THE FIRST SCHEDULE ABOVE REFERRED TO.

[List of investments transferred by husband.]

THE SECOND SCHEDULE ABOVE REFERRED TO.

[List of investments subject to the marriage settlement of wife's parents.]

XLIII.

WILL.

I, J. S., [late of in the county of X., and now] of No. -Z. Street, in the parish of in the county of London, hereby REVOKE all former wills, codicils, and testamentary instruments made by me, and declare this to be my last will.

I appoint S. of, &c., and T. of, &c., to be the executors Appointment

of this my will.

I BEQUEATH to all other articles of personal or domestic or household use or

my gold watch and chain; and to

ornament belonging to me; and to

Company Limited.

of executors.

Specific legacies.

all my shares in the

bequest of leasehold.

I BEQUEATH my leasehold messuage, with the outbuildings Specific and stabling belonging thereto, situate and being No. — in Z. Street aforesaid, unto A. of, &c., his executors, administrators, and assigns, for all the residue which shall be unexpired at my decease of the term for which the same premises are holden, the said A., his executors, administrators, and assigns, paying the rent reserved by, and performing and observing at his and their own expense the covenants and conditions contained in the lease under which the said premises are holden, and keeping my general estate indemnified in respect thereof.

devise.

I DEVISE to B. of, &c., his heirs and assigns [or, in fee- Specific simple"], all my freehold messuage or tenement, with the outbuildings and lands belonging to or held with the same situate in in the county of -, and commonly known as appurtenances thereof.

now in the occupation of

with the

General

I BEQUEATH the following LEGACIES [free of duty], namely, legacies.

Demonstrative legacy.

Bequest of annuity.

General

devise and bequest.

Testimonium.

Attestation clause.

the sum of £ to C. of, &c., the sum of £ to D. of, &c., and the sum of £- to E. of, &c.

I BEQUEATH to F. of, &c., the sum of to be raised by the sale of a sufficient part of the £2 10s. per cent. Consolidated Stock now standing in my name, as the primary fund for the payment thereof; and in case I shall not at my decease be possessed of such stock or of a sufficient amount thereof, I direct that the said legacy, or so much thereof as the said stock shall be insufficient to pay, shall be paid out of my general personal estate.

and

I BEQUEATH (a) to G., the wife of J. H. of, &c., during her life an annuity of £ [free of duty] for her separate use without power of anticipation, to commence from my death, and to be payable half-yearly on the -- day of the day of in each year, the first payment, or an apportioned part thereof, from my death, to be made on such of the said days as shall happen next after my death.

I DEVISE AND BEQUEATH all my real and personal estate (b), except what I otherwise dispose of by this my will or any codicil hereto, UNTO R. of, &c., his heirs, executors, administrators, and assigns, charged as to my real estate in aid of my personal estate with the payment of my funeral and testamentary expenses and debts, and the legacies and annuities bequeathed by this my will or any codicil hereto, and the duty on any legacies or annuities bequeathed free of duty.

IN WITNESS whereof I, the said J. S., have to this my will set my hand this day of 19-,

(Signed) J. S.

SIGNED by the said testator as his last will in the presence of us, present at the same time, who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses.

[Names, addresses and descriptions of
two (or more) witnesses.]

(a) As to annuities, see Elph. Conv. 570.
(b) See note (a) to Preced. XLIV., post, p. 351.

XLIV.

WILL disposing of residuary Real and Personal ESTATE in
TRUST for CONVERSION, and payment of Income to Wife
for Life or Widowhood, with remainder in trust for
Children.

[Commencement, appointment of wife A. and A. T. and B. T. executrix and executors, and the said A. T. and B. T. trustees of the will, specific legacies and devises, general legacies and annuities as in last Precedent.]

devise and bequest.

for sale and

conversion,

I DEVISE AND BEQUEATH all the real and personal estate Residuary whatsover to which at my death I shall be beneficially entitled or of which I shall have any general power to dispose beneficially by will (a) and not hereby otherwise disposed of, UNTO AND TO THE USE of the said A. T. and B. T., their heirs, executors, and administrators respectively, according to the nature thereof, upon the trusts and subject to the powers and provisions hereinafter declared and contained concerning the same, that is to say, UPON TRUST that the said Upon trust A. T. and B. T., or other the trustees or trustee for the time being of this my will (hereinafter called my trustees), shall sell, call in, collect, and convert into money the said real and personal estate, at such time or times and in such manner as they shall think fit (but as to reversionary property not until it falls into possession, unless it shall appear to my trustees that an earlier sale would be beneficial), and so that they shall have the fullest power and discretion to postpone the sale, calling in, or conversion of the whole or any part or parts of the said premises, including leaseholds or other property of a terminable or wearing-out nature, during such period as they shall think proper, without being responsible for loss.

AND SHALL out of the moneys to arise from the sale, calling in, and conversion of, or forming part of my said real

(a) These words are not necessary, since by section 27 of the Wills Act, 1837, a general devise and bequest of the real and personal estate of the testator (as in Preced. XLIII., supra, p. 350), will operate to pass property over which he has a general power of appointment.

with

discretion to postpone sale,

&c.

Trust of proceeds of conversion to pay debts, legacies, &c.

Trust for investment.

Trust to pay income to widow during widowhood.

Trust for testator's children or remoter issue as widow shall appoint.

In default of appointment, trust for testator's children who

attain 21, &c.

Hotchpot clause.

and personal estate, pay my funeral and testamentary expenses and debts, and the legacies bequeathed by this my will or any codicil hereto, and the duty on any legacies or annuities bequeathed free of duty, and make such provision as may be required or be deemed convenient for the payment of any annuities so bequeathed;

AND SHALL, at the discretion of my trustees, invest the residue of the said moneys in the names of my trustees in or upon [name the investments to be authorized]; AND may at their discretion vary or transpose such investments into or for others of any nature hereinbefore authorized;

AND SHALL pay the income of my said residuary trust estate and investments (hereinafter called the Trust Fund) to my wife A. during her life;

AND AFTER her death shall stand possessed of the trust fund and the income thereof IN TRUST for all or such one or more exclusively of the others or other of my children or remoter issue (such remoter issue to be born and take vested interests within twenty-one years after the death of my said wife), at such age or time, or respective ages or times, if more than one, in such shares and with such future or other trusts for their respective benefit and such provisions for their respective advancement, either in the lifetime of my said wife or after her death, and maintenance and education, at the discretion of my trustees or any other person or persons, and in such manner in all respects as my said wife shall from time to time by any deed or deeds revocable or irrevocable or by will or codicil appoint:

AND IN DEFAULT of and subject to any such appointment as aforesaid, IN TRUST for all or any my children or child who being sons or a son shall attain the age of twenty-one years or being daughters or a daughter shall attain that age or marry, if more than one, in equal shares;

PROVIDED ALWAYS, and I declare that no child of mine who or whose issue shall take any part of the trust fund under any appointment by virtue of the power hereinbefore contained shall, in default of appointment to the contrary, be entitled to any share of the unappointed part of the trust fund without bringing the share or shares or interest appointed to him

or her or to his or her issue into hotchpot and accounting for

the same accordingly (b).

clause.

I AUTHORIZE my trustees after the death of my said wife, Advancement or previously thereto with her consent in writing, to raise any part or parts, not exceeding in the whole a moiety, of the then expectant presumptive or vested share of any child or grandchild of mine in the trust fund under the trusts hereinbefore contained, and to pay or apply the same for the advancement or benefit of such child or grandchild in such manner as my trustees shall think fit.

AND IN THE EVENT of the failure or determination of the Ultimate trust, trusts hereinbefore declared, and subject to the trusts, powers, and provisions hereinbefore declared and contained, or by law vested in my trustees, and to every or any exercise of such powers, my trustees shall hold the trust fund and the income thereof IN TRUST for my brothers, L., M., and N., and my sisters, P., Q., and R., or such of my said brothers and sisters as shall be living at the time of the failure or determination of the trusts hereinbefore declared and the issue then living and attaining the age of twenty-one years, or in the case of females marrying, of any of my said brothers and sisters who may be then dead, their, his, or her heirs, executors, administrators, and assigns respectively in equal shares per stirpes.

trust and mortgage

[I DEVISE to my executrix and executors, their heirs and Devise of assigns, all hereditaments of copyhold or customary tenure which may at my decease be vested in me as a trustee or copyholds. mortgagee, and of which I may be tenant on the Court rolls of any manor or manors, subject to the trusts or equities affecting the same respectively (c)].

(d).

[I APPOINT the trustees or trustee for the time being of this Appointment of guardians my will to be the guardians or guardian of my infant children. after the death of my said wife in default of her having appointed any such guardian or guardians, or in the event of her having made any such appointment, then after the death (b) The maintenance and accumulation clauses are omitted in reliance on Conv. Act, 1881, s. 43. See ante, p. 345, note (g).

(c) See Conv. Act, 1881, s. 30, as amended by section 45 of the Copyhold Act, 1894 (57 & 58 Vict. c. 46), which replaces section 88 of the Copyhold Act, 1887 (50 & 51 Vict. c. 73).

(d) See the Guardianship of Infants Act, 1886 (49 & 50 Vict. c. 27).

D.C.

23