charge, or any part thereof, shall be in arrear and unpaid for thirty days next after either of the said days appointed for payment thereof, then she may have the same remedy by distress upon the said hereditaments and premises, or any of them, for recovering such rent charge as lessors have by law for the recovery of rent in arrear; and that in case the said rent charge, or any part thereof, shall be in arrear and unpaid for forty days next after either of the said days appointed for payment thereof, she may into and upon the said hereditaments, or any part thereof, enter, and the same enjoy, and she may receive the rents thereof until all arrears of the said rent charge, with the said payments to accrue during such possession, and all costs and expenses occasioned by the nonpayment of the said rent charge, shall be satisfied; and subject to the said rent charge and the said remedies for recovering the payment thereof, Powers of distress and entry. DEVISE AND BE QUEST OF REAL AND ESTATE UPON WIFE AND CHILDREN. trustees for Remainder daughters in tail made. termi to charge, and portions. TO THE USE of L. M., of &c., and N. O., of &c. [trustees of term to raise portions], their executors, administrators and assigns, for the term of 500 years, to be computed from my decease, without impeachment of waste, upon the trusts hereinafter PERSONAL declared, and after the expiration or sooner determination of the said term, and in the meantime subject thereto and to the TRUSTS FOR trusts thereof, TO THE USE of my first and other sons successively in tail male, so that every elder son and his issue male shall be Subject always preferred to every younger son and his issue male; and thereto to for default of such issue, To THE USE of my first and other term. daughters successively in tail general, so that every elder to sons and daughter and her issue shall be always preferred to every younger successively daughter and her issue, and for default of such issue, To THE USE of my own right heirs for ever: And I DECLARE that the Trusts of said term of 500 years hereinbefore limited to my said trustees secure rent is so limited to them, UPON TRUST, in the first place, for securing for raising to my wife and her assigns the said yearly rent charge of £and for that purpose when the same shall be in arrear for thirty days, out of the rents and profits of the said premises comprised in the said term, or by demising or mortgaging the same premises, or any of them, for all or any part of the said term, or by any other reasonable ways and means, to raise the arrears of the said rent charge, and all costs and expenses which may be incurred by nonpayment thereof, and subject to the trusts aforesaid, UPON FURTHER TRUST in case any child or children of mine (other than an eldest or only son or daughter who shall be entitled to the freehold or inheritance of the said hereditaments under the limitations hereinbefore contained), shall, being a son or sons, attain the age of twenty-one years, or being a daughter or daughters, shall attain that age or marry, then in like manner to raise for the portion or portions of such child or children (other than as aforesaid); If only one, the sum of £. or if two, and no more, the sum of £--, or if three or more, the sum of £—, in addition to the other provisions hereinafter made for the said child or children by this my will, the portion or portions of a son or sons to be raisable and payable when and as he or they shall respectively attain the said age of twenty-one years, and the portion or portions of a daughter or daughters to be raisable and payable when and as she or they shall respectively DEVISE AND BE QUEST OF attain that age or marry, together with interest after the rate of £4 per cent. per annum on the said portion or portions REAL AND from the period or respective periods at which the same ought to be raised and paid, until the same shall be actually raised and paid: AND I DECLARE that when the trusts of the said TRUSTS FOR term of 500 years shall be satisfied or become unnecessary, the PERSONAL ESTATE UPON WIFE AND Power of leasing. CHILDREN. Same term shall cease: AND I DECLARE that it shall be lawful for the said several persons hereby made tenants in tail, as and when by virtue of the limitations aforesaid they shall respectively be entitled to the actual possession or to the receipt of the yearly rents and profits of the said hereditaments and premises hereinbefore devised during their respective lives, and also for the said E. F. and G. H., and the survivor of them, and the executors or administrators of such survivor, their or his assigns, during the minority or respective minorities of any person or persons who, by virtue of any of the limitations aforesaid, shall be entitled to any estate of freehold or inheritance in possession of and in the same premises, to demise all or any part or parts of the said hereditaments and premises for any term of years absolutely, not exceeding twenty-one years, to take effect in possession, and not in reversion or by way of future interest, so that there be reserved in every such lease the best yearly rent or rents to be incident to the immediate reversion that can be reasonably obtained for the same, without taking any fine, premium or foregift, or anything in the nature thereof, and so that there be therein respectively contained a clause of reentry for nonpayment of the rent or rents thereby respectively reserved for any space not exceeding thirty days, and so that the lessee or lessees do execute a counterpart thereof, and do thereby covenant for the payment of the rent or rents thereby reserved, and be not made dispunishable for waste. [Powers to trustees during minority of devisees, to apply rents to $650. their maintenance, see infra.] AND I GIVE, DEVISE AND BEQUEATH all and singular the messuages, tenements, lands and hereditaments (a) situate within the said parish of of or to which to freeholds. I shall be seised or possessed or otherwise entitled at my decease, Devise and bequest of copyholds and lease holds, upon trusts similar (a) It is assumed that the copyholds admitted of the creation of an entail. DEVISE AND BE QUEST OF PERSONAL ESTATE TRUSTS FOR WIFE AND which are of copyhold or customary tenure, and leasehold for years respectively, for all the estate, term and interest which I shall then have therein respectively, unto and to the use of the said REAL AND E. F. and G. H., their heirs, executors, administrators and assigns, Upon trust out of the rents and profits, or by mortgage of the said leasehold hereditaments and premises, to pay the rents and observe and perform the covenants and agreements by and in the CHILDren. several leases thereof reserved and contained, and on the part of the lessees, their executors, administrators and assigns, to be paid, observed and performed, and subject thereto as to all and singular the said leasehold and copyhold or customary messuages, tenements, lands, hereditaments and premises, UPON AND FOR SUCH TRUSTS, intents and purposes, and with, under and subject to such powers, provisoes and declarations as are hereinbefore expressed and declared of and concerning the said freehold hereditaments situate in the same parish, or as near thereto as the nature or tenure of the property and other circumstances will permit, but not so as to multiply charges, yet so nevertheless that my said leasehold tenements for years shall be subject to an executory limitation on the death of any tenant in tail of my freehold hereditaments under the age of twentyone years without leaving issue in tail living at his or her death, to or in favour of the person or persons entitled under the subsequent limitations, according to the tenor of such limitations (a). AND AS TO ALL THE REST and residue of the real Devise and bequest of and personal estate to which I shall be entitled at my decease, real and peror of which I now have any power to dispose by this my will (except such part thereof respectively as at my decease may be for sale and vested in me upon any trusts or by way of mortgage), I give, devise and bequeath the same unto the said E. F. and G. H., their heirs, executors, administrators and assigns respectively, upon trust to sell my real estate, (and such part of my residuary personal estate as shall consist of leasehold lands or tenements, either together or in parcels, and either by public auction. or private contract, with power to insert any special or other stipulations in any contract or conditions of sale as to title or otherwise, as they or he may think proper, and to call in and (a) See, for this form of limitation, Hayes and Jarman's Concise Forms of Wills. sonal estate to trustees, upon trust conversion. |